N.J. Admin. Code § 14:18-4.3 - Basis of discontinuance of service
(a) The cable
television company shall, upon reasonable notice when it can be reasonably
given, have the right to suspend or curtail or discontinue service for the
following reasons:
1. For the purpose of
making permanent or temporary repairs, changes or improvements in any part of
its system;
2. For compliance in
good faith with any governmental order or directive, notwithstanding such order
or directive subsequently may be held to be invalid;
3. For any of the following acts or omissions
on the part of the customer:
i. Nonpayment of
a valid bill due for service furnished at a present or previous location in
accordance with the further requirements stipulated in
N.J.A.C.
14:18-3.9. However, nonpayment for business
service shall not be a reason for discontinuance of residence service without
the prior approval of the Office;
ii. Tampering with any facility of the cable
television company;
iii. Fraudulent
representation in relation to the use of the service within the customer's
premises;
iv. Customer moving from
the premises, unless the customer requests that service be continued;
v. Providing cable television service to
others through the "tapping" of the cable television company's system without
approval of the cable television company;
vi. Refusal to contract for service where
such contract is required by the schedule of prices, rates, terms and
conditions filed with the Office;
vii. Failure to make or increase an advance
payment or deposit as provided for in these rules or the schedule of prices,
rates, terms and conditions;
viii.
Connecting and operating in such manner as to produce disturbing effects on the
service of the cable television company or other customers;
ix. Failure of the customer to comply with
any reasonable standard terms and conditions contained in the cable television
company's schedule of prices, rates, terms and conditions;
x. Where the condition of the customer's
installation presents a hazard to life or property; or
xi. Failure of customer to repair any faulty
television or FM receiver or other cable television receiving facility
belonging to the customer; or
4. For refusal of reasonable access to
customer's premises for necessary purposes in connection with rendering of
service, including the proper and legal maintenance or removal of the cable
television company's property.
(b) A customer wishing to discontinue service
must give notice to that effect. Where such notice is not received by the cable
television company, the customer shall be liable for service until such notice
is received by the cable television company.
Notes
See: 31 N.J.R. 3061(a), 32 N.J.R. 1402(a).
In (a)3, changed N.J.A.C. reference in i, and substituted a reference to cable television companies for a reference to companies in v.
Amended by R.2003 d.452, effective
See: 35 N.J.R. 100(a), 35 N.J.R. 5294(a).
Substituted references to customer for subscriber throughout.
Amended by R.2007 d.154, effective
See: 38 N.J.R. 4822(b), 39 N.J.R. 1766(a).
In (a)3vi, substituted "schedule of prices, rates, terms and conditions filed with the Office" for "filed tariff"; in (a)3vii, substituted "regulations" for "rules", and "schedule of prices, rates, terms and conditions" for "tariff"; and in (a)3ix, substituted "schedule of prices, rates, terms and conditions" for "tariff".
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