Bill Text: NJ S2145 | 2012-2013 | Regular Session | Amended
Bill Title: Modifies certain CATV company filing requirements with BPU and CATV company subsciber notice requirements concerning rates, charges, or services.*
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-12-19 - Substituted by A753 (2R) [S2145 Detail]
Download: New_Jersey-2012-S2145-Amended.html
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Modifies certain CATV company filing requirements with BPU and CATV company subscriber notice requirements concerning rates, charges, or services.
CURRENT VERSION OF TEXT
As reported by the Senate Economic Growth Committee on December 12, 2013, with amendments.
An Act concerning notice of cable television rates and services and amending P.L.1972, c.186.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 11 of P.L.1972, c.186 (C.48:5A-11) is amended to read as follows:
11. a. 1(1)1 The board 1,1 through the office 1,1 shall, consistent with federal law, prescribe just and reasonable rates, charges 1,1 and classifications for the services rendered by a CATV company [, and the tariffs therefor shall be filed and published in such manner and on such notice as the director with the approval of the board may prescribe, and shall be subject to change on such notice and in such manner as the director with the approval of the board may prescribe]. 1[A CATV company shall make available for public inspection on its Internet website a schedule of the CATV company's rates, terms, and conditions.]
(2) On an annual basis, a CATV company shall electronically file, using any reasonable means and format, a schedule of the CATV company's rates, terms, and conditions with the board and, as applicable, electronically file with the board any specific changes to the schedule of the CATV company's rates, terms, and conditions to the extent required by State or federal law.1
b. The board shall 1,1 from time to time 1,1 cause the established rates and rate schedules of each CATV company for cable [TV] television reception service to be reviewed, and 1,1 if upon 1[such]1 review 1,1 it shall appear to the board that, under federal law, 1[such rates, or any of them,] the rates and rate schedules1 are or may be excessive, unreasonable, unjustly discriminatory 1,1 or unduly preferential, the board shall require the CATV company to establish to 1[its] the board's1 satisfaction that 1[such] the CATV company's1 rates are just, reasonable 1,1 and not excessive or unjustly preferential or discriminatory, and for 1[such] that1 purpose 1,1 shall order the director to hold a hearing thereon. After a hearing upon notice and full opportunity to be heard afforded to the CATV company, the director may recommend amendment of the schedule of cable television 1[subscription] reception service1 rates charged by 1[such] that CATV1 company, and 1[such] the1 amended schedule 1,1 if approved by the board 1,1 shall supersede and replace the schedule so amended.
c. Any hearing held pursuant to this section shall be open to the public, and notice thereof shall be published by the [cable television] CATV company at least 10 days prior thereto in a newspaper or newspapers of general circulation in the certificated area wherein the rate schedule which is the subject of the hearing applies. Every municipality may intervene in any hearing held by the director pursuant to this section affecting the municipality or the public within the municipality.
d. 1[No] A1 CATV company shall 1not1 derive from the operations of cable television reception service or cable communications systems any revenues other than the fees, charges, 1and1 rates 1[and tariffs]1 provided for in subsection a. of this section and in subsection g. of section 28 of 1[this act] P.L.1972, c.186 (C.48:5A-28)1 .
e. Whenever 1,1 pursuant to the provisions of P.L.1972, c.186 (C.48:5A-1 et seq.) 1,1 the board or the director is required to determine whether any of the rates, charges, fees, 1[tariffs]1 and classifications of a CATV company are unjust, unreasonable, discriminatory 1,1 or unduly preferential, there shall be taken into consideration any fees which are charged for the use of a CATV system, or part thereof, as an advertising medium, or for services ancillary to 1[such] that1 use, and from which the CATV system derives revenue, directly or indirectly, and the effect thereof upon, the 1CATV1 company's requirements for revenue from 1[such] the1 fees, rates, charges, 1[tariffs]1 and classifications subject to the provisions of this section.
f. The provisions of this section shall not apply in any area where there is effective competition as that term is used in 47 U.S.C. s.543.
g. (1) Notwithstanding the provisions of 1[subsection a. of]1 this section, or any other law, rule, regulation, or order to the contrary, and consistent with federal law, the director shall not require 1[any] a1 CATV company to 1: (a)1 provide 1[, upon request,] subscribers with1 a copy of the 1CATV1 company's schedule of prices, rates, charges, and services; 1[to] (b)1 post a copy of the 1CATV1 company's schedule of prices, rates, charges, and services in its local business office; or 1[to] (c)1 provide 1[customers] subscribers1 or applicants for cable television reception service with an explanation 1,1 in non-technical terms 1,1 of the 1CATV1 company's products and services offered, or the prices 1, rates, charges,1 and provisions applicable to the services furnished or available to 1[such customers] those subscribers1 or applicants, if the 1CATV1 company provides 1[such information] currently available prices, rates, charges, and services1 in an electronic format on the 1CATV1 company's Internet website in a 1clear, concise, and readily accessible1 manner 1, using any reasonable means and format,1 that 1[reasonably] accurately1 conveys the content of 1[such] the CATV company's1 notices, and that allows 1[its customers] subscribers1 and applicants to thereafter make informed decisions based on the information contained in 1[such notices] the postings on CATV the company's Internet website1 .
(2) 1[Any] A1 CATV company that elects to provide notices on 1[its] the CATV company's1 Internet website pursuant to paragraph (1) of this subsection, in lieu of providing notices or explanations to 1[its customers] subscribers1 or applicants, or posting notices in 1[its] the CATV company's1 local business office, shall 1:1 (a) 1[offer the option] provide an explanation1 to each of 1[its customers] the CATV company's subscribers on their bill periodically, though not less than quarterly, of how subscribers are1 to 1[receive such notices or explanations] obtain1 in written 1and electronic1 form 1[on at least an annual basis,] the CATV company's currently available prices, rates, charges, and services;1 and (b) provide 1[such notices or explanations] the CATV company's currently available prices, rates, charges, and services1 , upon request, to 1each of the CATV company's subscribers and1 applicants who are unable to access the Internet or are otherwise unable to obtain information from the 1CATV1 company's website via the Internet. 1Nothing in this section shall be construed to modify or expand a CATV company's existing obligations to provide information to the board under any other section of Title 48 of the Revised Statutes, to the extent that those obligations do not conflict with this section.1
(cf: P.L.2006, c.83, s.8)
2. This act shall take effect immediately.
