Bill Text: NJ S981 | 2012-2013 | Regular Session | Amended

New Jersey Senate Bill 981 (Prior Session Legislation)

Bill Title: Modifies certain service outage compensation and notice requirements for CATV companies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-06-27 - Substituted by A1528 (1R) [S981 Detail]

Download: New_Jersey-2012-S981-Amended.html

[First Reprint]

SENATE, No. 981

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED JANUARY 17, 2012

Sponsored by:

Senator LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

SYNOPSIS

Modifies certain service outage compensation and notice requirements for CATV companies.

CURRENT VERSION OF TEXT

As reported by the Senate Economic Growth Committee on June 17, 2013, with amendments.

An Act concerning cable television service outages and amending P.L.1987, c.422 and P.L.1999, c.43.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1987, c.422 (C.48:5A-11a) is amended to read as follows:

a. The director, with the approval of the board, shall adopt rules and regulations providing for a credit or rebate for outages of cable television service which are six or more hours in duration. The amount of the credit or rebate shall be in one day units, prorated on the basis of the subscriber's monthly rate for each service so interrupted. In order to obtain a credit or rebate, a subscriber shall notify by telephone or in writing the cable television company, the Office of Cable Television or other designated complaint officer within 30 days after any such outage. The regulations may provide for appropriate exceptions and limitations.

b. ¹[Notwithstanding the provisions of subsection a. of this section, or any other law, rule, regulation, or order to the contrary, the] The¹ director shall permit any cable television company that has a service outage lasting six ¹or more¹ hours ¹[or longer] in duration¹ , to ¹[offer the option] provide¹ to its subscribers ¹[of accepting]¹ other forms of compensation, in lieu of ¹[credits] a credit¹ or ¹[rebates] rebate¹ , to compensate subscribers for the loss of service caused by the outage. Nothing in this section shall authorize a cable television company to ¹[provide] require a subscriber to accept¹ an alternative form of compensation ¹[to a subscriber without first obtaining the express authorization of that subscriber either in writing or via electronic form] in lieu of a credit or rebate to which the subscriber is entitled to pursuant to subsection a. of this section¹ .

(cf: P.L.1987, c.422, s.1)

2. Section 1 of P.L.1999, c.43 (C.48:5A-11b) is amended to read as follows:

1. a. Notice to subscribers of refund liability and ordered rate decreases shall commence concurrent with subscriber credits within the next billing cycle following approval of the refund liability statement by the appropriate agency, whether the Board of Public Utilities for basic rates, or the Federal Communications Commission for cable programming service rates.

b. Notwithstanding the provisions of subsection a. of this section, or any other law, rule, regulation, or order to the contrary, the director shall not require any cable television company to provide its subscribers with periodic written notice of the procedures for obtaining credits, rebates, or other forms of compensation as reimbursement for service outages lasting six ¹or more¹ hours ¹[or longer] in duration¹ if the company provides ¹[such] that¹ information in an electronic format on its Internet website in a manner that reasonably conveys the content of ¹[such] the periodic written¹ notices, and ¹[that]¹ allows its subscribers to thereafter make informed decisions ¹[based on the information contained in such notices] concerning compensation for service outages¹ .

c. Any cable television company that ¹[determines to provide notices] provides notice¹ electronically on its Internet website in lieu of sending periodic written notices to its subscribers, pursuant to subsection b. of this section, shall offer the option to each of its subscribers to continue receiving ¹[such] periodic¹ notices in written form on at least an annual basis.