Bill Text: NJ A2724 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides "grace period" for certain cable television company violations.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-09-13 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A2724 Detail]
Download: New_Jersey-2010-A2724-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Salem, Cumberland and Gloucester)
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Provides "grace period" for certain cable television violations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain cable television company violations and supplementing P.L.1972, c.186 (C.48:5A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Upon identification of a violation of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) which, pursuant to section 2 of this act, is designated as a minor violation, the board, shall issue an order, notice of violation, or other enforcement document to the cable television company responsible for the minor violation which: (1) identifies the condition or activity that constitutes the violation and the specific statute, rule, or regulation violated; and (2) notifies the cable television company responsible for the violation that a penalty may be imposed unless the activity or condition constituting the minor violation is corrected and compliance is achieved within the period of time specified in the order, notice of violation, or other enforcement document, as the case may be.
b. In each order, notice of violation, or other enforcement document issued pursuant to subsection a. of this section, the board shall provide the cable television company responsible for the minor violation a period of time to correct that violation and achieve compliance. The board shall promulgate rules and regulations establishing the period of time within which each type or category of minor violation shall be corrected and compliance achieved. The periods of time established for correction and compliance pursuant to this subsection shall be no less than 30 days or more than 90 days, based upon the nature and extent of the minor violation and a reasonable estimate of the time necessary to achieve compliance; provided, however, the board may establish a special type or category of minor violation which for public health and safety reasons shall be corrected and compliance achieved in a period of less than 30 days. The board may extend for an additional period of time not to exceed 90 days, in its discretion, the period of time set forth in the order, notice of violation, or other enforcement document within which the minor violation is to be corrected and compliance achieved. If compliance is not achieved during that period due to a lack of required action by the board, the compliance period shall be tolled until the board takes such required action.
c. If a cable television company responsible for a minor violation corrects that violation and achieves compliance within the period of time specified in the order, notice of violation, or other enforcement document issued pursuant to subsection a. of this section, the board shall not impose a penalty for that violation. The board may require the cable television company responsible for correcting a minor violation or achieving compliance to submit a written certification, or other documentation, to verify that compliance has been achieved.
d. Nothing in this act shall be construed to limit the authority of the board to seek damages or injunctive relief, to initiate or proceed with a criminal investigation or prosecution, or to obtain any other appropriate relief that may be available.
2. a. The board shall promulgate rules and regulations designating specific types or categories of violations within each regulatory and enforcement program of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) as minor violations and non-minor violations. In designating minor violations, the board shall utilize the criteria set forth in this section. All types or categories of violations not designated as minor violations shall be designated as non-minor violations.
b. A violation shall be designated by the board as a minor violation if:
(1) The violation is not the result of the purposeful, knowing, reckless, or criminally negligent conduct of the cable television company responsible for the violation;
(2) The violation poses minimal risk to public health or safety;
(3) The violation does not materially and substantially undermine or impair the goals of the cable television regulatory or enforcement program;
(4) The activity or condition constituting the violation has existed for less than 12 months prior to the date of discovery by the board;
(5) (a) The cable television company responsible for the violation has not been identified in a previous enforcement action by the board as responsible for a violation of the same requirement within the preceding 12-month period; or
(b) The cable television company responsible for the violation has not been identified by the board as responsible at any time for the same or substantially similar violations that reasonably indicate a pattern of illegal conduct rather than isolated incidents on the part of the cable television company; and
(6) The activity or condition constituting the violation is capable of being corrected and compliance achieved within the period of time prescribed by the board pursuant to this act.
3. The board shall annually submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature a report that provides the following information on each regulatory and enforcement program administered pursuant to the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.):
a. The number of cable television companies regulated;
b. The number of inspections performed;
c. The number of minor violations identified, and the number of companies responsible therefor;
d. The number of minor violations corrected during a period of time allowed for such correction pursuant to section 1 or this act, and the number of companies responsible therefor;
e. The number of minor violations not corrected during such a period of time, and the number of companies responsible therefor;
f. The number of enforcement actions assessing a penalty initiated for one or more minor violations not corrected during such a period of time;
g. The number of non-minor violations identified, and the number of companies responsible therefor; and
h. The number of enforcement actions assessing a penalty initiated for one or more non-minor violations.
Along with the report required by this section, the board may submit any recommendations it may have for any legislation it determines is necessary to improve the implementation or effectiveness of this act.
4. Within 180 days of the effective date of this act, the board, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate rules and regulations to effectuate the purposes of this act. Not less than 60 days prior to the proposed adoption of any rules or regulations proposed by the board pursuant to this act, the board shall submit such proposed rules and regulations to the chairperson of the Senate Legislative Oversight Committee, or its successor, and the chairperson of the Assembly Regulatory Oversight and Gaming Committee, or its successor. The board shall provide for a comment period of no less than 60 days prior to the adoption of the proposed rules or regulations, during which at least one public hearing shall be held for the purpose of obtaining comments on the proposed rules or regulations.
5. This act shall take effect immediately; provided, however, that the relief afforded under this act shall be applicable only to violations identified on or after the effective date of this act and further provided, that for the purposes of paragraphs (4) and (5) of subsection b. of section 2. of this act, the board shall not consider violations occurring prior to the effective date of this act.
STATEMENT
This bill directs the establishment of a "grace period" within which cable television companies would be authorized to correct minor violations to achieve compliance with certain provisions of the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) (the "cable act"). The "grace period" to be allowed under the bill would apply to minor violations of the cable act or any rule or regulation promulgated to effectuate the purposes of that act.
The bill directs the Board of Public Utilities (the "board"), to promulgate rules and regulations that designate certain types or categories of violations as minor violations and non-minor violations. The bill provides that if a cable television company achieves compliance within a time period prescribed by the board, the company would not be subject to a penalty for minor violations that are corrected in a timely manner.
A minor violation is defined under section 2 of the bill as a violation which:
C Is not the result of the purposeful, knowing, reckless or criminally negligent conduct of the cable television company responsible for the violation;
C Poses minimal risk to public health and safety;
C Does not materially and substantially undermine or impair the goals of the cable television regulatory or enforcement program; and
C Has existed for less than 12 months prior to the date of discovery by the board.
C In addition, in order for an activity to be designated as a minor violation, (1) the cable television company responsible for the violation shall not have been identified in a previous enforcement action by the board (a) for a violation of the same requirement within the preceding 12-month period; or (b) as responsible at any time for the same or substantially similar violations that reasonably indicate a pattern of illegal conduct rather than isolated incidents on the part of the cable television company responsible; and (2) the activity or condition constituting the violation shall be capable of being corrected and compliance achieved within the period of time prescribed by the board pursuant to the provisions of the bill.
