Sponsored by:
Assemblyman CARMELO G. GARCIA
District 33 (Hudson)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Allows credit against certain charges to CATV customers opting out of premium service within 30 days of CATV company notice of network or programming change.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning customer credit against certain cable television network or programming service changes 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. The board shall require every cable television company to notify each subscriber receiving premium service tier programming of any network or programming change to that service tier no later than 30 days prior to that change or 30 days after the cable television company first knows of the change.
b. The company shall give notice to each affected subscriber by:
(1) mailing a separate written notice to the subscriber's billing address of record;
(2) including a printed notation on the subscriber's regular billing statement; or
(3) including a written notice with the subscriber's periodic billing statement.
2. Where an affected subscriber, following the receipt of any written notice required under section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), elects in writing, by telephone or in person, no later than 30 days after receiving notice, to have the premium service tier terminated or downgraded, the subscriber may demand:
a. a credit for all installation, upgrade, and other one-time charges, as applicable, relating to the premium service tier, that were imposed on the subscriber within six months prior to the premium service tier network or programming change; and
b. a credit to the subscriber of monthly service charges that already have been paid by such subscriber for, and only for, each cable television service or subscription tier or level affected by a premium service tier network or programming change, provided however, that the credit shall be limited to the prorated amount already paid for the period following the date of the network or programming change.
3. This act shall take effect on the 60th day after the date of enactment, but the Board of Public Utilities may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill requires cable television (CATV) companies to notify each subscriber who receives premium service tier programming of any network or programming change to that service tier no later than 30 days prior to the change or 30 days after the CATV company first knows of the change. Notice shall be given by: 1) the mailing of a separate written notice to the subscriber's billing address of record; 2) a written notation printed on the subscriber's regular billing statement; or 3) a written notice accompanying the subscriber's periodic billing statement.
The bill allows an affected subscriber, following the receipt of that written notice to elect in writing, by telephone or in person, no later than 30 days after receiving the notice, to have premium service tier terminated or downgraded, and to demand that the CATV company issue a credit to the subscriber for: 1) all installation, upgrade, and other one-time charges, as applicable, relating to the premium service tier, imposed on such subscriber, within six months prior to the network or programming change; and 2) monthly service charges that already have been paid by such subscriber for, and only for, each premium CATV television service or subscription tier or level affected by the network or programming change, provided however, that the credit shall be limited to the prorated amount already paid for the period following the date of the network or programming change.