Bill Text: NJ ACR126 | 2010-2011 | Regular Session | Amended

---

Bill Title: Determines that BPU regulation requiring approval of BPU prior to closure or relocation of cable television company's local business office is inconsistent with legislative intent. *

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2011-03-21 - Received in the Senate, Referred to Senate Economic Growth Committee [ACR126 Detail]

Download: New_Jersey-2010-ACR126-Amended.html

---

[First Reprint]

ASSEMBLY CONCURRENT RESOLUTION No. 126

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED MAY 13, 2010

 

 

Sponsored by:

Assemblyman  JOHN J. BURZICHELLI

District 3 (Salem, Cumberland and Gloucester)

Assemblywoman  CELESTE M. RILEY

District 3 (Salem, Cumberland and Gloucester)

 

 

 

 

SYNOPSIS

     Determines that BPU regulation requiring approval of BPU prior to closure or relocation of cable television company's local business office is inconsistent with legislative intent.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Regulatory Oversight and Gaming Committee on January 20, 2011, with amendments.

  

A Concurrent Resolution ¹[declaring a regulation of the Board of Public Utilities to be inconsistent with the legislative intent of section 26 of P.L.1972, c.186] concerning legislative review of Board of Public Utilities regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey¹.

 

Whereas, Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey provides that the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature and, upon a finding that the rule or regulation is not consistent with legislative intent, may transmit such finding to the Governor and the head of the agency; and

Whereas, Section 26 of P.L.1972, c.186, the "Cable Television Act" (N.J.S.A.48:5A-26), sets forth measures to enable cable television subscribers to file service complaints and to require that those complaints receive prompt disposition; and

Whereas, Section 26 provides that, "for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions, and similar matters," a cable television company shall maintain local business offices; and

Whereas, The New Jersey Board of Public Utilities ("board"), the State agency with responsibility for oversight of cable television service providers, has issued a regulation (N.J.A.C.14:18-5.1) to implement this statutory directive, specifying that such offices shall be "in or within reasonable proximity of (the company's) service area" and requiring that the location of the office shall be furnished to the board's Office of Cable Television; and

Whereas, These provisions of the regulation directly further the intent of the Legislature, evident in the explicit terms of section 26, to ensure the availability of convenient facilities for the receipt of customer complaints concerning cable service; and

Whereas, The regulation also provides that a cable television company may not close or relocate a local business office until the company shall have filed, and the board shall have approved, a petition for such closure or relocation; and

Whereas, Section 26 neither explicitly nor implicitly authorizes any such requirement of board approval for business office closure or relocation; and

Whereas, In enacting the Cable Television Act in 1972, the Legislature declared it to be the policy of this State to provide fair regulation of cable television companies, and set forth as the leading object of such regulation the promotion of "adequate, economical and efficient cable television service to the citizens and residents of this State"; and

Whereas, Testimony at the March 23, 2010 meeting of the Executive's Red Tape Review Group indicated that the cable television industry's compliance with the approval requirement has often involved a lengthy review process that saddles operators with the cost of leasing and staffing two office facilities while a closure or relocation petition is pending, a result that is neither fair to the operators nor an economical or efficient use of their resources; and

Whereas, It therefore appears that the approval requirement, being without statutory authorization and producing results that are in conflict with the stated policy of the Legislature in enacting the "Cable Television Act," is inconsistent with the legislative intent in enacting that statute; now, therefore

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The Legislature declares that, in the Board of Public Utilities' regulation concerning the maintenance by cable television companies of a local business office (N.J.A.C.14:18-5.1), the provision requiring closure or relocation of such offices to receive prior approval of the board is not consistent with Legislative intent.

 

     2.    A copy of this concurrent resolution, signed by the President of the Senate and the Speaker of the General Assembly and attested by the Secretary of the Senate and the Clerk of the General Assembly, shall be transmitted to the Governor and to the President of the Board of Public Utilities.

 

     3.  The Board of Public Utilities ¹[is advised that the failure of the board to amend or withdraw the regulation within 30 days in accordance with the legislative declaration of section 1 hereof may subject the rule to legislative invalidation] ,¹ pursuant to Article V, Section IV, paragraph 6 of the ¹[State]¹ Constitution ¹of the State of New Jersey, shall have 30 days following transmittal of this resolution to amend or withdraw the regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations in whole or in part¹.