Bill Text: NJ S2145 | 2012-2013 | Regular Session | Introduced
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-Introduced.html
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator NELLIE POU
District 35 (Bergen and Passaic)
SYNOPSIS
Modifies certain notice requirements concerning rates, prices, or service packages of CATV companies.
CURRENT VERSION OF TEXT
As introduced.
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. The board through the office shall, consistent with federal law, prescribe just and reasonable rates, charges 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]. A CATV company shall make available for public inspection on its Internet website a schedule of the CATV company's rates, terms, and conditions.
b. The board shall from time to time cause the established rates and rate schedules of each CATV company for cable [TV] television reception service to be reviewed, and if upon such review it shall appear to the board that, under federal law, such rates, or any of them, are or may be excessive, unreasonable, unjustly discriminatory or unduly preferential, the board shall require the CATV company to establish to its satisfaction that such rates are just, reasonable and not excessive or unjustly preferential or discriminatory, and for such purpose 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 subscription rates charged by such company, and such amended schedule if approved by the board 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. No CATV company shall derive from the operations of cable television reception service or cable communications systems any revenues other than the fees, charges, rates and tariffs provided for in subsection a. of this section and in subsection g. of section 28 of this act.
e. Whenever pursuant to the provisions of P.L.1972, c.186 (C.48:5A-1 et seq.) the board or the director is required to determine whether any of the rates, charges, fees, tariffs and classifications of a CATV company are unjust, unreasonable, discriminatory 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 such use, and from which the CATV system derives revenue, directly or indirectly, and the effect thereof upon, the company's requirements for revenue from such fees, rates, charges, tariffs 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 subsection a. of this section, or any other law, rule, regulation, or order to the contrary, and consistent with federal law, the director shall not require any CATV company to provide, upon request, a copy of the company's schedule of prices, rates, charges, and services; to post a copy of the company's schedule of prices, rates, charges, and services in its local business office; or to provide customers or applicants for cable television reception service with an explanation in non-technical terms of the company's products and services offered, or the prices and provisions applicable to the services furnished or available to such customers or applicants, if the company provides such information in an electronic format on the company's Internet website in a manner that reasonably conveys the content of such notices, and that allows its customers and applicants to thereafter make informed decisions based on the information contained in such notices.
(2) Any CATV company that elects to provide notices on its Internet website pursuant to paragraph (1) of this subsection, in lieu of providing notices or explanations to its customers or applicants, or posting notices in its local business office, shall (a) offer the option to each of its customers to receive such notices or explanations in written form on at least an annual basis, and (b) provide such notices or explanations, upon request, to applicants who are unable to access the Internet or are otherwise unable to obtain information from the company's website via the Internet.
(cf: P.L.2006, c.83, s.8)
2. This act shall take effect immediately.
STATEMENT
This bill would require a cable television ("CATV") company to make available for public inspection on its Internet website a schedule of the companies rates, terms, and conditions rather than publishing tariffs as the Director of the Office of Cable Television ("director") may prescribe. The bill would further amend section 11 of P.L.1972, c.186 (C.48:5A-11) to provide, consistent with federal law, that the director shall not require any CATV company to provide copies of its schedule of prices, rates, charges, and services, to post copies of such schedules in its local business office, or to send non-technical explanations of service packages, rates, prices, and other relevant service provisions to its customers or applicants, if the company provides such information on its Internet website.
The bill would require any CATV company that uses its Internet website to make such notices or explanations available in lieu of sending them to customers in written form, or posting them in its local business office, to (1) offer the option to its customers to receive such notices or explanations in written form on at least an annual basis, and (2) provide such notices or explanations, upon request, to applicants who are unable to access the Internet or are otherwise unable to obtain information from the company's website via the Internet.
