Sponsored by:
Senator PETER J. BARNES, III
District 18 (Middlesex)
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
Introduced Pending Technical Review by Legislative Counsel
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 such service tier no later than 30 days prior to such change or 30 days after the cable television company first knows of such change.
b. The company shall give such notice to each affected subscriber by:
(1) mailing 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 this act, elects in writing, by telephone or in person, no later than 30 days after receiving such notice, to have such premium service tier terminated or downgraded, such subscriber may demand:
a. a credit for all installation, upgrade, and other one-time charges, as applicable, relating to such premium service tier, that were imposed on such 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 such cable television service or subscription tier or level affected by a premium service tier network or programming change, provided however, that such credit shall be limited to the prorated amount already paid for the period following the date of such 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 companies to notify each subscriber who receives premium service tier programming of any network or programming change to such service tier no later than 30 days prior to such change or 30 days after the cable television company first knows of such change. Such notice shall be given by: 1) the mailing of 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 such written notice to elect in writing, by telephone or in person, no later than 30 days after receiving such notice, to have such service tier terminated or downgraded, and to demand that the cable company issue a credit to the subscriber for: 1) all installation, upgrade, and other one-time charges, as applicable, relating to such 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 such cable television service or subscription tier or level affected by the network or programming change, provided however, that such credit shall be limited to the prorated amount already paid for the period following the date of such network or programming change.