N.J. Admin. Code § 14:18-3.5

Current through Register Vol. 56, No. 8, April 15, 2024

Section 14:18-3.5 - Outage credit

(a) The cable television operator shall credit customers for outages as follows:

1. In the event of an outage lasting six or more hours, the cable television company shall make an appropriate credit on the customer's bill.

2. The amount of credit shall be in one-day units, prorated on the basis of the customer's monthly rate for each service not available.

3. For outages, which extend more than 24 hours, customers shall receive a credit for each calendar day or part thereof if greater than six hours, during which service is out.

4. The cable television company shall not be liable to a customer for any indirect or consequential damages resulting from the outage unless the cable television company expressly agrees to such liability.

5. In order to obtain a credit, customers must notify the cable television company by phone or in writing within 30 days of any such outage, or else within 30 days notify the Office or other designated complaint officer. A customer who contacts the cable television company during an outage requesting a credit shall be entitled to receive credit for service based on that contact, if applicable.

6. A cable television company may, at its option, provide a customer with a rebate rather than a credit on the customer's bill to fulfill the requirements of this subsection.

7. In lieu of credit or rebate, a cable television company may offer to provide a customer an alternate form of compensation for the outage. Nothing in this paragraph shall require a customer to accept an alternate form of compensation from the cable television company.

8. A customer that agrees to take a free promotional service in lieu of credit or rebate must affirmatively request to continue the promotion after the free period is over. No cable television company shall continue to charge a customer for a free promotional service provided in lieu of an outage credit or rebate after the promotional period is over, unless the customer requests that it be continued.

(b) A cable television company shall not be required to provide a credit or rebate under (a) above if:

1. The cable television company can demonstrate that restoration of service was not possible within the six-hour period due to factors beyond the reasonable control of their company; and

2. If service is restored within six hours after the restoration of service becomes possible.

(c) Any cable television company may petition the Board for a waiver of providing credit required by (a) above in the event it can clearly demonstrate that such credits would create an undue hardship on the cable television company.

(d) In instances where a customer is without cable television service for at least 24 hours, and the loss of the service is not the result of an outage, the cable television company shall credit or rebate, at the cable television company's option, the customer for one day unit for each 24-hour period in which the customer was without service. No cable television company shall be required to provide a customer with a rebate or credit if the loss of service was caused by an act on the part of the customer requesting such a credit or rebate.

(e) Intermittent or cumulative service interruptions and other service related complaints are to be analyzed in accordance with the complaint procedure pursuant to 14:17-6.5.

(f) Each cable television company shall quarterly inform its customers of the procedures by which a customer may obtain a credit.

1. If a cable television company provides information in an electronic format on its Internet website in a manner that reasonably conveys the content of the periodic written outage credit notices, and which allows its customers to make informed decisions concerning compensation for service outages, it shall not be required to provide quarterly outage credit notice to customers.

2. A cable television company that provides electronic notice on its Internet website shall offer each existing and every new customer the option to receive periodic outage credit notices in written form on at least an annual basis.

N.J. Admin. Code § 14:18-3.5

Amended by 46 N.J.R. 2165(a), effective 11/3/2014.