N.J. Admin. Code § 14:10-11.10

Current through Register Vol. 56, No. 24, December 18, 2024

Section 14:10-11.10 - Enforcement

(a) TSPs shall adhere to a standard of due care when submitting and processing switches of primary TSPs. Adherence to this standard means that the TSP has taken all reasonable steps necessary to ensure compliance with this subchapter. There shall be a rebuttable presumption that any violation of this standard is "willful or intentional." The burden of proof shall be upon the submitting or executing TSP to rebut the presumption.

(b) Any TSP determined by the Board, after notice and hearing, to have violated this subchapter, or a Board order adopted pursuant to N.J.S.A. 56:8-1 et seq., or to have violated any Federal law or regulation, relating to switches in primary telecommunications service providers, shall be subject to the following, as applicable:

1. Suspension or revocation of the TSP's authority to conduct business in the State;

2. Civil penalties within the following ranges:

i. Up to $ 7,500 for the first violation; and

ii. Up to $ 15,000 per violation for each subsequent violation associated with a specific access line; and/or

3. Such other remedies, including, but not limited to, the ordering of restitution to customers as the Board deems appropriate.

(c) In the event the State owes money to the TSP, the amount of the penalty, when finally determined, may be deducted from any sums due and owing.

(d) All monies recovered from a civil or administrative penalty imposed pursuant to this section shall be paid into the State Treasury to the credit of the General Fund.

(e) In the event that the Board suspends or revokes the authority of a TSP to conduct business in this State, the TSP which controls access, and/or the TSP responsible for call completion, shall immediately discontinue the revoked TSP's access to the facilities of any underlying TSP, and the TSP responsible for billing the customers of the revoked TSP shall notify each affected customer, advising that each customer has 30 days to choose another TSP.

(f) The Board may investigate, upon its own initiative or upon complaint, any allegation of a violation of this subchapter.

(g) The Board may compel the attendance of witnesses, compel the production of documents, and issue subpoenas in connection with any investigation of an alleged violation of this subchapter.

(h) The remedies provided for in this subchapter are in addition to any other remedies available under any Board order, rule, or finding; and in addition to remedies provided by any other applicable law.

N.J. Admin. Code § 14:10-11.10

Recodified from N.J.A.C. 14:10-11.8 and amended by R.2007 d.276, effective 9/17/2007.
See: 38 N.J.R. 3250(a), 39 N.J.R. 3953(a).
Section was "Penalties for violations". Rewrote the section.