N.J. Admin. Code § 14:17-6.8

Current through Register Vol. 56, No. 12, June 17, 2024

Section 14:17-6.8 - Petitions for approval of the transfer of certificates of approval or system-wide franchise

(a) Petitions for approval of the transfer of certificates of approval or system-wide franchise shall conform to the requirements of N.J.A.C. 14:17-4 and 6.1 through 6.4, to the extent applicable and shall in the body thereof, or in the attached exhibits, also provide the following information:

1. If petition is for approval of the transfer of certificates of approval, evidence by affidavit from both parties that a copy of each certificate has been provided by transferor and that transferee has received said documents;

2. If petition is for approval of the transfer of certificates of approval, evidence by affidavit from both parties that a copy of each municipal consent has been provided by transferor and that transferee has received said documents;

3. If petition is for approval of the transfer of system-wide franchise, a copy of the system-wide franchise or a copy of the order memorializing the conversion to a system-wide franchise issued by the Board;

4. A map showing current service being supplied;

5. The names of all cable television companies operating in areas contiguous to that served by transferor under the certificate of approval or system-wide franchise involved in the application under this section;

6. The current schedule of prices, rates, terms and conditions charged for the service involved;

7. The names of the officers of the transferee or the names of its owners or partners, and the extent of their interest;

8. A copy of the assignment, contract, lease or other agreement by which the transfer is proposed to be made;

9. Affidavits by the transferor and the transferee as to the existence of any judgments, tax claims, of Federal, State, municipal governments or liens against the transferor or property, or equipment involved in, or associated with the proposed transfer;

10. A statement of the financial condition of the transferee and of its technical qualifications to operate and maintain the cable television operation and to provide safe, adequate and proper service;

11. If petition is for transfer of certificates of approval, evidence by affidavit from the existing cable television operator that all commitments contained in the current certificate of approval(s), municipal consent ordinance(s) and application(s) for municipal consent have been completed. If the commitments have not been met, the cable television operator must provide the status of the project in question;

12. If petition is for transfer of a system-wide franchise, evidence that all commitments contained in the current system-wide franchise have been completed. If the commitments have not been met, the cable television operator must provide the status of the project in question; and

13. Proof of service of notice of the proposed transfer to subscribers by way of bill insert or by publication in at least one newspaper circulated in the cable television company's service area.

(b) Proof of service of notice of the proposed transfer to all the electric and telephone utilities serving the area, and upon all cable television companies referred to in (a)4 above shall be included with the petition.

(c) Proof of service of notice of the proposed transfer to the clerk of each municipality being served by the cable television company shall be included with the petition.

(d) Proof of service of notice of the proposed transfer to all the other owners or managers of the public rights-of-way shall be included with the petition.

(e) For purposes of this section, proof of service of notice shall include a copy of the notice and certification of service upon the indicated party.

N.J. Admin. Code § 14:17-6.8

Amended by R.1985 d.449, effective 9/3/1985.
See: 17 N.J.R. 1062(b), 17 N.J.R. 2142(b).
(a)10 amended to expand notice requirements.
Amended by R.1989 d.266, effective 5/15/1989.
See: 21 N.J.R. 440(a), 21 N.J.R. 1374(a).
Requirement for proof of service added.
Amended by R.1994 d.194, effective 4/18/1994.
See: 26 N.J.R. 96(a), 26 N.J.R. 1683(a).
Amended by R.1999 d.108, effective 4/5/1999.
See: 30 N.J.R. 4131(a), 31 N.J.R. 898(a).
In (a), rewrote 1, 2 and 10; inserted new (b); recodified former (b) as (c); and added new (d) and (e).
Amended by R.2004 d.281, effective 7/19/2004.
See: 36 N.J.R. 641(a), 36 N.J.R. 3409(a).
In (a), inserted "a copy of" preceding "each certificate" in 1 and "each municipal consent" in 2.
Amended by R.2009 d.337, effective 11/16/2009.
See: 41 N.J.R. 2222(a), 41 N.J.R. 4308(c).
Section was "Petitions for approval of the transfer of certificates of approval". Rewrote (a).