N.J. Admin. Code § 14:18-15.3

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

Section 14:18-15.3 - Relief from deployment requirements

(a) A cable television company operating under a system-wide franchise that is a local exchange carrier that serves more than 40 percent of the local exchange telephone market in the State must file with the Board if it believes it cannot deploy service as required under N.J.A.C. 14:18-15.2, within 30 days of the date it makes a determination, for one or more of the following reasons:

1. The cable television company, operating under a system-wide franchise, cannot access a development or building because of a claimed exclusive arrangement with another cable television company;

2. The cable television company, operating under a system-wide franchise, cannot access a development or building using its standard technical solutions, under commercially reasonable terms and conditions after good faith negotiation; or

3. The cable television company, operating under a system-wide franchise, cannot access the public rights-of-way under reasonable terms and conditions.

(b) If such a cable television company as described in (a) above believes it cannot deploy service for one or more of the reasons listed in (a)1 through 3 above, it shall provide documentation to the Board, which shall include a thorough description of the reason or reasons supporting such invocation.

(c) A copy of any such filing from a cable television company operating under a system-wide franchise claiming relief from its deployment requirements as described in (a) above, shall be provided to the Department of Public Advocate and the Division of Rate Counsel at the same time as it is filed with the Board and by the same method of service.

(d) As used in this section, the Board provides the following guidance regarding the meaning of the terms contained in N.J.S.A. 48:5A-25.2 and listed below:

1. "Claimed exclusive arrangement" retains its usual and standard meaning, and includes, but is not limited to, assertions made by owners or operators of multiple unit dwelling facilities that a cable television operator is forbidden or otherwise not allowed to provide service based upon a valid contract or other agreement or limitation, which contract, agreement, or limitation is not in violation of N.J.S.A. 48:5A-49. Any contract or other agreement or limitation that is in violation of N.J.S.A. 48:5A-49 may not serve as a foundation for a valid claimed exclusive agreement.

2. "Commercially reasonable terms and conditions" retains its usual and standard meaning, and within that context includes, but is not limited to, issues associated with pricing and availability or restrictions on costs, remediation, installation, sharing of services and other elements of access and the impact upon rates, costs and reasonable rates-of-return.

3. "Good faith negotiation" retains its usual and standard meaning, and within that context includes, but is not limited to, open, honest and fair discussions between parties capable and willing to reach a mutually beneficial agreement. Failure to agree is not, in and of itself, an example of negotiation in bad faith.

4. "Reasonable terms and conditions" retains its usual and standard meaning, and within that context includes, but is not limited to, issues associated with pricing and availability or restrictions on costs, remediation, installation, sharing of services and other elements of access.

5. "Standard technical solutions" retains its usual and standard meaning, and within that context includes, but is not limited to, current commercially-available methods or products for provision of service in a video network.

N.J. Admin. Code § 14:18-15.3

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