N.J. Admin. Code § 14:18-16.8

Current through Register Vol. 56, No. 9, May 6, 2024

Section 14:18-16.8 - Violations

(a) In any enforcement action by the Office alleging non-compliance with any provision at N.J.S.A. 48:5A-1 et seq., N.J.A.C. 14:17, or this chapter, or Board order for which monetary penalties may be sought, the Office must provide a cable television operator written notice of the alleged violation within 90 days of becoming aware of it. Within 30 days of the issuance of the written notice of any alleged violation, the cable television operator must file an Answer, which, at a minimum, must include any documentation requested by the Office, including, but not limited to, explanation, mitigation, or evidence that no customers were harmed by such violation. The Office may, in its discretion, extend the time for the cable television company to respond up to 30 days. Upon notice of the failure to file a full and complete response inclusive of requested documentation within 30 days, or 60 days, if extended, staff may pursue an enforcement action as set forth in this section. In the event an operator fails to respond to the notice of alleged violation, the operator shall be deemed in default, and following notice to the operator and an opportunity to cure, Board staff may present a Notice of Probable Violation to the Board and seek the issuance of a Final Order of Penalty Assessment for an assessment of the maximum penalty pursuant to N.J.S.A. 48:5A-51, without further notice to the operator.

(b) For any offense involving an alleged notice or reporting violation, or any alleged violation where the company has demonstrated that it directly affects fewer than 25 customers, a 30-day notice and opportunity to cure shall be issued and if the alleged notice or reporting violation or alleged violation where the company has demonstrated that it directly affects fewer than 25 customers is cured within that time, the violation shall not be subject to a penalty. The notice and opportunity to cure may, but is not required to, be issued concurrently with the notice of alleged violation. No extension of the notice and opportunity to cure shall be granted. An alleged notice or reporting violation, or any alleged violation where the company has demonstrated that it directly affects fewer than 25 customers is ineligible for the foregoing 30-day notice and opportunity to cure provision where the Board determines that the alleged violator has demonstrated a pattern or practice of willful and repeated violations occurring within three years prior to the date of the written notice of the particular rule at issue.

(c) Any penalty that may be assessed pursuant to N.J.S.A. 48:5A-51 may be waived or compromised by the Board. Prior to assessing a penalty, the Board or the Office shall provide the cable television operator with a written explanation, with specificity, of the proposed penalty for each violation and the particular rules alleged to have been violated. The cable television operator may file a proposed offer of settlement with any response submitted to the written explanation of penalty.

(d) In determining the amount of penalty, if any, the Board and the Office shall consider:

1. The nature, circumstances, and gravity of the violation(s), including, but not limited to, the extent to which customers have been harmed, including the estimated number of customers affected by the alleged violation;

2. Any history of prior violations of that particular and specific rule within the past three years;

3. Any good faith effort by the operator to achieve compliance or cure the violation within a reasonable time period following notice;

4. Whether the violation was willful; and

5. Any other factors deemed relevant by the Office.

(e) Enforcement actions must be resolved within 180 days of the date of the written notice, except that the Office may extend the deadline up to an additional 90 days if additional time will serve the public interest. However, the time frame for completion of the enforcement action shall be inapplicable where a cable television operator fails to provide a response to the written notice within the 30-day time period, or 60-day period if extended, in (a) above. Any extension requested pursuant to (a) above will automatically extend the time frame for completion of an enforcement action by the equivalent number of the days of the extension.

(f) In assessing violations, the Board may not look back more than three years prior to the date of the written notice.

N.J. Admin. Code § 14:18-16.8

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

Amended by 54 N.J.R. 630(a), effective 4/4/2022