N.J. Admin. Code § 14:18-3.17
Current through Register Vol. 56, No. 24, December 18, 2024
Section 14:18-3.17 - Notice of alteration in channel allocation(a) Each cable television company shall file with the Office notice of an alteration in channel allocation at least 30 days prior to the effective date for deletions or cutbacks in other services. If the change results from circumstances outside of the cable operator's control (including failed retransmission consent or program carriage negotiations during the last 30 days of a contract), notice shall be provided as soon as possible. For alterations in channel allocation for new additions, the cable television operator must provide electronic notice to the Office within 10 days of the effective date. Annually, no later than January 31 of every year, each cable television company shall electronically file with the Office a current channel lineup.(b) Each cable television company shall notify its customers of an alteration in channel allocation for deletions or cutbacks in services at least 30 days prior to the effective date. If the change results from circumstances outside of the cable operator's control (including failed re-transmission consent or program carriage negotiations during the last 30 days of a contract), such notice shall be provided as soon as possible. Such notice may be provided using any reasonable written means in accordance with 47 CFR 76.1600 and 76.1603(b) and not inconsistent with any other applicable Federal or State statute.(c) Each cable television company shall notify affected municipalities of an alteration in channel allocation for public, educational, and/or governmental access channels within 10 days of the effective date for new additions, and at least 30 days prior to the effective date of a change in channel location or deletion in a manner reasonably calculated to provide such information.(d) For alterations in channel allocation for deletions or cutbacks not within the exclusive control of the cable television operator, no additional information shall be required and the Office shall consider the cable television operator in compliance with the notice obligations where: 1. The cable television operator provides telephonic or electronic notice of the risk of alteration to the Office no less than 24 hours prior to the deletion or cutback, and notice is provided to customers as soon as practical in a manner consistent with 47 CFR 76.1600 and 47 CFR 76.1603(b);2. The cable television operator has acted to provide the required notice at the earliest practical date and either reasonably believes that timely compliance with this subsection might subject the cable television operator to penalties under State, Federal, or local law or that a substantial benefit to customers would be irretrievably lost; or3. In any other circumstance not enumerated in this subsection, upon a showing by the cable television operator that there is good cause and measures were taken to notify customers as soon as practical. (e) A change in the way that a broadcast station or cable network identifies or brands itself or presents its programming shall not constitute a change in channel allocation for purposes of this provision.N.J. Admin. Code § 14:18-3.17
Amended by 46 N.J.R. 2165(a), effective 11/3/2014.Amended by 54 N.J.R. 630(a), effective 4/4/2022