N.J. Admin. Code § 14:18-6.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 14:18-6.7 - Complaint recording and reporting

(a) Each cable television company shall keep, for at least a period of three years beyond the close of the calendar year of the report in (g) below, a record of all complaints received at its offices, which shall include the name and address of the customer, the date, the nature of the complaint, any corrective action taken, and the final disposition of the complaint.

(b) Each cable television company shall seek, collect and document consent from each customer for the release of personally identifiable information, as defined by 48:5A-55(d), to the Board and to the Office, as follows:

1. Upon a new request for service, the cable television company shall provide an initial written notice seeking the customer consent required under this subsection. Such consent shall be confirmed in writing;

2. At least once per calendar year, the cable television company shall notify customers that the customer may provide the consent required above. The notice may be given through a bill insert, bill notice, direct first class mailing or through another manner if specifically directed by the Board. This notice shall, at a minimum, provide the customer with a method of responding to the cable television company so that consent can be recorded and retained by the cable television company. The method of response may be in either a physical or electronic format;

3. The cable television company shall obtain the approval of the Office for the written initial and annual notices required under this subsection prior to sending the notice to customers; and

4. A refusal on the part of a customer to provide consent does not release the cable television company from the requirements for recording, retaining and reporting all complaints received in accordance with this section, except as provided in (d) and (e) below.

(c) The cable television company shall make all complaint records available at any time for inspection by the staff of the Board or the Office.

(d) All complaint records available for inspection, which involve a customer for whom the cable television company has obtained release of personally identifiable information, shall contain said personally identifiable information. If a complaint record involves a customer for whom the cable television company has not obtained release of personally identifiable information, the cable television company shall redact that information prior to inspection under (c) above.

(e) The cable television company shall provide copies of all complaint records to the staff of the Board or Office upon request. All complaint records so provided, which involve a customer for whom the cable television operator has obtained release of personally identifiable information, shall contain said personally identifiable information. If a complaint record involves a customer for whom the cable television operator has not obtained release of personally identifiable information, the cable television company shall redact that information prior to providing the copy.

(f) The Board may order a cable television company to utilize other methods, as necessary, to:

1. Ensure that customers are provided with adequate opportunity to provide consent for the release of personally identifiable information to the Board and the Office; and/or

2. Ensure that the Board receives the information described under (a) above.

(g) Each cable television company shall furnish to the Office annually, on or before January 31, a detailed report of the number and character of complaints made by customers and communicated to the cable television company during the previous year. This report shall be submitted on a form prescribed by the Director, which shall use a uniform reporting methodology and shall require information containing those matters as the Office may from time to time prescribe.

(h) All reports submitted to the Office shall comply with the State's Cable Subscriber Privacy Protection Act, 48:5A-54 et seq. and the Federal Protection of Subscriber Policy, 47 U.S.C. § 551.

(i) The Office shall forward copies of the reports required under (g) above to the Governor and members of the Legislature by the Office within 30 days of receipt of the reports.

N.J. Admin. Code § 14:18-6.7

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