New Jersey § 48:3-9

§ 48:3-9.

a. Except as otherwise provided by subsection b. of this section, no public utility shall, unless it shall have first obtained authority from the board

so to do: (1) Issue any stocks, or any bonds, notes , or other evidence of indebtedness payable more than 12 months after the date or dates

thereof, or extend or renew any bond, note , or any other evidence of indebtedness so that any extension or renewal thereof shall

be payable later than 12 months after the date of the original instrument ; or (2) Permit any demand note to remain unpaid for a period of more than 12 months after

the date thereof. The board shall approve any such proposed issue, with or without hearing at its discretion,

when satisfied that such issue is to be made in accordance with law and the purpose

thereof is approved by the board. The provisions of this subsection shall not apply to any public utility operating, managing , or controlling a railroad or a railway express which is subject to the rules and

regulations from time to time issued by the federal Surface Transportation Board or any successor agency . The provisions of this subsection shall not apply to autobus public utilities under the jurisdiction of the Department

of Transportation. The provisions of this subsection shall not apply to any solid waste collector as defined in section 3 of P.L.1970,

c. 40 ( C.48:13A-3 ). The provisions of this subsection shall not apply to any privately-owned sanitary landfill facility as defined in section

3 of P.L.2003, c. 169 ( C.48:13A-7.26 ). b. Nothing herein shall require the review or approval by the board of any parent

or affiliate corporation of a telecommunications company if such parent or affiliate

corporation seeks to issue any stocks, bonds, notes, or other evidence of indebtedness

payable more than 12 months after the date or dates thereof, or to extend or renew

any bond, note, or other evidence of indebtedness so that any extension or renewal

thereof shall be payable later than 12 months after the date of the original instrument,

or to permit any demand note to remain unpaid for a period of more than 12 months

after the date thereof, if the parent or affiliate corporation of the telecommunications

company which seeks to engage in any of the aforementioned transactions does not itself

provide regulated telecommunications services over a telecommunications network or

telephone access line service, but does directly or through one or more affiliates

own a controlling interest in a telecommunications network or does otherwise control

or exercise responsibility for, through any arrangement, the management and operation

of such a telecommunications network, or owns a controlling interest in a telecommunications

company that provides regulated telecommunications service or telephone access line

service.