New Jersey § 48:5a-10

§ 48:5a-10.

The director with the approval of the board shall establish, consistent with federal law, for the purpose of assuring safe, adequate and proper cable television service, after

hearing in accordance with the “ Administrative Procedure Act ,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ), rules and regulations governing: a. Technical standards of performance for CATV systems and the equipment and facilities

thereof, including standards of maintenance and safety, not inconsistent with applicable

Federal regulations ; b. The prohibition and prevention of the imposition of any unjust or unreasonable,

unjustly discriminatory or unduly preferential individual or joint rate, charge or

schedule for any service supplied or rendered by a CATV company within this State,

or the adoption or imposition of any unjust or unreasonable classification in the

making or as the basis of any individual or joint rate, charge or schedule for any

service rendered by a CATV company within this State ; c. Requirements for the reasonably prompt and complete exercise of the rights conferred

by any certificate, subject to revocation thereof or other penalty provided under P.L.1972, c. 186 ( C.48:5A-1 et seq. ) ; d. Procedures and forms for the application by a CATV company for municipal consents or for a franchise required under P.L.1972, c. 186 ( C.48:5A-1 et seq. ) ; e. Procedures and forms for review by the director of municipal consents or franchises issued pursuant to the provisions of P.L.1972, c. 186 ( C.48:5A-1 et seq. ) ; f. Procedures and forms for the application by CATV companies to municipalities for

amendment of rates or other terms and conditions of municipal consents or franchises and, for the review by the director of the terms of such amendments, and for the

resolution by the director of disputes between municipalities and CATV companies over

such applications; g. Procedures and forms for submission to and resolution by the director of complaints

or disputes by or between CATV companies, municipalities or citizens regarding proper

compliance with the implementation of the provisions of P.L.1972, c. 186 ( C.48:5A-1 et seq. ) or the rules and regulations made or municipal consents or franchises issued pursuant to P.L.1972, c. 186 ( C.48:5A-1 et seq. ) ; provided, however, that, notwithstanding the foregoing provisions of this section

or any of the provisions of P.L.1972, c. 186 ( C.48:5A-1 et seq. ) , it is the intent of P.L.1972, c. 186 ( C.48:5A-1 et seq. ) that all the provisions, regulations and requirements imposed by or pursuant to P.L.1972, c. 186 ( C.48:5A-1 et seq. ) shall be operative only to the extent that the same are not in conflict with the

laws of the United States or with any rules, regulations or orders adopted, issued

or promulgated pursuant thereto by any Federal regulatory body having jurisdiction. No requirement, regulation, term, condition, limitation or provision imposed by

or pursuant to P.L.1972, c. 186 ( C.48:5A-1 et seq. ) which is contrary to or inconsistent with any such Federal law, regulation or order

now or hereafter adopted shall be enforced by the director or shall be authority for

the granting, denial, amendment or limitation of any municipal consent or certificate

of approval which may be applied for or issued under the terms of P.L.1972, c. 186 (C.48:5A-1 et seq.) . The board through the office is hereby empowered and directed to cooperate with any

Federal regulatory agency in the enforcement within this State of all Federal laws,

rules, regulations and orders relating to CATV systems and CATV companies, and therein

to act as agent for such Federal regulatory body to the extent authorized by or pursuant

to Federal law, and to enter into agreements for said purpose.