New Jersey § 48:5a-11

§ 48:5a-11.

a. (1) The board , through the office , shall, consistent with federal law, prescribe just and reasonable rates, charges , and classifications for the services rendered by a CATV company . (2) On an annual basis, a CATV company shall electronically file, using any reasonable

means and format, a schedule of the CATV company's rates, terms, and conditions with

the board and, as applicable, electronically file with the board any specific changes

to the schedule of the CATV company's rates, terms, and conditions to the extent required

by State or federal law. b. The board shall , from time to time , cause the established rates and rate schedules of each CATV company for cable television reception service to be reviewed, and , if upon review , it shall appear to the board that, under federal law, the rates and rate schedules are or may be excessive, unreasonable, unjustly discriminatory , or unduly preferential, the board shall require the CATV company to establish to the board's satisfaction that the CATV company's rates are just, reasonable , and not excessive or unjustly preferential or discriminatory, and for that purpose , shall order the director to hold a hearing thereon. After a hearing upon notice and full opportunity to be heard afforded to the CATV

company, the director may recommend amendment of the schedule of cable television reception service rates charged by that CATV company, and the amended schedule , if approved by the board , shall supersede and replace the schedule so amended. c. Any hearing held pursuant to this section shall be open to the public, and notice

thereof shall be published by the CATV company at least 10 days prior thereto in a newspaper or newspapers of general circulation

in the certificated area wherein the rate schedule which is the subject of the hearing

applies. Every municipality may intervene in any hearing held by the director pursuant to

this section affecting the municipality or the public within the municipality. d. A CATV company shall not derive from the operations of cable television reception service or cable communications

systems any revenues other than the fees, charges, and rates provided for in subsection a. of this section and in subsection g. of section 28

of P.L.1972, c. 186 ( C.48:5A-28 ) . e. Whenever , pursuant to the provisions of P.L.1972, c. 186 ( C.48:5A-1 et seq. ) , the board or the director is required to determine whether any of the rates, charges,

fees, and classifications of a CATV company are unjust, unreasonable, discriminatory , or unduly preferential, there shall be taken into consideration any fees which are

charged for the use of a CATV system, or part thereof, as an advertising medium, or

for services ancillary to that use, and from which the CATV system derives revenue, directly or indirectly, and

the effect thereof upon, the CATV company's requirements for revenue from the fees, rates, charges, and classifications subject to the provisions of this section. f. The provisions of this section shall not apply in any area where there is effective

competition as that term is used in 47 U.S.C. s.543 . g. (1) Notwithstanding the provisions of this section, or any other law, rule, regulation,

or order to the contrary, and consistent with federal law, the director shall not

require a CATV company to: (a) provide subscribers with a copy of the CATV company's

schedule of prices, rates, charges, and services; (b) post a copy of the CATV company's

schedule of prices, rates, charges, and services in its local business office; or

(c) provide subscribers or applicants for cable television reception service with

an explanation, in non-technical terms, of the CATV company's products and services

offered, or the prices, rates, charges, and provisions applicable to the services

furnished or available to those subscribers or applicants, if the CATV company provides

currently available prices, rates, charges, and services in an electronic format on

the CATV company's Internet website in a clear, concise, and readily accessible manner,

using any reasonable means and format, that accurately conveys the content of the

CATV company's notices, and that allows its subscribers and applicants to thereafter

make informed decisions based on the information contained in the postings on the

CATV company's Internet website. (2) A CATV company that elects to provide notices on the CATV company's Internet website

pursuant to paragraph (1) of this subsection, in lieu of providing notices or explanations

to subscribers or applicants, or posting notices in its local business office, shall:

(a) provide an explanation to each of the CATV company's subscribers on their bill

periodically, though not less than quarterly, of how subscribers are to obtain in

written and electronic form the CATV company's currently available prices, rates,

charges, and services; and (b) provide the CATV company's currently available prices,

rates, charges, and services, upon request, to each of the CATV company's subscribers

and applicants who are unable to access the Internet or are otherwise unable to obtain

information from the CATV company's website via the Internet. Nothing in this section shall be construed to modify or expand a CATV company's

existing obligations to provide information to the board under any other section of

Title 48 of the Revised Statutes, to the extent that those obligations do not conflict

with this section.