New Jersey § 48:5a-25

§ 48:5a-25.

a. Municipal consents and certificates of approval for applications to provide cable

television services in a municipality issued prior to the effective date of P.L.2006, c. 83 (C.48: 5A-25.1 et al.) shall remain in effect until such time as they may expire

or until such time as the cable television company is granted a renewal of the franchise

as a municipal franchise or converts the franchise to a system-wide franchise. Except as may otherwise be provided by subsection b. of this section and section

30 of P.L.1972, c. 186 ( C.48:5A-30 ), both the municipality and the cable television company shall be bound by the terms

of the municipal consents and certificates of approval until such time as the municipal

consents and certificates of approval have been converted into a system-wide franchise. A cable television company with a municipal franchise or franchises issued prior

to the effective date of P.L.2006, c. 83 (C.48: 5A-25.1 et al.) may, if it wishes, automatically convert any or all such franchise

or franchises into a system-wide franchise upon notice to the board and the affected

municipality, but without the need for the consent of either the board or the affected

municipality and without regard to the requirements of P.L.2006, c. 83 ( C.48:5A-25.1 et al.) applicable to applications for such a franchise, except that the commitments

required pursuant to subsections h. through n. of section 28 of P.L.1972, c. 186 ( C.48:5A-28 ) shall be applicable to any or all such system-wide franchises and any failure of

a CATV company to abide by or conform its practices to such commitments shall be considered

a violation of the system-wide franchise and the board may enforce these provisions

through the imposition of monetary penalties under section 51 of P.L.1972, c. 186

( C.48:5A-51 ), or the suspension or revocation of the system-wide franchise, or it may seek to

renew such franchise or franchises as a municipal franchise or franchises pursuant

to the provisions of P.L.1972, c. 186 ( C.48:5A-1 et seq. ). Such conversion need not take place with respect to all municipalities at the same

time, but rather the cable television company may convert additional municipal franchises

and add affected municipalities to the service area covered by such system-wide franchise

at any time during the term of the system-wide franchise. b. If a cable television company is granted a system-wide franchise by the board pursuant

to the provisions of P.L.2006, c. 83 ( C.48:5A-25.1 et al.), the company shall be able thereafter to be issued a municipal franchise

or franchises and the renewal of a municipal franchise or franchises which had been

issued prior to the effective date of P.L.2006, c. 83 ( C.48:5A-25.1 et al.). Nothing herein shall preclude a municipality from enforcing its right-of-way management

powers on a reasonable and non- discriminatory basis , except that such powers shall not include the authority to impose any fees, taxes,

assessments or charges of any nature for the use of public rights-of-way by a CATV

company except as expressly provided by P.L.2006, c. 83 ( C.48:5A-25.1 et al.). The provisions of this subsection shall not be construed to relieve any cable television

company issued a system-wide franchise of its obligations to meet the requirements

of section 20 of P.L.2006, c. 83 ( C.48:5A-25.2 ).