New Jersey § 48:5a-25

§ 48:5a-25.

a. As part of any system-wide franchise issued by the board pursuant to P.L.1972,

c. 186 ( C.48:5A-1 et seq. ), a CATV company shall be required to: (1) begin providing cable television service on a commercial basis, within three years

of issuance of the system-wide franchise, in: (a) each county seat that is within the CATV company's service area; and (b) each municipality within the CATV company's service area that has a population

density greater than 7,111 persons per square mile of land area, as determined by

the most recent federal decennial census prior to the enactment of P.L.2006, c. 83 ( C.48:5A-25.1 et al.). The requirements of this paragraph shall only apply to CATV companies that on the

date of the issuance of the system-wide franchise provide more than 40 percent of

the local exchange telephone service market in this State; (2) make cable television service available throughout the residential areas of any

such municipalities within six years of the date the CATV company first provides cable

television service on a commercial basis directly to multiple subscribers within such

central office area, subject to the CATV company's line extension policy; provided,

however, that such provision of service shall not be required in: (a) areas where

developments or buildings are subject to claimed exclusive arrangements with other

CATV companies; (b) developments or buildings that the CATV company cannot access,

using its standard technical solutions, under commercially reasonable terms and conditions

after good faith negotiation; or (c) areas in which the CATV company is unable to

access the public rights-of-way under reasonable terms and conditions. The requirements of this paragraph shall only apply to CATV companies that on the

date of the issuance of the system-wide franchise provide more than 40 percent of

the local exchange telephone service market in this State. As used in this subsection, “central office” has the same meaning as that term is

defined in 47 C.F.R. Part 36, Appendix, and “ central office area ” means the towns or portions of towns served by such central office; (3) provide service within the CATV company's service area where cable television

service is being offered, without discrimination against any group of potential residential

cable subscribers because of the income levels of the residents of the local area

in which such groups reside; and (4) fully complete a system capable of providing cable television service to all households

within the CATV company's service area where cable television service is being offered,

subject to the CATV company's line extension policy and the provisions of paragraphs

(1) through (3) of this subsection. b. Any person affected by the requirements of subsection a. of this section may seek

enforcement of such requirements by initiating a proceeding with the board. As used in this section, an affected person includes a municipality within which

the potential residential subscribers referred to in subsection a. of this section

reside. c. If the board determines that a CATV company has denied access to cable television

service to a group of potential residential subscribers because of the income levels

of the residents of the local area in which such group resides or has failed to meet

the requirements of paragraph (2) of subsection a. of this section, the board is authorized

to, after conducting a hearing with full notice and opportunity to be heard, impose

monetary penalties of not less than $50,000, nor more than $100,000 per municipality,

not to exceed a total of $3,650,000 per year for all violations. A municipality in which the provider offers cable television service shall be an

appropriate party in any such proceeding. d. The board shall convene proceedings within 36 months after the grant of the first

issued system-wide franchise to examine the effects of the entry of system-wide franchisees

into the State's cable television market, and shall, within six months of convening

such proceedings, report to the Legislature on the following: (1) the extent of actual

deployment of cable service by each system-wide franchisee, including the income and

race of persons in the areas where such facilities were deployed; (2) the franchisee's

effect on choice in the marketplace; and (3) the effect that introduction of system-wide

competitors has had on consumers. The study shall be transmitted to the Governor, the President of the Senate, the

Speaker of the General Assembly, the Minority Leader of the Senate, the Minority Leader

of the General Assembly, and the members of the Senate Economic Growth Committee and

the Assembly Telecommunications and Utilities Committee, or their respective successor

committees.