Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Requires cable television, direct broadcast satellite, and television streaming service companies to include certain fees and charges for service in advertised price to consumers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain price advertising and supplementing P.L.1972, c.186 (C.48:5A-1 et seq.) and Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A CATV company shall not advertise its price for CATV service to a consumer in this State unless the advertised price is the total billable amount that the CATV company will charge to a consumer for the provision of CATV service based on the minimum equipment necessary per television set to receive and operate the CATV service that is being advertised.
b. A price advertised to a consumer shall include, but not be limited to, any broadcast programming fee, administrative and service fee, regional sports network fee, or cable television equipment fee per television set, including set-top box and remote rental fee.
c. The provisions of subsection a. of this section shall not require a CATV company to include in its advertised price for CATV service to a consumer in this State any tax, fee, or other charge that, pursuant to federal or State law, the CATV company is required to charge to a consumer and, pursuant to federal law, may itemize on a bill for CATV service; however, a CATV company shall indicate with its advertised price to consumers that federal or State taxes, fees, or other charges may apply.
2. a. A direct broadcast satellite service company or television streaming service company doing business in this State shall not advertise a price for television service to a consumer in this State unless the advertised price is the total billable amount that the company will charge to a consumer for the provision of the television service based on the minimum equipment necessary per television set to receive and operate the service that is being advertised.
b. A price advertised to a consumer shall include, but not be limited to, any broadcast programming fee, administrative and service fee, regional sports network fee, or television equipment fee per television set, including set-top box and remote rental fee, if applicable.
c. The provisions of subsection a. of this section shall not require a direct broadcast satellite service company or a television streaming service company to include in its advertised price for television service to a consumer in this State any tax, fee, or other charge that, pursuant to federal or State law, the company is required to charge to a consumer and, pursuant to federal law, may itemize on a bill for service; however, a direct broadcast satellite service company or a television streaming service company shall indicate with its advertised price to consumers that federal or State taxes, fees, or other charges may apply.
c. As used in this section:
“Direct broadcast satellite service” shall have the same meaning as provided in section 1 of P.L.2019, c.188 (C.56:12-99).
“Television streaming service” means a service that transmits over the Internet video content that is played continuously without download and whose provider charges a fee to consumers in this State.
3. A violation of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be an unlawful practice and violation of P.L.1960, c.39 (C.56:8-1 et seq.).
4. This act shall take effect immediately, but shall remain inoperative for 60 days following the date of enactment.
STATEMENT
This bill prohibits cable television (CATV), direct broadcast satellite, and television streaming service companies from advertising prices for television service to a consumer in this State unless the advertised price is the total billable amount that the company will charge to a consumer for the provision of television service based on the minimum equipment necessary per television set to receive and operate the television service that is being advertised. A price advertised to a consumer is to include, but not be limited to, any broadcast programming fee, administrative and service fee, any regional sports network fee, and television equipment fee per television set, including set-top box and remote rental fee, if applicable. A CATV company, direct broadcast satellite company, or television streaming service company is not required to include in its advertised price for CATV service to a consumer in this State any tax, fee, or other charge that, pursuant to federal or State law, the CATV company is required to charge to a consumer and, pursuant to federal law, may itemize on a bill; however, a CATV company, direct broadcast satellite company, or television streaming service company is to indicate with its advertised price to consumers that federal or State taxes, fees, or other charges may apply.
A violation of the provisions of section 2 of the bill is an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.). An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.