ASSEMBLY, No. 1426
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 5, 1996
By Assemblyman DALTON
An Act concerning cable television franchises and amending P.L.1972, c.186.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 19 of P.L.1972, c.186 (C.48:5A-19) is amended to read as follows:
19. A certificate of approval issued by the board shall be nontransferable, except by consent of the board; shall specify the area to which it applies and the municipal consents upon which it is based, and shall be valid for 15 years from the date of issuance or until the expiration, revocation, termination or renegotiation of any municipal consent upon which it is based, whichever is sooner. But amendment of the terms of a municipal consent by mutual consent and in conformity with the procedures specified in this act during the term for which it was issued shall not require the issuance of a new certificate of approval. [A CATV company holding a certificate based upon a municipal consent with a provision for automatic renewal for a term not exceeding 10 years beyond its expiration date shall be entitled to automatic reissuance of a certificate for such term, unless it shall forfeit such entitlement by violation of any terms of this act, regulations issued pursuant thereto, or by the terms of the municipal consent.]
(cf: P.L.1972, c.186, s.19)
2. Section 25 of P.L.1972 c.186 (C.48:5A-25) is amended to read as follows:
25. A municipal consent issued pursuant to this act shall conform in form and substance to all requirements of this act and of rules, regulations and orders duly promulgated by the director. It shall specify with particularity the territory to which it applies, and the term for which it is issued. Such term shall not exceed 15 years [; but provision may be included for automatic renewal at the expiration thereof for an additional term not exceeding 10 years unless either the municipality or the company shall not later than 60 days before the expiration of the initial term serve upon the other party notice of its intention not to accept such renewal]. No CATV company whose municipal consent or renewal thereof has expired shall be authorized to continue its operations unless prior to such expiration it has obtained a certificate of approval from the board authorizing such continued operation, except that such a CATV company which has initiated proceedings to obtain such certification from the board prior to the expiration of the municipal consent may continue its operations pending the final disposition of such proceedings.
(cf: P.L.1972, c.186, s.25)
3. This act shall take effect immediately.
STATEMENT
This bill amends the State "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) to remove authorization for automatic renewal of cable franchises.
Current law authorizes an automatic renewal of a franchise for a term not exceeding 10 years beyond its expiration date. When such a provision exists current law directs the automatic reissuance of a certificate of approval by the Office of Cable Television. This bill would remove authorization for automatic renewal provisions and all franchise renewals would be required to go through renewal proceedings as proscribed in federal law, 47 U.S.C.A.§546.
Removes authorization for automatic renewal provisions in cable television franchises.