Requires certain CATV companies to provide Internet service at public libraries with business customer class Internet access bandwidth and circuit capacity proportional to public libraries' needs.

A1033

ASSEMBLY, No. 1033

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

SYNOPSIS

���� Requires certain CATV companies to provide Internet
service at public libraries with business customer class Internet access
bandwidth and circuit capacity proportional to public libraries' needs.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning Internet service to public libraries
and amending P.L.1972, c.186.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 28 of P.L.1972,
c.186 (C.48:5A-28) is amended to read as follows:

���� 28.� Each application for a
municipal consent or system-wide franchise shall contain:

���� a.��� A description of the
initial area to be served
[
.
]
;

���� b.��� A description of the
proposed service in terms of the number of channels of cable television
reception service
[
.
]
;

���� c.��� Sufficient evidence that
the applicant has the financial and technical capacity
[
and
]
,
the
legal
[
,
]
character
,

and other qualifications to construct, maintain
,
and operate the
necessary installations, lines
,
and equipment
[
and
]
to provide the service proposed
in a safe, adequate
,
and proper manner
[
.
]
;

���� d.��� Evidence of sufficient
bond, or commitment therefor, with sureties to be approved by the office, in
the penal sum of not less than $25,000 for the faithful performance of all
undertakings by the applicant as represented in the application
[
;
]
,
the
sufficiency of which shall be subject to review by the director and approval by
the board
[
.
]
;

���� e.��� An undertaking to hold
the board and all municipalities served harmless from any liability arising out
of the applicant's operation and construction of its CATV system
[
.
]
;

���� f.���� Evidence of sufficient
insurance insuring the board, all municipalities served
,
and the
applicant with respect to all liability for any death, personal injury,
property damage
,
or other liability arising out of the applicant's
construction and operation of its CATV system
[
;
]
,
the
sufficiency of which shall be subject to review by the director and approval by
the board.�
[
Such
]

This

insurance shall be no less than: (1) $150,000 for bodily injury or death to any
one person, within the limit, however, of $500,000 for bodily injury or death
resulting from any one accident
[
,
]
;
(2)
$100,000 for property damage resulting from any one accident
[
,
]
;
and
(3) $50,000 for all other types of liability
[
;
]
,
the
sufficiency of which shall be subject to review by the director and approval by
the board
[
.
]
;

���� g.��� A schedule of proposed
rates for cable television reception service, which
[
rates
]
shall not be altered during the
term for which the municipal consent is issued, except by application to the
board for amendment of the terms and conditions of
[
said
]

the
consent

after public hearing, subject to
the rules of the office, review by the director
,
and approval by the
board, or amendment pursuant to the provisions of subsection b. of section 11
of P.L.1972, c.186 (C.48:5A-11)
[
.
]
;

���� h.��� (1) With regard only to
applications for a system-wide franchise, a commitment
[
as
]
to those
municipalities that are served by a CATV company at the time of the
application, to match or surpass any line extension policy operative at the
time the system-wide franchise is granted and placed into effect prior to the
enactment of P.L.2006, c.83 (C.48:5A-25.1 et al.) by a local franchise or
certificate of approval, for the duration of the system-wide franchise.� In any
event, the CATV company shall extend its plant along public rights-of-way to
all residences and businesses within 150 aerial feet of the CATV company's
existing plant at no cost beyond the normal installation rate, and to all
residences and businesses within 100 underground feet of the CATV company's
plant at no cost beyond the normal installation rate, and shall set a minimum
house per mile density of not less than 35 homes per square mile.

���� (2)� This commitment shall be
in addition to any and all board orders and rules that impact upon the
extension of plant, except that
[
such
]

the

commitment shall supersede the board's regulations adopted as N.J.A.C. 14:3-8.1
et seq., which shall not apply to CATV companies, including telecommunications
service providers
,
that have obtained a system-wide franchise
[
.
]
;

���� i.���� With regard only to
applications for a system-wide franchise, a commitment to provide to each
municipality that is served by a CATV company, with two public, educational
,

and governmental access channels.� In the event that two or more access
channels are requested by a municipality, the municipality shall demonstrate
that its cable-related needs require the provision of such additional access
channels.� Any and all CATV companies operating in a municipality shall provide
interconnection to all other CATV companies on reasonable terms and conditions,
and the board shall adopt regulations for procedures by which disputes between
[
such
]
CATV
companies shall be determined and expeditiously resolved.� Each municipality or
its non-profit designee shall assume responsibility for the management,
operations and programming of the public, educational
,
and governmental
access channels
[
.
]
;

���� j.���� With regard only to
applications for a system-wide franchise, a commitment to install and retain or
provide, without charge, one service outlet activated for basic service to any
and all fire stations, public schools, police stations, public libraries, and
other
[
such
]
buildings
used for municipal purposes
[
.
]
;

���� k.��� With regard only to
applications for a system-wide franchise, a commitment to provide free Internet
service, without charge, through one service outlet activated for basic service
to any and all fire stations, public schools, police stations, public libraries,
and other
[
such
]
buildings
used for municipal purposes.�
The free Internet service provided to a public
library shall have a business customer class Internet access bandwidth and
circuit capacity proportional to the public library�s needs;

���� l.���� With regard only to
applications for a system-wide franchise, a commitment to provide equipment and
training for access users, without charge, on a schedule to be agreed upon
between the municipality and the CATV company
[
.
]
;

���� m.�� With regard only to
applications for a system-wide franchise, a commitment to provide a return feed
from any one location in the municipality, without charge, to the CATV
company's headend or other location of interconnection to the cable television
system for public, educational
,
or governmental use, which return feed,
at a minimum, provides the ability for the municipality to cablecast live or
taped access programming, in real time, as may be applicable, to the CATV
company's customers in the municipality.� No CATV company is responsible for
providing a return access feed unless a municipality requests such a feed in
writing.� A CATV company that has interconnected with another CATV company may
require the second CATV company to pay for half of the CATV company's absorbed
costs for extension
[
.
]
; and

���� n.��� With regard only to
applications for a system-wide franchise, a commitment to meet any consumer
protection requirements applicable, pursuant to board regulations, to cable
television companies operating under certificates of approval.

(cf: P.L.2006, c.83, s.23)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill amends existing law
to require cable television companies having a system-wide franchise to install
free Internet access at public libraries within its franchise area that has a
business customer class Internet access bandwidth and circuit capacity
proportional to the public libraries� needs.