N.J. Admin. Code § 14:18-1.2
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Ascertainment" means the formal pre-proposal fact finding process performed by the municipality in lieu of one performed by the Board.
"Board" means the Board of Public Utilities, as defined by 48:1-1 et seq.
"Cable home wiring" means the internal wiring contained within the premises of a customer which begins at the demarcation point. Cable home wiring includes passive splitters on the customer's side of the demarcation point, but does not include any active elements such as amplifiers, converters or decoder boxes or remote control units.
"Cable television company or cable television operator" means any person or group of persons who provides cable television service over a cable television system and directly or through one or more affiliates owns a significant interest in such cable television system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
"Cable television operator's proposal" means the cable television operator's petition to the Board for a Certificate of Approval following completion of municipal consent proceeding.
"Cable television reception service" means the simultaneous delivery through a cable television system of the signals of television broadcast stations to members of the public subscribing to such service, which service may include additional nonbroadcast signals delivered as part of the service with no additional charge.
"Cable television service" means (1) the one-way transmission to subscribers of video programming or other programming service; and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service, regardless of the technology utilized by a cable television company to enable such selection or use.
"Cable television system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment, that is designed to provide cable television service, which includes video programming, without regard to the technology used to deliver such video programming, including Internet protocol technology or any successor technology, and which is provided to multiple customers within a community, but such term does not include:
1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
2. A facility that serves customers without using any public right-of-way;
3. A facility of a common carrier, which is subject, in whole or in part, to regulation by the Board pursuant to Title 48 of the Revised Statutes, except that such facility shall be considered a cable television system to the extent such facility is used in the transmission of video programming directly to customers, unless the extent of such use is solely to provide interactive on-demand services;
4. An open video system that has been certified by the Federal Communications Commission as being in compliance with the provisions of Part 76, "Multichannel Video and Cable Television Service," of Title 47 of the Code of Federal Regulations;
5. Any facilities of any electric public utility used solely for operating its electric utility systems; or
6. A facility of an electric public utility, which is subject, in whole or in part, to regulation by the Board pursuant to Title 48 of the Revised Statutes, except that such facility shall be considered a cable television system solely to the extent that such facility is used in the transmission of video programming directly to the customers.
The term "facility" as used in this section is limited to the optical spectrum wavelengths, bandwidth, or other current or future technological capacity used for the transmission of video programming directly to customers.
"Certificate of approval" means a certificate issued, or which may be issued, by the Board upon the recommendation of the Director pursuant to 48:5A-1 et seq.
"Class I, Class II, Class III and Class IV cable television channels" means signaling paths as defined in Subpart A, Section 76.5, subsections (t), (u), (v) and (w) respectively, of the FCC rules and regulations adopted on February 2, 1972, as amended.
"Complaint" means any written or verbal contact, including by telephone, by an assistive technology device for the hearing impaired such as TTY/DDD, a telecommunications relay service, in person, by facsimile, e-mail, or any other reasonable means, with a cable television operator in connection with any product or service it offers in which a person expresses discontent or dissatisfaction with an act, omission, product, service, service content or complement, term or condition of service.
"Component" means any individually offered service or piece of equipment.
"Customer" means any individual, partnership, firm, corporation, government subdivision or agency receiving service from a cable television company.
"Demarcation point" means:
1. For new and existing single unit installations, a point at or about 12 inches outside where the cable wire enters the customer's premises;
2. For new and existing multiple dwelling unit installations with non-loop-through wiring configurations, a point at or about 12 inches outside of where the cable wire enters the customer's dwelling unit, or, where the wire is physically inaccessible at such point, the closest practicable point thereto that does not require access to the individual customer's dwelling unit; and
3. For new and existing multiple dwelling unit installations with loop-through wiring configurations, a point at or about 12 inches outside of where the cable wire enters or exits the first and last individual dwelling unit on the loop, or, where the wire is physically inaccessible at such point(s), the closest practicable point thereto that does not require access to the individual customer's dwelling unit.
"Director" means the Director of the Office of Cable Television.
"Distribution plant" is the hardware, wires, electronics, equipment and other instrumentalities which deliver cable television service to the drop line feeding an individual customer's home.
"FCC" means the Federal Communications Commission.
"Franchising authority" means the State of New Jersey, Board of Public Utilities, Office of Cable Television.
"Hearing impaired individual" means an individual who, because of an injury to, disease of, or defect in the inner, middle or outer ear, or any combination thereof, has suffered a loss of hearing acuity such that the individual cannot receive linguistic information without amplification, dubbing or captions.
"MDU" means multiple dwelling unit.
"MVPD" means multichannel video programming distributor.
"Normal business hours" means 9:00 A.M. to 5:00 P.M. weekdays, except for days upon which the Board of Public Utilities is closed for business, including, but not limited to, New Jersey State holidays. A list of New Jersey State holidays can be obtained at http://www.state.nj.us/nj/about/facts/holidays.html.
"Normal operating conditions" means those service conditions which are within control of the cable television operator. Those conditions not within the control of the cable television operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions. Those conditions which are ordinarily within control of the cable television operator, include, but are not limited to, special promotions, pay-per-view events, rate increases, channel and/or service alterations, regular peak or seasonal demand periods, and maintenance or upgrade of the cable television system.
"Office" means the Office of Cable Television established by 48:5A-1 et seq.
"Outage" means the total loss of audio or visual portion of any level of cable television service for which the cable television company imposes a separate charge and which affects the cable television company's distribution plant.
"Person" means any individual or group of individuals or any agency or instrumentality of the State of New Jersey or of any of its political subdivisions; but this definition shall not include a telephone, telegraph or electric utility company regulated by the Board where it merely leases or rents or otherwise provides to a cable television company wires, conduits, cables or pole space used in the redistribution of broadcast signals to or toward customers of such cable television company.
"Physically inaccessible" means a location where access thereto would require significant modification of, or significant damage to, preexisting structural elements, that would add significantly to the physical difficulty and/or cost of accessing the customer's home wiring.
"Preliminary assessment of denial" means a decision by the Office of Cable Television to schedule a hearing on a Certificate of Approval application pursuant to 48:5A-16(b) and 47 U.S.C. § 546(c)(1).
"Preproposal phase" means any proceedings conducted under these rules held prior to a cable television operator's filing for a renewal of a Certificate of Approval with the Board of Public Utilities.
"Promotional service" means the offering of an existing product, service, group of services or capability at a reduced introductory charge for a limited, specified period of time, during which the cable television company attempts to encourage new or additional customers to the product service.
"Proposal phase" means any proceedings subsequent to the time under these rules when a petition for renewal of a Certificate of Approval is filed with the Board of Public Utilities.
"Renewal" means formal extension or continuation by the Board of any cable television operator's franchise beyond the duration specified by the existing Certificate of Approval.
"Request for Proposal" means a duly adopted municipal consent ordinance incorporating all terms and conditions for renewal, including but not limited to, any generally imposed obligations under state statute and regulations.
"Trial service" means the initial offering of a new capability or technology over a cable television system to some or all existing customers in the cable television company's service area for a limited, specified period of time, not to exceed six months, during which the cable television company assesses the performance or marketability of the new capability or technology, and after which the service is either introduced as a standard offering or discontinued.
N.J. Admin. Code § 14:18-1.2