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4 N.J.A.R. 260

Tri-County Cable, Inc., for Certification in Penns Grove and Carney's Point Based on Arbitrary Municipal Action, In the Matter of
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Citation: 4 N.J.A.R. 260
Decision Date: 1981
Synopsis: In early 1980, Tri-County Cable filed applications for municipal consents to operate cable television systems with the Borough of Penns Grove. The Borough subsequently denied these applications and awarded municipal consents to Penn Communications, Inc. Tri-Coun- ty then filed petitions with the Office of Cable TV of the Board of Public Utilities seeking a determination that its application had been arbitrarily denied. The administrative law judge assigned to the case determined that Tri-County Cable had been arbitrarily denied consent and ordered de novo proceedings on Tri-County's application. The judge based this determination on the failure of the municipality to have a stenographic record made of the proceedings as required by N.J.A.C. 14:18-11.10 and upon failure of the municipality to issue a written report detailing its reasons for choosing Penn Communications within 30 days after the conclusion of the hearings as required by N.J.S.A. 49:5A-23(d). Accordingly, the administrative law judge ordered a de novo con- sideration of the applications. Richard C. McDonough, Esq., for petitioner Warren W. Homart, Esq., for pespondent, the Borough of Penns Grove (Homan and Hoerst, attorneys) Frank J. Hoerst, Esq., for respondent, the Township of Carney's Point (Homan and Hoerst, attorneys) Ralph H. Grebow, Esq., for intervenor, Penn Communications, Inc. State of New Jersey 261 In Re: Tri-County Cable
Rule(s) Cited: 14:18-11.10