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5 N.J.A.R. 75

Cable Systems, Inc. in the Borough of Haddonfield, In the Matter of an Increase in Rates by
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Citation: 5 N.J.A.R. 75
Decision Date: 1981
Synopsis: The Board of Public Utilities, Office of Cable Television, served an Order to Show Cause on cable Systems, Inc. seeing to set aside certain rate increases because of alleged reordentation made by an officer of the cable company to a local borough advisory committee. The administrative law judge assigned to the case determined that when an ordinance granting a municipal consent to a cable television company is approved by the State Board of Public Utilities it becomes binding on both the applicant and the municipality. It is in the nature of a contract and the parol evidence rule would apply to its terms and conditions. Therefore any alleged oral representations which did not become part of the application should not be considered to alter the terms of the municipal ordinance granting such consent. Accoringly, the municipal ordinance was found binding and could not be varied by parol evidence. APPEARANCES: Kevin J. Coakley, Esq., for Cable Systems, Inc. Joseph E. Kelley, Esq., for Office of Cable Television