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11 N.J.A.R. 486

NYT Cable TV v. Homestead at Mansfield, Inc. et al.
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Citation: 11 N.J.A.R. 486
Decision Date: 1985
Agency: BOARD OF PUBLIC UTILITIES
Synopsis: Petitioner sought an order requiring respondents to provide ac- cess to a residential development in order to install cable television facilities and equipment. Petitioner was granted access in a Superior Court, Chancery Division proceeding, subject to resolution by the Board of Public Utilities of certain issues within the competence of the Board. The matter was transmitted to the Office of Administrative Law by the Board for a hearing to resolve those issues. The administrative law judge assigned to the case concluded that petitioner should be granted access and that respondents were legally compelled to provide access. The grant of access by the court entitled petitioner to access except where physical conditions make access impractical or the possibility of technical incompatibility exists. No evidence was presented of impracticality or incompatibility. In ad- dition, N.J.S.A. 48:5A-49 ('section 49') does not require any bal- ancing test of the. benefits of the franchised cable operator as opposed to a competing system. The administrative law judge also concluded that petitioner's proposed plan for installation was reasonable and adequate. Finally, the judge determined that the just compensation to be paid to respondents for the taking of property in connection with the installation was one dollar ($1.00), since respondents' prop- erty would be more valuable as a result of the installation of cable television lines. It was ordered that respondents provide access and that petitioner pay respondents the sum of $1.00 as just compensation. State of New Jersey 487 Upon review, this initial decision was adopted with modifications by the Board of Public Utilities. The Board agreed with the adminis- trative law judge on the issue of access, but reserved decision on the issue of compensation pending completion of a Board rulemaking regarding just compensation in section 49 cases. The Board ordered that petitioner immediately be given access to install cable television facilities at Homestead at Mansfield. The Superior Court, Appellate Division, affirmed. The Supreme Court affirmed. Kevin J. Coakley, Esq., for petitioner (Connell, Foley & Geiser, at- torneys) Frederick W. Hardt, Esq., for respondent (Sever & Hardt, attorneys)
Citation Tracker mod,-Bd. of Public Utilities; affirmed -214 N.J. Super. 148 (App, Div. 1986); aft.-111 N.J. 21 (1988) [Updated through 1991]