3rd Circuit to Hear Appeal of NJ Cable Prorating Case
The 3rd U.S. Circuit Court of Appeals consolidated two appeals involving a New Jersey cable prorating rule. The New Jersey Board of Public Utilities last week appealed a March 23 opinion (both in Pacer) by U.S. District Court in Newark,…
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which agreed with Altice that requiring the company to prorate bills is impermissible rate regulation preempted by the federal Cable Act. BPU last year appealed the district court’s earlier ruling denying reconsideration of a temporary injunction (see 2004090065). “The actions at Nos. 20-1773 and 21-1791 are hereby consolidated for all purposes,” the 3rd Circuit ordered (in Pacer) Thursday. “A consolidated briefing schedule will be issued when appropriate.” Altice didn't comment Friday.