An Act concerning Internet access in public libraries and ¹[supplementing P.L.1972, c.186 (C.48:5A-1 et seq.)] amending P.L.1972, c.186¹.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

¹[1. This act shall be known and may be cited as the "Public Library Internet Access Act."]¹

¹[2. The Legislature finds and declares that:

a. Access to the Internet is offered in a large number of public libraries in this State;

b. The residents of this State increasingly use the Internet as part of their daily lives as a means of obtaining news, maintaining contact with family and friends, earning a livelihood, and accessing online job postings and other employment information;

c. For many residents, the public library is the only venue where they can access the Internet due to the high cost of maintaining a computer system and Internet service in their homes; and

d. The State has a compelling interest to ensure that residents have access to the Internet as an important source of news and economic opportunity.]¹

¹[3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

"Board" means the New Jersey Board of Public Utilities or any successor agency.

"Franchise" means an initial authorization, or renewal thereof, issued by a franchising authority in accordance with the provisions of P.L.1972, c.186 (C.48:5A-1 et seq.), whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a cable television system.

"Cable television company" or "CATV company" means any person or group of persons (1) who provides cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in such cable system, or (2) who otherwise controls or is responsible for, through any arrangement, the management and operation of such cable system.

"Internet" means the international computer network of both federal and non-federal interoperable packet switched data networks.

"Public library" means a library that serves free of charge, all residents of an area without discrimination and receives its financial support, in whole or in part, from public funds. "Public library" does not include any special-purpose library, such as a law school, medical school, or any other school or academic library, which is organized to serve a special clientele or purpose.

"System-wide franchise" means a competitive franchise issued pursuant to P.L.1972, c.186 (C.48:5A-1 et seq.) which authorizes a CATV company to construct or operate a cable television system in any location within this State in which the CATV company, at the time of the issuance of the system-wide franchise, either has plant or equipment in use for the provision of any consumer video, cable, or telecommunications service, including telephone service, or has proposed to place such plant or equipment into use to provide such service.]¹

¹[4. Notwithstanding any law, rule, regulation, or order to the contrary, a new system-wide franchise, or new franchise agreement between a cable television company and a municipality to provide cable television reception service to the municipality, or a renewal of such a franchise or agreement, issued or approved by the board after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), shall require any cable television company that offers Internet service to its subscribers, to provide free access to Internet service to at least one public library in each municipality served by the company in this State.]¹

¹1. Section 28 of P.L.1972, c.186 (C.48:5A-28) is amended to read as follows:

28. Each application for a municipal consent or system-wide franchise shall contain:

a. A description of the initial area to be served [.];

b. A description of the proposed service in terms of the number of channels of cable television reception service [.];

c. Sufficient evidence that the applicant has the financial and technical capacity [and], the legal [,] character, and other qualifications to construct, maintain, and operate the necessary installations, lines, and equipment [and] to provide the service proposed in a safe, adequate, and proper manner [.];

d. Evidence of sufficient bond, or commitment therefor, with sureties to be approved by the office, in the penal sum of not less than $25,000 for the faithful performance of all undertakings by the applicant as represented in the application [;], the sufficiency of which shall be subject to review by the director and approval by the board [.];

e. An undertaking to hold the board and all municipalities served harmless from any liability arising out of the applicant's operation and construction of its CATV system [.];

f. Evidence of sufficient insurance insuring the board, all municipalities served, and the applicant with respect to all liability for any death, personal injury, property damage, or other liability arising out of the applicant's construction and operation of its CATV system [;], the sufficiency of which shall be subject to review by the director and approval by the board. [Such] This insurance shall be no less than: (1) $150,000 for bodily injury or death to any one person, within the limit, however, of $500,000 for bodily injury or death resulting from any one accident [,]; (2) $100,000 for property damage resulting from any one accident [,]; and (3) $50,000 for all other types of liability [;], the sufficiency of which shall be subject to review by the director and approval by the board [.];

g. A schedule of proposed rates for cable television reception service, which [rates] shall not be altered during the term for which the municipal consent is issued, except by application to the board for amendment of the terms and conditions of [said] the consent after public hearing, subject to the rules of the office, review by the director, and approval by the board, or amendment pursuant to the provisions of subsection b. of section 11 of P.L.1972, c.186 (C.48:5A-11) [.];

h. (1) With regard only to applications for a system-wide franchise, a commitment [as] to those municipalities that are served by a CATV company at the time of the application, to match or surpass any line extension policy operative at the time the system-wide franchise is granted and placed into effect prior to the enactment of P.L.2006, c.83 (C.48:5A-25.1 et al.) by a local franchise or certificate of approval, for the duration of the system-wide franchise. In any event, the CATV company shall extend its plant along public rights-of-way to all residences and businesses within 150 aerial feet of the CATV company's existing plant at no cost beyond the normal installation rate, and to all residences and businesses within 100 underground feet of the CATV company's plant at no cost beyond the normal installation rate, and shall set a minimum house per mile density of not less than 35 homes per square mile.

(2) This commitment shall be in addition to any and all board orders and rules that impact upon the extension of plant, except that [such] the commitment shall supersede the board's regulations adopted as N.J.A.C. 14:3-8.1 et seq., which shall not apply to CATV companies, including telecommunications service providers, that have obtained a system-wide franchise [.];

i. With regard only to applications for a system-wide franchise, a commitment to provide to each municipality that is served by a CATV company, with two public, educational, and governmental access channels. In the event that two or more access channels are requested by a municipality, the municipality shall demonstrate that its cable-related needs require the provision of such additional access channels. Any and all CATV companies operating in a municipality shall provide interconnection to all other CATV companies on reasonable terms and conditions, and the board shall adopt regulations for procedures by which disputes between [such] CATV companies shall be determined and expeditiously resolved. Each municipality or its non-profit designee shall assume responsibility for the management, operations and programming of the public, educational, and governmental access channels [.];

j. With regard only to applications for a system-wide franchise, a commitment to install and retain or provide, without charge, one service outlet activated for basic service to any and all fire stations, public schools, police stations, public libraries, and other [such] buildings used for municipal purposes [.];

k. With regard only to applications for a system-wide franchise, a commitment to provide free Internet service, without charge, through one service outlet activated for basic service to any and all fire stations, public schools, police stations, public libraries, and other [such] buildings used for municipal purposes [.];

l. With regard only to applications for a system-wide franchise, a commitment to provide equipment and training for access users, without charge, on a schedule to be agreed upon between the municipality and the CATV company [.];

m. With regard only to applications for a system-wide franchise, a commitment to provide a return feed from any one location in the municipality, without charge, to the CATV company's headend or other location of interconnection to the cable television system for public, educational, or governmental use, which return feed, at a minimum, provides the ability for the municipality to cablecast live or taped access programming, in real time, as may be applicable, to the CATV company's customers in the municipality. No CATV company is responsible for providing a return access feed unless a municipality requests such a feed in writing. A CATV company that has interconnected with another CATV company may require the second CATV company to pay for half of the CATV company's absorbed costs for extension [.]; and

n. With regard only to applications for a system-wide franchise, a commitment to meet any consumer protection requirements applicable, pursuant to board regulations, to cable television companies operating under certificates of approval.

o. With regard only to applications for municipal consent or a renewal of municipal consent, issued or approved by the board after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a commitment to provide free Internet service, without charge, through one service outlet activated for basic service to at least one public library in the municipality that is the subject of the consent.¹

(cf: P.L.2006, c.83, s.23)

¹[5.] 2.¹This act shall take effect immediately.