N.J. Should Clarify Our Franchise Fee Powers, Communities Tell 3rd Circuit
The 3rd U.S. Circuit Court of Appeals should ask the New Jersey Supreme Court to clarify whether the state's municipalities have an implied private right of action to bring an action to claim unpaid franchise fees under the state's Cable…
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TV Act (CTA), plaintiff-appellant New Jersey communities Longport and Irvington told the 3rd Circuit in a reply brief Wednesday (docket 22-2139). They are appealing a U.S. District Court's dismissal of their suit seeking franchise fees from Netflix and Hulu under CTA (see 2206170061). The plaintiffs said they aren't seeking a court rewrite of CTA or challenging the state Board of Public Utilities' regulatory authority but want recognition of the rights of municipalities to enforce a statute that is specifically for their benefit. They said the lower court didn't fully consider the narrow relief they seek or their unique position under the state's constitution. Counsel for the streaming service appellees didn't comment Thursday.