Township of Middletown v. Storer Cable Communications, Inc.

The opinion of the Court was delivered by

BAIME, J.A.D.

This is an appeal by the Township of Middletown (Township) from a final determination of the Board of Public Utility Commissioners (Board) in two related administrative proceedings pertaining to the construction and operation of a cable television system in the municipality. In its written decision, the Board rejected the Township’s request to charge Storer Cable Communications, Inc. (Storer), the franchisee, an annual franchise fee in excess of that prescribed by N.J.S.A. 48:5A-30(a). The Board also determined that the same statute barred…