N.J.S.A. 48:3-124 — Owner, structures, suspected abandoned line, attached, request removal, removal timeline.

48:3-124 Owner, structures, suspected abandoned line, attached, request removal, removal timeline. 3. a. Beginning 12 months after the effective date of P.L.2023, c.293 (C.48:3-122 et seq.), in accordance with federal law, if applicable, and to the extent permitted under any applicable pole attachment agreement, the owner of a pole, building, or other structure to which a suspected abandoned line is attached may send a request, in accordance with subsection c. of this section, to the entity owning that line to request removal if the line is found to be abandoned by the entity. b. Beginning 12 months after the effective date of P.L.2023, c.293 (C.48:3-122 et seq.), any person, municipality, utility, or corporation in the State may submit a request, in accordance with subsection c. of this section, to the board for the removal of any suspected abandoned line, provided that the line is found to be abandoned by the entity owning the line. Within five business days after receiving the request, the board shall transmit a written copy of the request to the entity that owns the line. Nothing in this section shall prevent or prohibit a person, municipality, utility, or corporation from directly notifying an entity of a suspected abandoned line. c. (1) Within 10 months after the effective date of P.L.2023, c.293 (C.48:3-122 et seq.), the board shall prescribe the form and manner in which the owner of a pole, building, or structure may submit a request, pursuant to subsection a. of this section, for the removal of a suspected abandoned line. In addition to any other information that the board deems necessary, the form shall require the requestor to provide the pole number, address, or latitude and longitude of the associated pole, and a photograph of the abandoned line. At a minimum, the board shall allow these requests to be submitted through the official Internet website of the entity. (2) Within 10 months after the effective date of P.L.2023, c.293 (C.48:3-122 et seq.), the board shall prescribe the form and manner in which a person, municipality, utility, or corporation may submit a request, pursuant to subsection b. of this section, for the removal of a suspected abandoned line. In addition to any other information that the board deems necessary, the form shall require the requestor to provide the pole number, address, or latitude and longitude of the associated pole, and a photograph of the abandoned line, if available. At a minimum, the board shall allow these requests to be submitted through the official Internet website of the board. (3) Within 11 months after the effective date of P.L.2023, c.293 (C.48:3-122 et seq.), the official Internet website of the board and each entity owning one or more lines in the State shall provide instructions, in a clear and conspicuous manner, concerning the submission of the requests to remove suspected abandoned lines and the rights of customers under P.L.2023, c.293 (C.48:3-122 et seq.). d. Within 30 calendar days after the date on which an entity receives a request to remove a suspected abandoned line, submitted pursuant to this section, the entity shall investigate and determine whether the line is abandoned. If the line is deemed to be abandoned, within 30 calendar days after the date of such determination, the entity shall either correct the condition causing the line to be abandoned or remove the line. e. Within 90 calendar days after the effective date of P.L.2023, c.293 (C.48:3-122 et seq.), and every 90 calendar days thereafter, the entity shall submit a written report to the board, which report shall include a description of all notifications, complaints, and requests received by the entity, including all reports and notifications received pursuant to section 5 of P.L.2023, c.293 (C.48:3-126), concerning a suspected abandoned line since the date on which the entity submitted its most recent report pursuant to this subsection. For each notification, complaint, or request, the report shall include: (1) the date on which the entity received the notification, complaint, or request; (2) the manner in which the notification, complaint, or request was received; (3) the basis of the entity's determination of whether the line is abandoned; (4) a description of all actions undertaken by the entity with respect to the line, including any actions to remove, overlash, or mark the line, and the dates on which such actions were taken; and (5) any other information that may be required by the board. f. Beginning 12 months after the effective date of P.L.2023, c.293 (C.48:3-122 et seq.), and every 12 months thereafter, each entity shall provide written notice to each customer of the entity, which notice shall inform the customer, in clear and conspicuous language, that the rights of the customer under P.L.2023, c.293 (C.48:3-122 et seq.) can be found on the entity's official Internet website. The written notice shall be provided in a form and manner approved by the board, except that the notice shall be provided to each customer using the same method as the entity provides a bill to the customer and in the same language as the bill is provided to the customer, and the notice may be included as a part of the customer's bill or as an additional notice to the customer. L.2023, c.293, s.3.

This is the verbatim text of N.J.S.A. 48:3-124, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.