NJ AG: Maine Prorating Decision Shows NJ Rule Not Preempted
Defending a New Jersey prorating rule challenged by Altice, acting Attorney General Andrew Bruck (D) pointed the 3rd U.S. Circuit Court of Appeals to Tuesday’s 1st Circuit decision finding Maine’s prorating law isn’t rate regulation preempted by the Cable Act…
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(see 2201040072). The 3rd Circuit is weighing a New Jersey Board of Public Utilities appeal of a lower court’s March 23 opinion agreeing with Altice that the BPU’s prorating rule is preempted (see 2108240043). "A unanimous panel of the First Circuit held an analogous proration requirement is not preempted by the Cable Act, reversing the contrary decision of the District of Maine on which the court below (and Altice) extensively relied,” Bruck wrote Wednesday. “The panel rejected precisely the same preemption arguments Altice presents here.” The 3rd Circuit earlier scheduled a hearing Jan. 27 in Philadelphia. Altice didn’t comment now.