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IN RE RCN OF NY

892 A.2d 636 (2006)

186 N.J. 83

In the Matter of Alleged Non-Compliance by RCN of NY, a Wholly-Owned Subsidiary of RCN Corporation, with the Requirements of N.J.S.A. 48:5A-15, 16, 17, and 22 Requiring Municipal Consent from the City of Jersey City and a Certificate of Approval from the Board for Newport Community in Jersey City, New Jersey.

Supreme Court of New Jersey.

Decided March 1, 2006.

Attorney(s) appearing for the Case

Kenneth J. Sheehan, Deputy Attorney General, argued the cause for appellant, New Jersey Board of Public Utilities (Peter C. Harvey, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

Robert G. Goode argued the cause for respondent, RCN Telecom Services, Inc., incorrectly plead as RCN of N.Y. (Arturi, D'Argenio & Guaglardi, attorneys).

Justice ZAZZALI delivered the opinion of the Court.

RCN of New York (RCN) operates a satellite master antenna system (SMATV) in the Newport Building Complex in Jersey City, providing cable programming to Newport's residents. The SMATV facility functions by receiving a microwave signal at a centrally located antenna in Newport and re-transmitting that signal to Newport's buildings through wires that run underneath public roads.

The Board of Public Utilities...

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