CLEAR TEL. CABLE CORP. v. BD. OF PUBLIC UTILITY


162 N.J. Super. 84 (1978)

392 A.2d 228

CLEAR TELEVISION CABLE CORPORATION, PETITIONER-APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENT-APPELLEE, NATIONAL VIDEO SYSTEMS, INC., INTERVENOR. NATIONAL VIDEO SYSTEMS, INC., PETITIONER-APPELLANT, v. BOARD OF PUBLIC UTILITY COMMISSIONERS, RESPONDENT-APPELLEE, CLEAR TELEVISION CABLE CORPORATION, INTERVENOR.

Superior Court of New Jersey, Appellate Division.

Decided August 30, 1978.


Attorney(s) appearing for the Case

Mr. Lewis J. Paper argued the cause for appellant Clear Television Cable Corporation (Messrs. Lowenstein, Sandler, Brochin, Kohl & Fisher, attorneys; Mr. Murray J. Laulicht, of counsel).

Mr. Francis R. Perkins argued the cause for appellant National Video Systems, Inc. (Messrs. Holzapfel & Perkins, attorneys).

Mr. Nielsen V. Lewis, Deputy Attorney General, argued the cause for respondent Board of Public Utility Commissioners (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. William F. Hyland, former Attorney General of New Jersey; Ms. Erminie Conley, Deputy Attorney General, of counsel).

Mr. William J. Linton argued the cause for the Township of Dover (Mr. Raymond A. Hayser, Director of Law, attorney).

Mr. John S. Pehlivanian argued the cause for the Township of Berkeley (Messrs. Lomell, Muccifori, Adler, Kearney, Ravaschiere & Amabile, attorneys).

Before Judges MATTHEWS, CRANE and ANTELL.


The opinion of the court was delivered by ANTELL, J.A.D.

These appeals involve competing applications under the Cable Television Act, N.J.S.A. 48:5A-1 et seq., for certificates of approval to operate cable television systems in the beach areas of Dover Township and Berkeley Township in Ocean County. In Clear Television Cable Corporation [hereinafter "Clear"] v. Board of Public Utility Commissioners [hereinafter "Board"] Clear appeals from...

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