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CLEAR TV CABLE CORP. v. BD. OF PUBLIC UTIL. COMM'RS.

85 N.J. 30 (1981)

424 A.2d 1151

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

The Supreme Court of New Jersey.

Decided January 26, 1981.

Attorney(s) appearing for the Case

Roger A. Lowenstein argued the cause for appellant Clear Television Cable Corporation (Lowenstein, Sandler, Brochin, Kohn & Fisher, attorneys; John C. Kennedy on the brief).

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

Erminie L. Conley, Assistant Attorney General, argued the cause for cross-appellant Board of Public Utility Commissioners (John J. Degnan, Attorney General of New Jersey, attorney; Nielsen V. Lewis, Deputy Attorney General, on the brief).

The opinion of the Court was delivered by WILENTZ, C.J.

This case involves a conflict between state and local power in the franchising of cable television companies. It concerns the extent to which regional considerations as perceived by the Board of Public Utilities Commissioners may prevail over local considerations as perceived by the affected municipalities. In particular we are concerned here with the power of the Board to impose a certain cable television service...

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