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ALTICE USA v. NEW JERSEY BOARD OF PUBLIC UTILITIES

No. 21-1791.

26 F.4th 571 (2022)

ALTICE USA, INC. v. NEW JERSEY BOARD OF PUBLIC UTILITIES; Joseph Fiordaliso, in his official capacity as President of the New Jersey Board of Public Utilities; Commissioner Mary-Anna Holden; Diane Solomon; Upendra J. Chivukula; Bob M. Gordon, Appellants.

United States Court of Appeals, Third Circuit.

Filed: February 24, 2022.

Attorney(s) appearing for the Case

Alec Schierenbeck [ARGUED], Meliha Arnautovic , Office of Attorney General of New Jersey, Division of Law, 7th Fl, West Wing, 25 Market Street, Richard J. Hughes Justice Complex, Trenton, NJ 08625, Counsel for Appellants.

Matthew Hellman [ARGUED], Howard J. Symons , Jenner & Block, 1099 New York Avenue, N.W., Suite 900, Washington, DC 20001, Thomas N. Gamarello , Jeffrey T. LaRosa , Schenck Price Smith & King, 220 Park Avenue, P.O. Box 991, Florham Park, NJ 07932, Counsel for Appellee.

Before: HARDIMAN, SHWARTZ, and SMITH, Circuit Judges.

OPINION OF THE COURT

The New Jersey Board of Public Utilities ("BPU") ordered Altice USA, Inc. ("Altice"), a cable service provider, to prorate its bills for the month in which a cable customer cancels his service, as required by New Jersey law ("Proration Requirement"). Altice asserts that the Proration Requirement...

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