Court Tells NJ BPU Not to Enforce Altice Order

New Jersey Board of Public Utilities commissioners are preliminarily restrained and enjoined from taking further action to enforce a Nov. 13 cease and desist order against Altice until litigation concludes at U.S. District Court in Newark, said Judge Brian Martinotti in a Wednesday order (in Pacer). “Or until the Court issues an order determining that circumstances render the injunction unnecessary (a) because Altice is no longer subject to effective competition or (b) if Congress repeals or a court invalidates any of the relevant provisions of the Cable Act.” Altice sued BPU for seeking to force the cable company to use pro-rated billing. The company argues that violates the Cable Act, the Constitution’s supremacy clause and New Jersey law.