Court Denies Reconsideration to NJ Board in Altice Suit

A federal judge denied reconsideration to New Jersey's Board of Public Utilities of a temporary injunction in a cable case. Altice sued BPU at the U.S. District Court in New Jersey for trying to require the company to pro-rate bills, saying that violates the Cable Act (see 2003020038). In a Tuesday opinion, Judge Brian Martinotti disagreed the court shouldn’t have treated Altice’s motion for reconsideration as a motion for preliminary injunction. “This Court looks to a motion’s substance, not its form,” he wrote. Martinotti disagreed the board had no chance to brief on the preliminary injunction, saying it did when first responding to Altice’s complaint, when the court gave defendants an opportunity to argue in writing after the company filed its motion, and in oral argument. The judge rejected the agency’s argument it had no chance to present evidence on the amount of any monetary bond or need for other conditions to be imposed on Altice following grant of a preliminary injunction. Both sides didn't comment.