Altice Tells 3rd Circuit to Wait to Review NJ Appeal in Prorating Case

Altice sees no need for an appeals court to review the New Jersey Board of Public Utilities’ challenge of a preliminary injunction awarded Altice in January by U.S. District Court in Trenton (see 2007220034), the cable company said (in Pacer) Tuesday at the 3rd U.S. Circuit Court of Appeals. Altice, challenging the New Jersey board requirement that cable operators prorate bills for canceling customers, urged the 3rd Circuit to hold the appeal in abeyance pending the outcome of district court proceedings. Briefing at the lower court will be done by early October, and a decision on the merits will likely follow well before the 3rd Circuit finishes weighing the board’s appeal, Altice said. “It would be an inefficient use of judicial and litigant resources to continue to brief and adjudicate the preliminary injunction appeal when a decision on the merits is likely to supersede the PI Order before this Court rules on the pending.” New Jersey's attorney general office declined comment Wednesday.