3rd Circuit Upholds Dismissal of Streamer Franchise Fee Suit in N..J.

New Jersey's Cable TV Act (CTA) doesn't imply a right of action for municipalities on their own to enforce the law's fee provision, the 3rd U.S. Circuit Court of Appeals said last week. The decision was in response to an appeal by Longport and Irvington, which are seeking to charge cable franchise fees to streamers Netflix and Hulu -- an effort a lower court rejected in 2022 on grounds it violates the CTA (see 2205230028). In a docket 22-2139 opinion, a 3rd Circuit panel said there's no evidence the state legislature intended to create a private right of action for municipalities, as it expressly gave all enforcement authority to the state Board of Public Utilities. Deciding were Judges Michael Fisher, Jane Roth and Patty Shwartz, with Roth penning the decision.