NJ Streaming Service Franchise Fee Suit Dismissed

The New Jersey communities of Longport and Irvington don't have a private right of action against Netflix and Hulu to seek franchise fees from the streamers under the state's Cable TV Act, U.S. District Judge Stanley Chesler said in a docket 2:21-cv-15303 opinion entered Monday as he granted the defendants' motion to dismiss. Chesler said the state legislature clearly was designating the Board of Public Utilities as its local franchising authority, and letting the communities seek redress would usurp the board's authority. Outside counsel for the plaintiffs didn't comment.