Chapter 222
2006 -- H 7752 SUBSTITUTE A
Enacted 07/03/06
A N A C T
RELATING
TO PUBLIC UTILITIES AND CARRIERS - COMMUNITY ANTENNA TELEVISION SYSTEMS
Introduced
By: Representatives Sullivan, and O`Neill
Date
Introduced: February 28, 2006
It is enacted by the General Assembly as
follows:
SECTION 1. Section
39-19-10 of the General Laws in Chapter 39-19 entitled
"Community Antenna Television Systems"
is hereby amended to read as follows:
39-19-10. Installation
of cable television in multiple dwelling units. -- Installation
of
cable television, telephone, telecommunications
or information service in multiple dwelling
units. - - Pursuant to the
legislative intent that a tenant in a multiple dwelling unit shall have the
freedom and right to select the provider of
cable television, telephone, telecommunications or
information service to their living unit,
without any restraints, limitations or conditions imposed
by a landlord, A a tenant in a
multiple dwelling unit may subscribe to CATV ,telephone,
telecommunications or information service, subject to the
following provisions:
(1) A CATV
operator or other telephone, telecommunications or information service
provider who affixes or causes to be affixed CATV,
telephone, telecommunications or
information facilities to the dwelling of a tenant
shall (i) do so at no cost to the landlord of the
dwelling, (ii) indemnify the landlord for
damages, if any, arising from the installation and/or the
continued operation thereof, and (iii) not
interfere with the safety, functioning, appearance or use
of the dwelling, nor interfere with the rules
and regulations of the owner dealing with the day-to-
day operations of the property, including the
owner's reasonable access rules for soliciting
business. Nothing in this subdivision shall
prohibit a landlord from contracting with the CATV
operator or other telephone,
telecommunications or information service provider for work in
addition to standard installation.
(2) No CATV
operator or landlord shall enter into any agreement with persons owning,
leasing, controlling, or managing a building
served by a CATV system or perform any act which
would directly or indirectly diminish or
interfere with the rights of any tenant to use a master or
individual antenna system.
(3) (i) A CATV
operator or other telephone, telecommunications or information service
provider shall have the landlord's consent to affix CATV
system facilities to a tenant's dwelling
by delivery to the owner, in person or by
certified mail, return receipt requested, of a copy of this
section and a signed statement that the CATV
operator or other telephone, telecommunications or
information service provider will be bound by the
terms of this section to the owner or lawful
agent of the property upon which the CATV system
facilities are to be affixed.
(ii) The CATV
operator or other service provider shall present and review with the
owner prior to any installation, plans and
specifications for the installation, and shall abide by
reasonable installation requests by the owner.
The CATV operator or other telephone,
telecommunications or information service
provider
will inspect the premises with the owner
after installation to insure conformance with
the plans and specifications. The owner may waive
in writing the prior presentation of the plans
and specifications. The CATV operator or other
telephone, telecommunications or information
service provider
shall be responsible for the
maintenance of any equipment installed on the
owner's premises and shall be entitled to
reasonable access for maintenance. The CATV
operator or other service provider shall also, prior
to any installation, provide, upon the request
of the owner, a certificate of insurance covering all
the employees or agents of the installer,
or CATV operator or other service provider as well as all
equipment of the operator or other telephone,
telecommunications or information service
provider.
(4) If the owner
of any such real estate intends to require the payment of any sum in
excess of a nominal amount, herein defined as
one dollar ($1.00), in exchange for permitting the
installation of CATV, telephone, telecommunications
or information system facilities to the
dwelling of a tenant, the owner shall notify the
CATV operator or other service provider by
certified mail, return receipt requested, within
twenty (20) days of the date on which the owner is
notified that the CATV operator or other
telephone, telecommunications or information service
provider intends to extend CATV telephone,
telecommunications or information system facilities
to the dwelling of a tenant of the owner's real
estate. Absent such notice, it will be conclusively
presumed that the owner will not require payment
in excess of the nominal amount specified in
this subdivision for the connection.
(5) If the owner
gives notice, the owner will, within thirty (30) days after giving notice
advise the CATV operator or other service
provider in writing of the amount the owner claims as
compensation for affixing CATV, telephone,
telecommunications or information system facilities
to his or her real estate. If within thirty (30)
days after receipt of the owner's claim for
compensation, the CATV operator or other
telephone, telecommunications or information service
provider has not agreed to accept the owner's demand,
the owner may bring an action in the
superior court for the county in which the real
estate is located to enforce the owner's claim for
compensation. The action shall be brought within
six (6) months of the date on which the owner
first made a demand upon the CATV operator or
other telephone, telecommunications or
information service provider for compensation and
not thereafter.
(6) It shall be
presumed that reasonable compensation therefor shall be the nominal
amount, but the presumption may be rebutted and
overcome by evidence that the owner has a
specific alternative use for the space occupied
by CATV or other telephone, telecommunications
or information system facilities or equipment, the loss
of which shall result in a monetary loss to
the owner, or that installation of CATV or
other telephone, telecommunications or information
system facilities or equipment upon the multiple
dwelling unit will otherwise substantially
interfere with the use and occupancy of the unit
to an extent which causes a decrease in the resale
or rental value of the real estate. In
determining the damages to any real estate injured when no
part of it is being taken, consideration is to
be given only to such injury as is special and peculiar
to the real estate, and there shall be deducted therefrom
the amount of any benefit to the real
estate by reason of the installation of CATV,
telephone, telecommunications or information
system facilities.
(7) None of the
foregoing steps to claim or enforce a demand for compensation in excess
of the nominal amount shall impair or delay the
right of the CATV operator or other service
provider to install, maintain, or remove CATV system
facilities to a tenant's dwelling on the real
estate. The superior court shall have original
jurisdiction to enforce the provisions of this
subdivision.
(8) It shall be
an unfair trade practice under chapter 13.1 of title 6 for any person owning,
leasing, or managing any multiple dwelling unit
served by a CATV system or other telephone,
telecommunications or information service
provider
to discriminate in rental charges or other
charges to tenants based on the tenants'
subscription to a CATV, telephone, telecommunications
or information service from and after June 25, 1986 or
to demand or accept payment, except as
provided in this section, for the affixing of
CATV, telephone, telecommunications or information
facilities to a tenant's dwelling; provided,
however, that this subdivision shall not apply to
contracts entered into on or before June 25,
1986.
SECTION 2. This
act shall take effect on January 1, 2007. The provisions of this act shall
not apply to telephone, telecommunications or
information service providers with respect to any
such facilities affixed to the unit of a tenant
prior to the effective date of this act.
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LC02308/SUB
A
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