Chapter
266
2008 -- H 8146 SUBSTITUTE A
Enacted 07/05/08
A N A C T
RELATING TO PUBLIC
UTILITIES AND CARRIERS -- COMMUNITY ANTENNA TELEVISION SYSTEMS
Introduced By:
Representatives Vaudreuil, and Silva
Date Introduced: April 09,
2008
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 39-19-1, 39-19-10 and 39-19-10.1 of the General Laws in Chapter
39-19
entitled "Community Antenna Television Systems" are hereby amended to
read as follows:
39-19-1.
"Community antenna television system" defined. --
"Community antenna
television
system" or "CATV" as used in this chapter shall mean and include
the ownership or
operation
of a cable television system which receives video or audio signals, electrical
impulses,
or
currents at a central antenna or electronic control center within this state
and from which it
distributes
or transmits such signals, impulses, or currents by a cable or wire system to
electronic
equipment
at a customer's terminal point within this state; provided, however, that
nothing
contained,
in this chapter shall be construed to apply to a telephone, telegraph, or
electric public
utility
company.
39-19-10.
Installation of cable television, telephone, telecommunications or
information
service in multiple dwelling units Installation of cable television, telephone,
telecommunications
or information service in multiple dwelling or commercial 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,
and
to enable CATV operators or other telephone, telecommunications or information
service
providers
to offer meaningful choices to tenants of multiple dwelling or commercial units 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 or commercial unit 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 or commercial unit, nor interfere with
the
reasonable 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 which are
necessary to
either
offer or provide service to a tenant's
dwelling or commercial unit 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. A CATV operator or other
telephone,
telecommunications
or information service provider shall be permitted to affix CATV systems
facilities
pursuant to this subdivision prior to receiving a request for service from a
tenant.
(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, 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
or commercial unit 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 or commercial unit 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 or commercial 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 or
commercial
unit on the real estate. The superior
court shall have original jurisdiction to enforce
the
provisions of this subdivision.
(i)
In the event that the superior court determines that any individual or entity
has
unreasonably
interfered with the rights granted to tenants, CATV operators or other service
providers
as set forth in this subdivision, the superior court may award the party
seeking
enforcement
its reasonable attorney's fees and costs.
(ii) Nothing contained herein shall impair the right of a tenant of a multiple
dwelling unit
or a
CATV operator or other telephone, telecommunications or information service
provider to
pursue
any other remedies which may be available at law or in equity.
(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 or commercial unit; provided, however, that this
subdivision shall
not
apply to contracts entered into on or before June 25, 1986.
39-19-10.1.
Installation of cable television in mobile or manufactured home parks. --
A tenant
in a mobile or manufactured home park may subscribe to CATV service, subject to
the
following
provisions:
(1) A CATV operator who affixes or causes to be affixed CATV facilities to the
dwelling
of a tenant shall (i) do so at no cost to the landlord of such mobile or
manufactured
home
park, (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
mobile or manufactured home park, nor interfere with the reasonable
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 for work in addition to standard
installation.
(2) No CATV operator shall enter into any agreement with persons owning,
leasing,
controlling,
or managing a mobile or manufactured home park 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 shall have the landlord's consent to affix CATV system
facilities
which are necessary to either offer or provide service to a privately
owned utility pole
within
the mobile or manufactured home park 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
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. A CATV operator or other
telephone,
telecommunications
or information service provider shall be permitted to affix CATV systems
facilities
pursuant to this subdivision prior to receiving a request for service from a
tenant.
(ii) The CATV operator 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 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 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 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 as well as all equipment of the operator.
(4) If the owner of any privately owned utility pole intends to require the
payment of any
sum in
excess of a nominal amount, herein defined as the amount paid by the CATV
operator to
utility
companies for installation of similar facilities on their poles, in exchange
for permitting the
installation
of CATV system facilities to the privately owned utility pole, the owner shall
notify
the CATV
operator by certified mail, return receipt requested, within twenty (20) days
of the date
on which
the owner is notified that the CATV operator intends to install CATV system
facilities
on the
privately owned utility pole within the mobile or manufactured home park.
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 in writing of the amount the owner claims as compensation for
affixing
CATV system facilities to his or her privately owned utility pole. If within
thirty (30)
days
after receipt of the owner's claim for compensation, the CATV operator 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
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 system facilities or equipment,
the loss
of which
shall result in a monetary loss to the owner, or that installation of CATV
system
facilities
or equipment upon the privately owned utility pole will otherwise substantially
interfere
with the
use and occupancy of the pole 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 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 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.
(i)
In the event that the superior court determines that any individual or entity
has
unreasonably
interfered with the rights granted to tenants, CATV operators or other service
providers
as set forth in this subdivision, the superior court may award the party
seeking
enforcement
its reasonable attorney's fees and costs.
(ii)
Nothing contained herein shall impair the right of a tenant or a CATV operator
or
other
telephone, telecommunications or information service provider to pursue any
other
remedies
which may be available at law or in equity.
(8) It shall be an unfair trade practice under chapter 13.1 of title 6 for any
person owning,
leasing,
or managing any mobile or manufactured home park served by a CATV system to
discriminate
in rental charges or other charges to tenants based on the tenants'
subscription to a
CATV
service from and after July 1, 1987 or to demand or accept payment, except as
provided in
this
section, for the affixing of CATV facilities to a privately owned utility pole
within the mobile
or
manufactured home park provided, however, that this subdivision shall not apply
to contracts
entered
into on or before July 1, 1987.
(9) For the purposes of this section the phrase "privately owned utility
pole" refers to a
utility
pole which is owned by a person or entity other than a public utility or
municipal
corporation
providing electric or telecommunications services.
SECTION
2. This act shall take effect upon passage.
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LC02676/SUB A/3
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