PRIOR PRINTER'S NO. 1810 PRINTER'S NO. 3647
No. 1549 Session of 1989
INTRODUCED BY VAN HORNE, LASHINGER, COY, ROBINSON, TRELLO,
TIGUE, MICHLOVIC, CAWLEY, McVERRY, CAPPABIANCA, PISTELLA,
MAIALE, SERAFINI, OLASZ, RICHARDSON, DALEY, SALOOM, ITKIN,
KAISER AND BROUJOS, MAY 23, 1989
AS REPORTED FROM COMMITTEE ON BUSINESS AND COMMERCE, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 5, 1990
AN ACT
1 Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
2 act relating to the rights, obligations and liabilities of
3 landlord and tenant and of parties dealing with them and
4 amending, revising, changing and consolidating the law
5 relating thereto," providing for tenants' access to cable
6 television; and providing for remedies.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of April 6, 1951 (P.L.69, No.20), known
10 as The Landlord and Tenant Act of 1951, is amended by adding an
11 article to read:
12 ARTICLE V-B.
13 TENANTS' RIGHTS TO CABLE TELEVISION.
14 Section 501-B. Definitions.--As used in this article--
15 (1) "CATV system" or "cable television system" a system or
16 facility or part of a system or facility which consists of a set
17 of transmission paths and associated signal generation,
18 reception, amplification and control equipment which is operated
1 or intended to be operated to perform the service of receiving
2 and amplifying and distributing and redistributing signals
3 broadcast or transmitted by a television or radio station or an
4 information distribution service company, including the cable
5 communications system owner, operator or manager itself, to
6 subscribers. The term shall include the service of distributing
7 video, audio, digital, light or audio-visual signals, whether
8 broadcast or otherwise.
9 (2) "Holding a franchise" obtaining municipal consent to, or
10 approval of, the construction or operation of a CATV system and
11 the rendering of CATV services, whether granted by resolution,
12 ordinance or written agreement. The term shall include a person
13 who has constructed and is operating a CATV system within the
14 public right-of-way of a municipality which, at the time of
15 construction and initial operation of the CATV system, did not
16 require that municipal consent or approval be obtained.
17 (3) "Landlord" an individual or entity owning, controlling,
18 leasing, operating or managing multiple dwelling premises.
19 (4) "Multiple dwelling premises" any area occupied by
20 dwelling units, appurtenances thereto, grounds and facilities,
21 which dwelling units are intended or designed to be occupied or
22 leased for occupation, or actually occupied, as individual homes
23 or residences for three or more households. The term shall
24 include mobile home parks.
25 (5) "Operator" the operator of a CATV system holding a
26 franchise granted in the municipality in which the multiple
27 dwelling premises to be served is located.
28 Section 502-B. Tenants Protected.--A landlord may not
29 discriminate in rental or other charges between tenants who
30 subscribe to the services of a CATV system and those who do not.
19890H1549B3647 - 2 -
1 The landlord may, however, require reasonable compensation in
2 exchange for a permanent taking of property resulting from the
3 installation of CATV system facilities within and upon the
4 multiple dwelling premises, to be paid by an operator. The
5 compensation shall be determined in accordance with this
6 article.
7 Section 503-B. Right of Access.--A landlord may not prohibit
8 or otherwise prevent a tenant from requesting or acquiring CATV
9 services from an operator of the tenant's choice. A landlord may
10 not prevent an operator from entering the premises for the
11 purposes of constructing, reconstructing, installing or
12 servicing CATV system facilities if a tenant of a multiple
13 dwelling premises has requested CATV services. The operator
14 shall retain ownership of wiring and equipment used in
15 installation or upgrade of a CATV system in multiple dwelling
16 premises. An operator may not provide CATV service to an
17 individual dwelling unit unless permission has been given by or
18 received from the tenant occupying the unit.
19 Section 504-B. Right to Render Services.--If a tenant of a
20 multiple dwelling premises requests an operator to provide CATV
21 services, and if the operator decides that it will provide such
22 services, the operator shall so notify the landlord, in writing,
23 at least five days prior to entering the premises for the
24 purpose of commencing the initial construction or installation
25 of the CATV system facilities. The notification shall state as
26 follows: "The landlord, tenants and operators have rights
27 granted under Article V-B of the act of April 6, 1951 (P.L.69,
28 No.20), known as 'The Landlord and Tenant Act of 1951.'" The
29 right of an operator to construct, reconstruct, install or
30 repair CATV system facilities and maintain the CATV services may
19890H1549B3647 - 3 -
1 not be delayed or impaired because of giving notice under
2 section 506-B(b)(1), the assertion of a claim or the initiation
3 of legal action to enforce a claim. An operator may bring an
4 action in equity to enforce the right of access given under this
5 section.
6 Section 505-B. Compensation for Physical Damage.--An
7 operator shall be liable to the landlord for physical damage
8 caused by the installation, operation or removal of CATV system
9 facilities. A landlord may require that the installation of
10 cable television facilities conform to reasonable conditions
11 necessary to protect the safety, functioning and appearance of
12 the premises and the convenience and well-being of tenants. A <--
13 LANDLORD MAY ALSO REQUIRE THAT THE INSTALLATION OF CABLE
14 TELEVISION FACILITIES CONFORMS TO REASONABLE REQUIREMENTS AS TO
15 THE LOCATION OF MAIN CABLE CONNECTIONS TO ANY BUILDING, THE
16 ROUTING OF CABLE LINES THROUGH THE BUILDING AND THE OVERALL
17 APPEARANCE OF THE FINISHED INSTALLATION. TO THE EXTENT POSSIBLE,
18 THE LOCATION OF THE ENTRY OF A MAIN CABLE CONNECTION TO THE
19 BUILDING SHALL BE MADE AT THE SAME LOCATION AS THE ENTRY INTO
20 THE BUILDING OF PUBLIC UTILITY CONNECTIONS. A SECOND OR
21 SUBSEQUENT INSTALLATION OF CABLE TELEVISION FACILITIES, IF ANY,
22 SHALL CONFORM TO SUCH REASONABLE REQUIREMENTS IN SUCH A WAY AS
23 TO MINIMIZE FURTHER PHYSICAL INTRUSION TO OR THROUGH THE
24 BUILDING. A landlord may bring a civil action to enforce the
25 rights conferred by this section.
26 Section 506-B. Compensation for Loss of Value.--
27 (a) A landlord shall be entitled to just compensation from
28 the operator resulting from loss in value of property resulting
29 from the permanent installation of CATV system facilities.
30 Compensation shall be presumed to be one dollar ($1) for the
19890H1549B3647 - 4 -
1 permanent installation of CATV system facilities.
2 (b) If a landlord believes that the loss in value of the
3 property exceeds one dollar ($1), the issue of just compensation
4 shall be determined in accordance with the following procedure:
5 (1) Within twenty days of the date when the landlord is
6 notified that the operator intends to construct or install CATV
7 system facilities in multiple dwelling premises, the landlord
8 shall serve upon the operator written notice that the landlord
9 demands a greater amount of compensation. Unless written notice
10 is given by the landlord to the operator within the twenty-day
11 period, it shall be presumed conclusively that the landlord does
12 not claim or intend to require the payment of a sum in excess of
13 one dollar ($1) for the permanent installation of CATV system
14 facilities.
15 (2) Within thirty days from the date of the written notice
16 under clause (1), the landlord shall advise the operator, in
17 writing, of the specific amount claimed as compensation.
18 (3) Within sixty days from the receipt of the claim under
19 clause (2), the operator shall decide whether or not to agree to
20 pay the amount claimed or some other amount acceptable to the
21 landlord.
22 (4) At the expiration of the sixty-day period under clause
23 (3), if the operator has not agreed to pay the amount claimed or
24 some other amount acceptable to the landlord, has rejected the
25 landlord's claim or has not responded to it in writing, the
26 landlord may bring a civil action for compensation.
27 (5) A civil action for compensation must be commenced no
28 later than six months from the date of the written claim under
29 clause (2).
30 (6) At any time after the commencement of the civil action
19890H1549B3647 - 5 -
1 for compensation, the landlord may apply to the court in which
2 the action is pending to require the operator to give security
3 by the filing of a bond for the use of the landlord, without
4 surety, in an amount to be fixed by the court. The condition of
5 the bond shall be that the operator shall pay the amount of
6 compensation as determined by law.
7 (c) In an action brought to enforce a landlord's rights to
8 compensation, it shall be presumed that reasonable compensation
9 shall be one dollar ($1). The presumption may be rebutted and
10 overcome by evidence that the landlord has a specific
11 alternative use for the space occupied or to be occupied by CATV
12 system facilities or equipment and the loss of the space will
13 result in a monetary loss to the owner or that installation of
14 CATV system facilities upon the multiple dwelling premises will
15 otherwise substantially interfere with the use and occupancy of
16 the premises to an extent which causes a decrease in the resale
17 or rental value of the premises.
18 (d) In determining the damages to a landlord in an action
19 under this section, compensation shall be measured by the loss
20 in value of the landlord's property. An amount representing
21 increase in value of the property occurring by reason of the
22 installation of CATV system facilities shall be deducted from
23 the compensation.
24 (e) The procedure in an action to recover compensation under
25 this section shall be in accordance with the procedures set
26 forth in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
27 known as the "Eminent Domain Code," to the extent that that act
28 is not inconsistent with this section.
29 Section 507-B. Venue.--The court of common pleas of the
30 county in which the multiple dwelling premises or affected part
19890H1549B3647 - 6 -
1 is located shall have venue of actions to enforce the provisions
2 of this article.
3 SECTION 508-B. ALTERNATIVE SERVICE.--NOTHING IN THIS ACT <--
4 SHALL PRECLUDE A LANDLORD FROM OFFERING ALTERNATIVE CATV
5 SERVICES TO TENANTS PROVIDED THAT THE CONDITION OF SECTION 502-B
6 IS NOT VIOLATED.
7 SECTION 509-B. COMPLIANCE WITH REQUIREMENTS FOR HISTORICAL
8 BUILDINGS.--THE OPERATOR SHALL COMPLY WITH ALL FEDERAL, STATE OR
9 LOCAL STATUTES, RULES, REGULATIONS OR ORDINANCES WITH RESPECT TO
10 BUILDINGS LOCATED IN HISTORICAL DISTRICTS.
11 Section 2. The General Assembly finds and declares as
12 follows:
13 (1) Cable television has become an important medium of
14 public communication, education and entertainment.
15 (2) It is in the public interest to assure apartment
16 residents and other tenants of leased residential dwellings
17 access to cable television service of a quality and cost
18 comparable to service available to residents living in
19 personally owned dwellings.
20 (3) It is in the public interest to afford apartment
21 residents and other tenants of leased residential dwellings
22 the opportunity to obtain cable television service of their
23 choice and to prevent landlords from treating such residents
24 and tenants as a captive market for the sale of television
25 reception services selected or provided by the landlord.
26 Section 3. This act shall take effect in 60 days.
L27L68JRW/19890H1549B3647 - 7 -