PRIOR PRINTER'S NOS. 1810, 3647 PRINTER'S NO. 3799
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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 20, 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.
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
1 facility or part of a system or facility which consists of a set
2 of transmission paths and associated signal generation,
3 reception, amplification and control equipment which is operated
4 or intended to be operated to perform the service of receiving
5 and amplifying and distributing and redistributing signals
6 broadcast or transmitted by a television or radio station or an
7 information distribution service company, including the cable
8 communications system owner, operator or manager itself, to
9 subscribers. The term shall include the service of distributing
10 video, audio, digital, light or audio-visual signals, whether
11 broadcast or otherwise.
12 (2) "Holding a franchise" obtaining municipal consent to, or
13 approval of, the construction or operation of a CATV system and
14 the rendering of CATV services, whether granted by resolution,
15 ordinance or written agreement. The term shall include a person
16 who has constructed and is operating a CATV system within the
17 public right-of-way of a municipality which, at the time of
18 construction and initial operation of the CATV system, did not
19 require that municipal consent or approval be obtained.
20 (3) "Landlord" an individual or entity owning, controlling,
21 leasing, operating or managing multiple dwelling premises.
22 (4) "Multiple dwelling premises" any area occupied by
23 dwelling units, appurtenances thereto, grounds and facilities,
24 which dwelling units are intended or designed to be occupied or
25 leased for occupation, or actually occupied, as individual homes
26 or residences for three or more households. The term shall
27 include mobile home parks.
28 (5) "Operator" the operator of a CATV system holding a
29 franchise granted in the municipality in which the multiple
30 dwelling premises to be served is located.
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1 Section 502-B. Tenants Protected.--A landlord may not
2 discriminate in rental or other charges between tenants who
3 subscribe to the services of a CATV system and those who do not.
4 The landlord may, however, require reasonable compensation in
5 exchange for a permanent taking of property resulting from the
6 installation of CATV system facilities within and upon the
7 multiple dwelling premises, to be paid by an operator. The
8 compensation shall be determined in accordance with this
9 article.
10 Section 503-B. Right of Access.--A landlord may not prohibit
11 or otherwise prevent a tenant from requesting or acquiring CATV
12 services from an operator of the tenant's choice. A landlord may
13 not prevent an operator from entering the premises for the
14 purposes of constructing, reconstructing, installing or
15 servicing CATV system facilities if a tenant of a multiple
16 dwelling premises has requested CATV services. The operator
17 shall retain ownership of wiring and equipment used in
18 installation or upgrade of a CATV system in multiple dwelling
19 premises. An operator may not provide CATV service to an
20 individual dwelling unit unless permission has been given by or
21 received from the tenant occupying the unit.
22 Section 504-B. Right to Render Services.--If a tenant of a
23 multiple dwelling premises requests an operator to provide CATV
24 services, and if the operator decides that it will provide such
25 services, the operator shall so notify the landlord, in writing,
26 at least five days prior to entering the premises for the
27 purpose of commencing the initial construction or installation
28 of the CATV system facilities. The notification shall state as
29 follows: "The landlord, tenants and operators have rights
30 granted under Article V-B of the act of April 6, 1951 (P.L.69,
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1 No.20), known as 'The Landlord and Tenant Act of 1951.'" The
2 right of an operator to construct, reconstruct, install or
3 repair CATV system facilities and maintain the CATV services may
4 not be delayed or impaired because of giving notice under
5 section 506-B(b)(1), the assertion of a claim or the initiation
6 of legal action to enforce a claim. An operator may bring an
7 action in equity to enforce the right of access given under this
8 section.
9 Section 505-B. Compensation for Physical Damage.--An
10 operator shall be liable to the landlord for physical damage
11 caused by the installation, operation or removal of CATV system
12 facilities. A landlord may require that the installation of
13 cable television facilities conform to reasonable conditions
14 necessary to protect the safety, functioning and appearance of
15 the premises and the convenience and well-being of tenants. A
16 landlord may also require that the installation of cable
17 television facilities conforms to reasonable requirements as to
18 the location of main cable connections to any building, the
19 routing of cable lines through the building and the overall
20 appearance of the finished installation. To the extent possible,
21 the location of the entry of a main cable connection to the
22 building shall be made at the same location as the entry into
23 the building of public utility connections. A second or
24 subsequent installation of cable television facilities, if any,
25 shall conform to such reasonable requirements in such a way as
26 to minimize further physical intrusion to or through the
27 building. A landlord may bring a civil action to enforce the
28 rights conferred by this section.
29 Section 506-B. Compensation for Loss of Value.--
30 (a) A landlord shall be entitled to just compensation from
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1 the operator resulting from loss in value of property resulting
2 from the permanent installation of CATV system facilities.
3 Compensation shall be presumed to be one dollar ($1) for the
4 permanent installation of CATV system facilities.
5 (b) If a landlord believes that the loss in value of the
6 property exceeds one dollar ($1), the issue of just compensation
7 shall be determined in accordance with the following procedure:
8 (1) Within twenty days of the date when the landlord is
9 notified that the operator intends to construct or install CATV
10 system facilities in multiple dwelling premises, the landlord
11 shall serve upon the operator written notice that the landlord
12 demands a greater amount of compensation. Unless written notice
13 is given by the landlord to the operator within the twenty-day
14 period, it shall be presumed conclusively that the landlord does
15 not claim or intend to require the payment of a sum in excess of
16 one dollar ($1) for the permanent installation of CATV system
17 facilities.
18 (2) Within thirty days from the date of the written notice
19 under clause (1), the landlord shall advise the operator, in
20 writing, of the specific amount claimed as compensation.
21 (3) Within sixty days from the receipt of the claim under
22 clause (2), the operator shall decide whether or not to agree to
23 pay the amount claimed or some other amount acceptable to the
24 landlord.
25 (4) At the expiration of the sixty-day period under clause
26 (3), if the operator has not agreed to pay the amount claimed or
27 some other amount acceptable to the landlord, has rejected the
28 landlord's claim or has not responded to it in writing, the
29 landlord may bring a civil action for compensation.
30 (5) A civil action for compensation must be commenced no
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1 later than six months from the date of the written claim under
2 clause (2).
3 (6) At any time after the commencement of the civil action
4 for compensation, the landlord may apply to the court in which
5 the action is pending to require the operator to give security
6 by the filing of a bond for the use of the landlord, without
7 surety, in an amount to be fixed by the court. The condition of
8 the bond shall be that the operator shall pay the amount of
9 compensation as determined by law.
10 (c) In an action brought to enforce a landlord's rights to
11 compensation, it shall be presumed that reasonable compensation
12 shall be one dollar ($1). The presumption may be rebutted and
13 overcome by evidence that the landlord has a specific
14 alternative use for the space occupied or to be occupied by CATV
15 system facilities or equipment and the loss of the space will
16 result in a monetary loss to the owner or that installation of
17 CATV system facilities upon the multiple dwelling premises will
18 otherwise substantially interfere with the use and occupancy of
19 the premises to an extent which causes a decrease in the resale
20 or rental value of the premises.
21 (d) In determining the damages to a landlord in an action
22 under this section, compensation shall be measured by the loss
23 in value of the landlord's property. An amount representing
24 increase in value of the property occurring by reason of the
25 installation of CATV system facilities shall be deducted from
26 the compensation.
27 (e) The procedure in an action to recover compensation under
28 this section shall be in accordance with the procedures set
29 forth in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
30 known as the "Eminent Domain Code," to the extent that that act
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1 is not inconsistent with this section.
2 Section 507-B. Venue.--The court of common pleas of the
3 county in which the multiple dwelling premises or affected part
4 is located shall have venue of actions to enforce the provisions
5 of this article.
6 Section 508-B. Alternative Service.--Nothing in this act
7 shall preclude a landlord from offering alternative CATV
8 services to tenants provided that the condition of section 502-B
9 is not violated.
10 Section 509-B. Compliance with Requirements for Historical
11 Buildings.--The operator shall comply with all Federal, State or
12 local statutes, rules, regulations or ordinances with respect to
13 buildings located in historical districts.
14 Section 2. The General Assembly finds and declares as
15 follows:
16 (1) Cable television has become an important medium of
17 public communication, education and entertainment.
18 (2) It is in the public interest to assure apartment
19 residents and other tenants of leased residential dwellings
20 access to cable television service of a quality and cost
21 comparable to service available to residents living in
22 personally owned dwellings.
23 (3) It is in the public interest to afford apartment
24 residents and other tenants of leased residential dwellings
25 the opportunity to obtain cable television service of their
26 choice and to prevent landlords from treating such residents
27 and tenants as a captive market for the sale of television
28 reception services selected or provided by the landlord.
29 Section 3. This act shall take effect in 60 days.
30 SECTION 1. THE ACT OF APRIL 6, 1951 (P.L.69, NO.20), KNOWN <--
19890H1549B3799 - 7 -
1 AS THE LANDLORD AND TENANT ACT OF 1951, IS AMENDED BY ADDING AN
2 ARTICLE TO READ:
3 ARTICLE V-B.
4 TENANTS' RIGHTS TO CABLE TELEVISION.
5 SECTION 501-B. DEFINITIONS.--AS USED IN THIS ARTICLE--
6 (1) "CATV SYSTEM" OR "CABLE TELEVISION SYSTEM" A SYSTEM OR
7 FACILITY OR PART OF A SYSTEM OR FACILITY WHICH CONSISTS OF A SET
8 OF TRANSMISSION PATHS AND ASSOCIATED SIGNAL GENERATION,
9 RECEPTION, AMPLIFICATION AND CONTROL EQUIPMENT WHICH IS OPERATED
10 OR INTENDED TO BE OPERATED TO PERFORM THE SERVICE OF RECEIVING
11 AND AMPLIFYING AND DISTRIBUTING AND REDISTRIBUTING SIGNALS
12 BROADCAST OR TRANSMITTED BY A TELEVISION OR RADIO STATION OR AN
13 INFORMATION DISTRIBUTION SERVICE COMPANY, INCLUDING THE CABLE
14 COMMUNICATIONS SYSTEM OWNER, OPERATOR OR MANAGER ITSELF, TO
15 SUBSCRIBERS. THE TERM SHALL INCLUDE THE SERVICE OF DISTRIBUTING
16 VIDEO, AUDIO, DIGITAL, LIGHT OR AUDIOVISUAL SIGNALS, WHETHER
17 BROADCAST OR OTHERWISE.
18 (2) "LANDLORD" AN INDIVIDUAL OR ENTITY OWNING, CONTROLLING,
19 LEASING, OPERATING OR MANAGING MULTIPLE DWELLING PREMISES.
20 (3) "MULTIPLE DWELLING PREMISES" ANY AREA OCCUPIED BY
21 DWELLING UNITS, APPURTENANCES THERETO, GROUNDS AND FACILITIES,
22 WHICH DWELLING UNITS ARE INTENDED OR DESIGNED TO BE OCCUPIED OR
23 LEASED FOR OCCUPATION, OR ACTUALLY OCCUPIED, AS INDIVIDUAL HOMES
24 OR RESIDENCES FOR THREE OR MORE HOUSEHOLDS. THE TERM SHALL
25 INCLUDE MOBILE HOME PARKS.
26 (4) "OPERATOR" THE OPERATOR OF A CATV SYSTEM.
27 SECTION 502-B. TENANTS PROTECTED.--A LANDLORD OF A MULTIPLE
28 DWELLING PREMISES MAY NOT DISCRIMINATE IN RENTAL OR OTHER
29 CHARGES BETWEEN TENANTS WHO SUBSCRIBE TO THE SERVICES OF A CATV
30 SYSTEM AND THOSE WHO DO NOT.
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1 SECTION 503-B. RIGHT OF ACCESS.--A LANDLORD OF A MULTIPLE
2 DWELLING PREMISES MAY NOT PROHIBIT OR OTHERWISE PREVENT TENANTS
3 FROM REQUESTING OR ACQUIRING CATV SERVICES FROM AN OPERATOR OF
4 THE TENANT'S CHOICE. A LANDLORD MAY NOT PREVENT AN OPERATOR FROM
5 ENTERING THE PREMISES FOR THE PURPOSES OF CONSTRUCTING,
6 RECONSTRUCTING, INSTALLING OR SERVICING CATV SYSTEM FACILITIES
7 IF THE TENANTS OF A MULTIPLE DWELLING PREMISES HAS REQUESTED
8 CATV SERVICES, PROVIDED THAT THE OPERATOR HAS A LEGALLY EXECUTED
9 AGREEMENT WITH THE LANDLORD SPECIFYING THE NATURE OF THE WORK TO
10 BE PERFORMED, COMPENSATION, IF ANY, FOR DAMAGES AND LOSS OF
11 VALUE, PROVISIONS FOR OWNERSHIP AND MAINTENANCE OF THE
12 FACILITIES, PROTECTION OF TENANTS, SECURITY TO GUARANTEE
13 COMPLETION OF WORK AND RESTORATION OF THE PREMISES AND OTHER
14 SUCH MATTERS MUTUALLY AGREED TO BY THE OPERATOR AND LANDLORD.
15 THE OPERATOR SHALL RETAIN OWNERSHIP OF WIRING AND EQUIPMENT USED
16 IN INSTALLATION OR UPGRADE OF A CATV SYSTEM IN MULTIPLE DWELLING
17 PREMISES UNLESS OTHERWISE AGREED TO IN THE WRITTEN AGREEMENT. AN
18 OPERATOR MAY NOT PROVIDE CATV SERVICE TO AN INDIVIDUAL DWELLING
19 UNIT UNLESS PERMISSION HAS BEEN GIVEN BY OR RECEIVED FROM THE
20 OWNER OF THE UNIT.
21 SECTION 504-B. RIGHT TO RENDER SERVICE.--IF AT LEAST FIFTY
22 PERCENT (50%) OF THE TENANTS OF A MULTIPLE DWELLING PREMISES
23 REQUESTS AN OPERATOR TO PROVIDE CATV SERVICES, AND IF THE
24 OPERATOR DECIDES THAT IT WILL PROVIDE SUCH SERVICES, THE
25 OPERATOR SHALL SO NOTIFY THE LANDLORD, IN WRITING. THE
26 NOTIFICATION SHALL STATE AS FOLLOWS: "THE LANDLORD, TENANTS AND
27 OPERATORS HAVE RIGHTS GRANTED UNDER ARTICLE V-B OF THE ACT OF
28 APRIL 6, 1951 (P.L.69, NO.20), KNOWN AS 'THE LANDLORD AND TENANT
29 ACT OF 1951,'" AND SHALL INCLUDE A DETAILED PROPOSAL OUTLINING
30 THE NATURE OF THE WORK TO BE PERFORMED, OFFERS OF COMPENSATION,
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1 IF ANY, FOR DAMAGES AND LOSS OF VALUE, OWNERSHIP AND MAINTENANCE
2 OF THE FACILITIES, PROTECTION OF TENANTS AND PERFORMANCE
3 GUARANTEE. FAILURE TO SUBMIT A BONA FIDE PROPOSAL AT THE TIME OF
4 NOTICE WILL CONSTITUTE A WAIVER OF ALL RIGHTS GRANTED IN THIS
5 ACT. WITHIN NINETY (90) DAYS OF THE SUBMISSION OF A PROPOSAL FOR
6 CATV SERVICE, THE LANDLORD SHALL RESPOND TO THE OPERATOR'S
7 PROPOSAL. IF A FORMAL AGREEMENT IS NOT EXECUTED WITHIN NINETY
8 (90) DAYS OF THE SUBMISSION OF A PROPOSAL BY AN OPERATOR AN
9 OPERATOR MAY BRING A CIVIL ACTION ENFORCE THE RIGHT OF ACCESS
10 GIVEN UNDER THIS SECTION.
11 SECTION 505-B. COMPENSATION FOR PHYSICAL DAMAGE.--AN
12 OPERATOR SHALL BE LIABLE TO THE LANDLORD FOR PHYSICAL DAMAGE
13 CAUSED BY THE INSTALLATION, OPERATION OR REMOVAL OF CATV SYSTEM
14 FACILITIES. A LANDLORD MAY REQUIRE THAT THE INSTALLATION OF
15 CABLE TELEVISION FACILITIES CONFORM TO REASONABLE CONDITIONS
16 NECESSARY TO PROTECT THE SAFETY, FUNCTIONING AND APPEARANCE OF
17 THE PREMISES AND THE CONVENIENCE AND WELL-BEING OF TENANTS. A
18 LANDLORD MAY ALSO REQUIRE THAT THE INSTALLATION OF CABLE
19 TELEVISION FACILITIES CONFORMS TO REASONABLE REQUIREMENTS AS TO
20 THE LOCATION OF MAIN CABLE CONNECTIONS TO ANY BUILDING, THE
21 ROUTING OF CABLE LINES THROUGH THE BUILDING AND THE OVERALL
22 APPEARANCE OF THE FINISHED INSTALLATION. TO THE EXTENT POSSIBLE,
23 THE LOCATION OF THE ENTRY OF A MAIN CABLE CONNECTION TO THE
24 BUILDING SHALL BE MADE AT THE SAME LOCATION AS THE ENTRY INTO
25 THE BUILDING OF PUBLIC UTILITY CONNECTIONS. A SECOND OR
26 SUBSEQUENT INSTALLATION OF CABLE TELEVISION FACILITIES, IF ANY,
27 SHALL CONFORM TO SUCH REASONABLE REQUIREMENTS IN SUCH A WAY AS
28 TO MINIMIZE FURTHER PHYSICAL INTRUSION TO OR THROUGH THE
29 BUILDING. A LANDLORD MAY BRING A CIVIL ACTION TO ENFORCE THE
30 RIGHTS CONFERRED BY THIS SECTION.
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1 SECTION 506-B. COMPENSATION FOR LOSS OF VALUE.--A LANDLORD
2 SHALL BE ENTITLED TO JUST COMPENSATION FROM THE OPERATOR
3 RESULTING FROM LOSS IN VALUE OF PROPERTY RESULTING FROM THE
4 PERMANENT INSTALLATION OF CATV SYSTEM FACILITIES. COMPENSATION
5 SHALL BE AS AGREED TO IN THE FORMAL AGREEMENT OR AS DETERMINED
6 BY A COURT OF LAW.
7 SECTION 507-B. VENUE.--THE COURT OF COMMON PLEAS OF THE
8 COUNTY IN WHICH THE MULTIPLE DWELLING PREMISES OR AFFECTED PART
9 IS LOCATED SHALL HAVE VENUE OF ACTIONS TO ENFORCE THE PROVISIONS
10 OF THIS ARTICLE.
11 SECTION 508-B. ALTERNATIVE SERVICE.--NOTHING IN THIS ACT
12 SHALL PRECLUDE A LANDLORD FROM OFFERING ALTERNATIVE CATV
13 SERVICES TO TENANTS PROVIDED THAT THE CONDITION OF SECTION 502-B
14 IS NOT VIOLATED.
15 SECTION 509-B. COMPLIANCE WITH REQUIREMENTS FOR HISTORICAL
16 BUILDINGS.--THE OPERATOR SHALL COMPLY WITH ALL FEDERAL, STATE OR
17 LOCAL STATUTES, RULES, REGULATIONS OR ORDINANCES WITH RESPECT TO
18 BUILDINGS LOCATED IN HISTORICAL DISTRICTS.
19 SECTION 2. THE GENERAL ASSEMBLY FINDS AND DECLARES AS
20 FOLLOWS:
21 (1) CABLE TELEVISION HAS BECOME AN IMPORTANT MEDIUM OF
22 PUBLIC COMMUNICATION, EDUCATION AND ENTERTAINMENT.
23 (2) IT IS IN THE PUBLIC INTEREST TO ASSURE APARTMENT
24 RESIDENTS AND OTHER TENANTS OF LEASED RESIDENTIAL DWELLINGS
25 ACCESS TO CABLE TELEVISION SERVICE OF A QUALITY AND COST
26 COMPARABLE TO SERVICE AVAILABLE TO RESIDENTS LIVING IN
27 PERSONALLY OWNED DWELLINGS.
28 (3) IT IS IN THE PUBLIC INTEREST TO AFFORD APARTMENT
29 RESIDENTS AND OTHER TENANTS OF LEASED RESIDENTIAL DWELLINGS
30 THE OPPORTUNITY TO OBTAIN CABLE TELEVISION SERVICE OF THEIR
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1 CHOICE AND TO PREVENT LANDLORDS FROM TREATING SUCH RESIDENTS
2 AND TENANTS AS A CAPTIVE MARKET FOR THE SALE OF TELEVISION
3 RECEPTION SERVICES SELECTED OR PROVIDED BY THE LANDLORD.
4 SECTION 3. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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