PRINTER'S NO. 3507
No. 2569 Session of 1988
INTRODUCED BY VAN HORNE, TRELLO, HAGARTY, McVERRY AND OLASZ,
JUNE 20, 1988
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, JUNE 20, 1988
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
19 or intended to be operated to perform the service of receiving
1 and amplifying and distributing and redistributing signals
2 broadcast or transmitted by a television or radio station or an
3 information distribution service company, including the cable
4 communications system owner, operator or manager itself, to
5 subscribers. The term shall include the service of distributing
6 video, audio, digital, light or audio-visual signals, whether
7 broadcast or otherwise.
8 (2) "Holding a franchise" obtaining municipal consent to, or
9 approval of, the construction or operation of a CATV system and
10 the rendering of CATV services, whether granted by resolution,
11 ordinance or written agreement. The term shall include a person
12 who has constructed and is operating a CATV system within the
13 public right-of-way of a municipality which, at the time of
14 construction and initial operation of the CATV system, did not
15 require that municipal consent or approval be obtained.
16 (3) "Landlord" an individual or entity owning, controlling,
17 leasing, operating or managing multiple dwelling premises.
18 (4) "Multiple dwelling premises" any area occupied by
19 dwelling units, appurtenances thereto, grounds and facilities,
20 which dwelling units are intended or designed to be occupied or
21 leased for occupation, or actually occupied, as individual homes
22 or residences for three or more households. The term shall
23 include mobile home parks.
24 (5) "Operator" the operator of a CATV system holding a
25 franchise granted in the municipality in which the multiple
26 dwelling premises to be served is located.
27 Section 502-B. Tenants Protected.--A landlord may not
28 discriminate in rental or other charges between tenants who
29 subscribe to the services of a CATV system and those who do not.
30 The landlord may, however, require reasonable compensation in
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1 exchange for a permanent taking of property resulting from the
2 installation of CATV system facilities within and upon the
3 multiple dwelling premises, to be paid by an operator. The
4 compensation shall be determined in accordance with this
5 article.
6 Section 503-B. Right of Access.--A landlord may not prohibit
7 or otherwise prevent a tenant from requesting or acquiring CATV
8 services from an operator of the tenant's choice. A landlord may
9 not prevent an operator from entering the premises for the
10 purposes of constructing, reconstructing, installing or
11 servicing CATV system facilities if a tenant of a multiple
12 dwelling premises has requested CATV services. The operator
13 shall retain ownership of wiring and equipment used in
14 installation or upgrade of a CATV system in multiple dwelling
15 premises. An operator may not provide CATV service to an
16 individual dwelling unit unless permission has been given by or
17 received from the tenant occupying the unit.
18 Section 504-B. Right to Render Services.--The right of an
19 operator to construct, reconstruct, install or repair CATV
20 system facilities and maintain the CATV services may not be
21 delayed or impaired because of giving notice under section 506-
22 B(b)(1), the assertion of a claim or the initiation of legal
23 action to enforce a claim. An operator may bring an action in
24 equity to enforce the right of access given under this section.
25 Section 505-B. Compensation for Physical Damage.--An
26 operator shall be liable to the landlord for physical damage
27 caused by the installation, operation or removal of CATV system
28 facilities. A landlord may require that the installation of
29 cable television facilities conform to reasonable conditions
30 necessary to protect the safety, functioning and appearance of
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1 the premises and the convenience and well-being of tenants. A
2 landlord may bring a civil action to enforce the rights
3 conferred by this section.
4 Section 506-B. Compensation for Loss of Value.--
5 (a) A landlord shall be entitled to just compensation from
6 the operator resulting from loss in value of property resulting
7 from the permanent installation of CATV system facilities.
8 Compensation shall be presumed to be one dollar ($1) for the
9 permanent installation of CATV system facilities.
10 (b) If a landlord believes that the loss in value of the
11 property exceeds one dollar ($1), the issue of just compensation
12 shall be determined in accordance with the following procedure:
13 (1) Within twenty days of the date when the landlord is
14 notified that the operator intends to construct or install CATV
15 system facilities in multiple dwelling premises, the landlord
16 shall serve upon the operator written notice that the landlord
17 demands a greater amount of compensation. Unless written notice
18 is given by the landlord to the operator within the twenty-day
19 period, it shall be presumed conclusively that the landlord does
20 not claim or intend to require the payment of a sum in excess of
21 one dollar ($1) for the permanent installation of CATV system
22 facilities.
23 (2) Within thirty days from the date of the written notice
24 under clause (1), the landlord shall advise the operator, in
25 writing, of the specific amount claimed as compensation.
26 (3) Within sixty days from the receipt of the claim under
27 clause (2), the operator shall decide whether or not to agree to
28 pay the amount claimed or some other amount acceptable to the
29 landlord.
30 (4) At the expiration of the sixty-day period under clause
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1 (3), if the operator has not agreed to pay the amount claimed or
2 some other amount acceptable to the landlord, has rejected the
3 landlord's claim or has not responded to it in writing, the
4 landlord may bring a civil action for compensation.
5 (5) A civil action for compensation must be commenced no
6 later than six months from the date of the written claim under
7 clause (2).
8 (6) At any time after the commencement of the civil action
9 for compensation, the landlord may apply to the court in which
10 the action is pending to require the operator to give security
11 by the filing of a bond for the use of the landlord, without
12 surety, in an amount to be fixed by the court. The condition of
13 the bond shall be that the operator shall pay the amount of
14 compensation as determined by law.
15 (c) In an action brought to enforce a landlord's rights to
16 compensation, it shall be presumed that reasonable compensation
17 shall be one dollar ($1). The presumption may be rebutted and
18 overcome by evidence that the landlord has a specific
19 alternative use for the space occupied or to be occupied by CATV
20 system facilities or equipment and the loss of the space will
21 result in a monetary loss to the owner or that installation of
22 CATV system facilities upon the multiple dwelling premises will
23 otherwise substantially interfere with the use and occupancy of
24 the premises to an extent which causes a decrease in the resale
25 or rental value of the premises.
26 (d) In determining the damages to a landlord in an action
27 under this section, compensation shall be measured by the loss
28 in value of the landlord's property. An amount representing
29 increase in value of the property occurring by reason of the
30 installation of CATV system facilities shall be deducted from
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1 the compensation.
2 (e) The procedure in an action to recover compensation under
3 this section shall be in accordance with the procedures set
4 forth in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
5 known as the "Eminent Domain Code," to the extent that that act
6 is not inconsistent with this section.
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 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.
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