THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY REICHLEY, GEIST, HARKINS, HORNAMAN, MILLARD, MUNDY, M. O'BRIEN, PICKETT AND SONNEY, FEBRUARY 14, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 14, 2011  

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in preemptions, providing for

municipal franchise agreements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 303.  Municipal franchise agreements.

(a)  General rule.--A municipality which seeks to enter into

or renew a municipal franchise agreement under Subch. V-A of the

Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 521 et

seq.) must, at a minimum, include provisions in the franchise

agreement that sets the amount a cable operator may charge a

subscriber for a cable converter box in accordance with the

following:

(1)  A cable operator may charge a subscriber a fee for

an initial cable converter box used by the subscriber.

(2)  A cable operator may not charge subscribers a fee

for any additional cable converter boxes used by the

subscriber.

(3)  A cable operator shall provide, upon the request of

a subscriber, up to five cable converter boxes to a

subscriber.

(b)  Validity.--A franchise agreement in violation of

subsection (a) is invalid.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Cable converter box."  An electronic tuning device rented

from a cable television operator:

(1)  which converts any of the available channels from a

cable television service to a signal viewable on a

television; and

(2)  the only function of which is to permit the

conversion of the cable operator's signal for reception on a

subscriber's television.

"Cable television operator."  A person that provides cable

service over a cable system and that:

(1)  directly or through one or more affiliates owns an

interest in that cable system; or

(2)  otherwise controls or is responsible for, through

any arrangement, the management and operation of that cable

system.

The term does not include a provider of wireless or direct-to-

home satellite transmission service.

"Direct-to-home satellite transmission."  The transmission,

distribution or broadcasting of video programming or services by

satellite directly to a subscriber's premises without the use of

ground receiving or distribution equipment, except at the site

of the subscriber or in the uplink process to the satellite.

"Person."  Any individual, partnership, association, joint

stock company, trust, corporation, government entity, limited

liability company or any other entity.

"Subscriber."  The ultimate consumer of the video programming

provided by a video programmer over any means of transmission,

other than wireless or direct-to-home satellite transmission.

The term does not include a video programmer that purchases

video dial tone transport service to provide video programming

over a video dial tone system.

"Video dial tone service."  A common carrier service for the

transport of video programming to subscribers.

"Video programmer."  A person that provides video programming

to a subscriber.

"Video programming."  Video or information programming,

whether in digital or analog format, which:

(1)  is provided by a cable operator or is generally

considered comparable to programming provided by a cable

television operator; and

(2)  upon which the cable television operator pays a

franchise fee.

The term does not include online, interactive information

services to the extent that access to those services is

accomplished via a dial-up or private telephone line or via

wireless or direct-to-home satellite transmission.

"Wireless transmission."  The distribution of video

programming using radio communications, including terrestrial-

based radio systems.

Section 2.  This act shall take effect immediately.