PRINTER'S NO. 2269
No. 1490 Session of 2007
INTRODUCED BY EACHUS, DALEY, HARKINS, M. O'BRIEN, PASHINSKI, BELFANTI, GEORGE, CALTAGIRONE, JOSEPHS, LEVDANSKY, HORNAMAN, KULA, KIRKLAND, McILVAINE SMITH, CURRY, MUNDY, K. SMITH, STABACK, SURRA AND BRENNAN, JULY 9, 2007
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JULY 9, 2007
AN ACT 1 Amending Title 66 (Public Utilities) of the Pennsylvania 2 Consolidated Statutes, further providing for duties of the 3 Pennsylvania Public Utility Commission; and providing for 4 Statewide cable franchises and for municipal regulation of 5 franchise holders of Statewide franchises. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Title 66 of the Pennsylvania Consolidated 9 Statutes is amended by adding a chapter to read: 10 CHAPTER 30A 11 STATE-ISSUED CABLE AND VIDEO FRANCHISES 12 Sec. 13 30A01. Short title of chapter. 14 30A02. Declaration of policy. 15 30A03. Definitions. 16 30A04. State authorization to provide cable and/or video 17 service. 18 30A05. Commission responsibilities.
1 30A06. Application for Statewide cable franchise. 2 30A07. Length of Statewide franchise. 3 30A08. Termination of Statewide franchise. 4 30A09. Abandonment of service. 5 30A10. Access to public rights-of-way. 6 30A11. Municipal regulation of franchise holders. 7 30A12. Payment and remittance of franchise fee. 8 30A13. Public, educational and governmental access channels. 9 30A14. Cable operator's community commitment and 10 responsibilities. 11 30A15. Deployment requirements for Statewide cable license. 12 30A16. Discrimination in provision of service prohibited. 13 30A17. Requirement of adequate service and consumer protection. 14 30A18. Enforcement. 15 30A19. Statewide high-speed broadband assessment and 16 development. 17 § 30A01. Short title of chapter. 18 This chapter shall be known and may be cited as the Consumer 19 Choice Cable Franchising and High-speed Broadband Promotion Act. 20 § 30A02. Declaration of policy. 21 The General Assembly finds and declares as follows: 22 That it is and has been the longstanding policy of this 23 Commonwealth that every resident and business in this 24 Commonwealth has a right to have equal physical and social 25 access to adequate telecommunications services at just and 26 reasonable rates, because universal access to the benefits of 27 telephony is fundamental to effective communication, quality of 28 life, economic development, public safety and security and 29 democratic participation. Telecommunications, however, is 30 undergoing dramatic changes with new technologies driving the 20070H1490B2269 - 2 -
1 ways people communicate with one another. No matter the source 2 or vehicle by which people communicate with each other, the 3 people of this Commonwealth have the right to adequate service 4 at just and reasonable rates. Therefore, all telecommunications 5 services must meet the highest standards of quality, reliability 6 and safety, including protecting and expanding the system of 7 emergency 911 service, which requires sufficient investment in 8 telecommunications infrastructure and, as many years of 9 experience have shown, adequate staffing provided by trained 10 career employees operating under the applicable safety codes and 11 regulations. New cable television services regulation is 12 necessary to: 13 (1) Promote adequate, affordable and efficient cable 14 services to the citizens and residents of this Commonwealth. 15 (2) Promote and encourage the optimum development of the 16 educational, government and community-based service 17 potentials of the cable television medium. 18 (3) Provide just and reasonable rates for cable 19 television service without geographic discrimination. 20 (4) Protect the municipalities of this Commonwealth as 21 to the issuance of consents and agreements for the operations 22 of cable television companies in municipalities and 23 jurisdictions of municipalities. 24 (5) Protect the rights of consumers to access lawful 25 Internet content of their choice, subject to law enforcement, 26 and connect their choice of legal devices that do not harm 27 the network. 28 (6) Cooperate with the Federal Government in promoting 29 and coordinating efforts to regulate cable television 30 effectively and in the public interest. 20070H1490B2269 - 3 -
1 (7) Competition in providing cable services is emerging 2 with the convergence of pre-existing and new technologies for 3 providing voice, video and data services, which results in 4 increased investment in this Commonwealth, lower prices and 5 improved service offerings for consumers. 6 (8) Increased investment in and the potential for 7 competition in the cable service market through the provision 8 of new communications services and deployment of advanced 9 communication infrastructure further enhances economic 10 opportunities and the overall health, safety and welfare of 11 the residents of this Commonwealth. 12 (9) State-issued franchises for providing cable service 13 will promote and facilitate the deployment of advanced 14 technologies and new services ubiquitously to all communities 15 and preserve Pennsylvania's ability to compete in the 16 national and global market place for business and industry 17 and the creation and preservation of jobs. 18 (10) Modifying existing cable service regulation through 19 the enactment of new standards and procedures that provide 20 consumers with access to a competitive, facilities-based 21 cable market that also preserves the municipal authority to 22 maintain and manage public rights-of-way, collect a franchise 23 fee, administer public educational and governmental access 24 channels and ensure that competitive cable services are 25 delivered in a nondiscriminatory manner is warranted in this 26 Commonwealth. 27 (11) Nothing in this act shall be seen to limit or 28 reduce the protection afforded to cable television customers, 29 broadband Internet services customers, telephone customers 30 and customers of advanced communications services generally, 20070H1490B2269 - 4 -
1 and it is in the public interest to ensure that customers 2 continue to be provided a high level of customer protection 3 and customer service in a more competitive market. Therefore, 4 the General Assembly declares that the Commonwealth needs to 5 fundamentally reform broadband Internet access and cable 6 television to provide 21st Century technology to all 7 Pennsylvanians that is safe, reliable and affordable. 8 § 30A03. Definitions. 9 The following words and phrases when used in this chapter 10 shall have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Cable operator." Any person or group of persons who: 13 (1) provides cable service over a cable system and 14 directly or through one or more affiliates owns a significant 15 interest in such cable system; or 16 (2) otherwise controls or is responsible for, through 17 any arrangement, the management and operation of such a cable 18 system, as set forth in section 522(5) of the Cable 19 Communications Policy Act of 1984 (Public Law 98-549, 47 20 U.S.C. § 522(5)). 21 "Cable service." The one-way transmission to subscribers of 22 video programming or other programming service, and subscriber 23 interaction, if any, which is required for the selection or use 24 of such video programming or other programming service and 25 subscriber interaction, if any, which is required for the 26 selection or use of such video programming or other programming 27 service, regardless of the technology utilized by a cable 28 television company to enable such selection or use. 29 "Cable system." Any facility consisting of a set of closed 30 transmission paths and associated signal generation, reception 20070H1490B2269 - 5 -
1 and control equipment that is designed to provide cable service 2 which includes video programming without regard to the 3 technology used to deliver such video programming, including 4 Internet protocol technology or any successor technology and 5 which is provided to multiple subscribers within a community, as 6 set forth in section 522(7) of the Cable Communications Policy 7 Act of 1984 (Public Law 98-549, 47 U.S.C. § 522(7)), but the 8 term does not include: 9 (1) A facility that serves only to retransmit the 10 television signals of one or more television broadcast 11 stations. 12 (2) A facility that serves subscribers without using any 13 public rights-of-way. 14 (3) A facility of a common carrier which is subject, in 15 whole or in part, to the provisions of Title II of the 16 Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 201 et 17 seq.), except that such facility shall be considered a cable 18 system other than for purposes of section 541(c) of the Cable 19 Communications Policy Act of 1984 (Public Law 98-549, 47 20 U.S.C. § 541(c)) to the extent such facility is used in the 21 transmission of video programming directly to subscribers, 22 unless the extent of such use is solely to provide 23 interactive on-demand services. 24 (4) An open video system that complies with section 573 25 of the Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 26 573). 27 (5) Any facilities of any electric utility used solely 28 for operating its electric utility system. 29 "CATV company." Any person or group of persons who: 30 (1) provides cable service over a cable system and 20070H1490B2269 - 6 -
1 directly or through one or more affiliates owns a significant 2 interest in such cable system; or 3 (2) otherwise controls or is responsible for, through 4 any arrangement, the management and operation of such a cable 5 system. 6 "CATV system." Any facility which receives and amplifies the 7 signals broadcast by one or more television stations and 8 redistributes such signals by wire, cable or other means or 9 which distributes signals it originates or which are originated 10 by another for viewing by subscribers, whether the wire, cable 11 or other facilities are owned or leased. A CATV system shall not 12 include: 13 (1) the poles or other facilities of any telephone 14 corporation used to provide channel service as a common 15 carrier; 16 (2) a system serving not more than 250 subscribers; or 17 (3) a master antenna system servicing subscribers 18 situated on property under common ownership. 19 "Commission." The Pennsylvania Public Utility Commission, or 20 successor agency. 21 "Franchise." An initial authorization, or renewal of an 22 authorization, issued by a franchising authority, regardless of 23 whether the authorization is designated as a franchise, permit, 24 license, resolution, contract, certificate, agreement or 25 otherwise, that authorizes the construction and operation of a 26 cable system in public rights-of-way. 27 "Franchise holder." A person who has received a State-issued 28 certificate of franchise authority but has not transferred or 29 terminated such franchise authorization, in accordance with the 30 provisions of this chapter. 20070H1490B2269 - 7 -
1 "Franchising authority." The commission and municipalities 2 which are entitled to grant franchises and impose fees in 3 accordance with sections 522(10) and 542 of the Cable 4 Communications Policy Act of 1984 (Public Law 98-549, 47 U.S.C. 5 §§ 522(10) and 542). 6 "Gross revenues." Any and all revenues, including cash, 7 credits, property or consideration of any kind or nature arising 8 from, attributable to, or in any way derived directly or 9 indirectly from the operation of the franchisee's cable system, 10 including the studios and other associated facilities, to 11 provide cable services. Gross revenues include, by way of 12 illustration and not limitation, monthly fees charged 13 subscribers for any basic, optional, premium, per-channel, per- 14 program or cable programming service; installation 15 disconnection, reconnection and change-in-service fees; leased 16 channel fees; late fees and administrative fees; payments or 17 other consideration received from programmers for carriage of 18 programming on the system; revenues from rentals or sales of 19 converters or other equipment; any studio rental, production 20 equipment and personnel fees; advertising revenues; barter; 21 revenues from program guides; revenues from the sale or carriage 22 of other cable services; and revenues from home shopping 23 channels and other revenue sharing arrangements. Gross revenues 24 shall include revenues received by an entity other than the 25 franchisee, an affiliate or other entity that operates the 26 system where necessary to prevent evasion or avoidance of the 27 obligation to pay the franchise fee. The term shall not include: 28 (1) amounts not actually received, even if billed, such 29 as bad debt; refunds, rebates or discounts to subscribers or 30 third parties; or revenue imputed from the provision of cable 20070H1490B2269 - 8 -
1 services for free or at reduced rates to any person as 2 required or allowed by law, including, without limitation, 3 the provision of such services to public institutions, public 4 schools, governmental entities or employees, other than 5 forgone revenue chosen not to be received in exchange for 6 trades, barters, services or other items of value; or 7 (2) any revenue from any charges or fees derived from 8 services classified as noncable services and information 9 services and any other revenues attributed by the holder of a 10 certificate of approval or systemwide franchise to noncable 11 services in accordance with the Federal Communications 12 Commission's rules, regulations, standards or orders; amounts 13 billed to and collected from subscribers to recover any tax, 14 fee or surcharge of general applicability imposed by any 15 governmental entity on the holder of a certificate of 16 approval; or a systemwide franchise, including, without 17 limitation, sales and use taxes, gross receipt taxes, excise 18 taxes, utility user taxes, public service taxes, 19 communication taxes and any other fee not imposed. In the 20 case of cable service that may be bundled or integrated 21 functionally with other services, capabilities or 22 applications, the gross revenues shall only include those 23 charges or fees derived from or attributable to the provision 24 of cable service, as reflected on the books and records of 25 the holder of a certificate of approval or a systemwide 26 franchise, as the case may be, in accordance with the rules, 27 regulations, standards and orders of the Federal 28 Communications Commission. 29 "High-speed broadband." A communication channel using any 30 technology and having a bandwidth equal to or greater than two 20070H1490B2269 - 9 -
1 megabits per second (mps) in the downstream direction and equal 2 to or greater than one megabit in the upstream. 3 "Incumbent cable operator." The cable operator serving the 4 largest number of cable subscribers in a particular municipal 5 franchise area on the effective date of this chapter. 6 "Low-income household." A household whose income is 30% of 7 the median household income in this Commonwealth. 8 "Municipality." Cities of the first class, cities of the 9 second class, cities of the second class A, cities of the third 10 class, boroughs, incorporated towns, townships of the first 11 class, townships of the second class and home rule 12 municipalities within this Commonwealth. 13 "Person." An individual, partnership, association, joint 14 stock company, trust, corporation, government entity, limited 15 liability company or any other entity. 16 "Public rights-of-way." The areas on, below or above public 17 roadways, highways, streets, public sidewalks, alleys, waterways 18 or utility easements in which a municipality has an interest. 19 "Service area." For corporations providing 20 telecommunications services, the term includes the entire 21 territory in which the company provides telecommunications 22 service. 23 "Video programming." Programming provided by, or generally 24 considered comparable to programming provided by, a television 25 broadcast station, as set forth in section 522(20) of the Cable 26 Communications Policy Act of 1984 (Public Law 98-549, 47 U.S.C. 27 § 522(20)). 28 § 30A04. State authorization to provide cable and/or video 29 service. 30 (a) General rule.--Notwithstanding any other law to the 20070H1490B2269 - 10 -
1 contrary and subject to the provisions of this chapter, a person 2 seeking to provide cable service in this Commonwealth after the 3 effective date of this chapter may file an application for a 4 Statewide franchise with the commission as required by this 5 section. This section does not preclude cable operators from 6 filing individual applications under this chapter, however, a 7 person seeking to provide cable service in this Commonwealth, 8 whether a Statewide franchise under this section or section 9 30A06 (relating to application for Statewide cable franchise) or 10 a municipal franchise under section 30A11 (relating to municipal 11 regulation of franchise holders) shall be subject to all other 12 provisions of this chapter. 13 (b) Compliance.--A person filing an application for a 14 Statewide franchise with the commission shall be required upon 15 receipt of such franchise to comply with section 30A14(f) 16 (relating to cable operator's community commitment and 17 responsibilities) with regard to all in-State broadband and 18 broadband-capable facilities and lines built during the initial 19 build-out period pursuant to the authorization provided by such 20 franchise and for the period of the initial build-out period 21 with regard to such person's in-State broadband and broadband- 22 capable facilities and lines in existence when such franchise 23 becomes effective. 24 (c) Grandfather provision.--A person including an incumbent 25 cable operator providing cable service under a franchise 26 agreement with a franchising authority which existed prior to 27 the effective date of this chapter is not subject to this 28 section until the franchise agreement expires at the end of its 29 original or any mutually agreeable renewal term, or unless and 30 until the franchising authority and entity providing cable 20070H1490B2269 - 11 -
1 service mutually agree to terminate the existing franchise 2 agreement. 3 (d) Restrictions.--Nothing in this section shall restrict a 4 cable operator from applying to the commission for a Statewide 5 franchise authority to provide cable and/or video service in 6 territories of this Commonwealth. 7 (e) Franchising authority.--The commission shall have the 8 franchising authority to issue Statewide franchises to provide 9 cable service under this chapter. Neither the commission nor any 10 municipality in this Commonwealth may require a franchise holder 11 to obtain any separate or additional franchise or otherwise 12 impose any fee or other requirement, including, but not limited 13 to, the regulation of cable service rates, on any franchise 14 holder as a condition of providing cable service, except as 15 provided in this chapter. 16 § 30A05. Commission responsibilities. 17 (a) General rule.--The commission shall assign existing 18 permanent staff of such legal, technical and other employees of 19 the commission as may be required for the proper conduct of its 20 cable franchising responsibilities under this chapter. The 21 powers and duties of the commission with respect to Statewide 22 franchise shall not exceed those prescribed in this chapter. 23 (b) Power and duties.--The commission shall be responsible 24 for establishing additional administrative procedures not 25 explicitly granted in this chapter for the issuance of a 26 Statewide franchise in accordance with the provisions of this 27 chapter. The commission's administrative powers and duties shall 28 be limited to the provisions found in section 30A06 (relating to 29 application for Statewide cable franchise) and additional 30 powers, including the: 20070H1490B2269 - 12 -
1 (1) development of procedures to submit, review and 2 document applications filed with the commission; 3 (2) review of the initial submission and any updates of 4 the general description of the service area footprint to be 5 served or expanded, including, if applicable, any area within 6 a municipality to be served by an applicant; 7 (3) determination and notice of incomplete applications; 8 (4) approval of applications and amended applications, 9 or denial of such applications within the periods designated 10 under the provisions of this article; 11 (5) issuance to applicants whose applications are 12 approved for Statewide franchises to provide cable service in 13 the service area footprint described in the application; to 14 construct, upgrade, operate or maintain a network capable of 15 providing such service; and to use and occupy the public 16 rights-of-way in the delivery of that service; 17 (6) development of procedures to review and document the 18 transfer or termination of a Statewide franchise; 19 (7) establish regulations to deal with any consumer 20 complaints or complaints alleging violations of any 21 provisions of this chapter. Such regulations shall be easily 22 accessible to Commonwealth residents and shall be posted on 23 the Internet. The commission shall also provide consumer 24 complaint forms on the Internet. In addition to any other 25 authority granted by law, the Office of Consumer Advocate and 26 the Office of Small Business Advocate shall have the 27 authority to represent the interests of consumers under this 28 chapter; and 29 (8) establish procedures for the periodic review of the 30 compliance of Statewide franchises with the rules, 20070H1490B2269 - 13 -
1 regulations and commitments required in this chapter. 2 § 30A06. Application for Statewide cable franchise. 3 (a) General rule.--Any person desiring to provide cable 4 service in this Commonwealth after the effective date of this 5 chapter may file an application for a Statewide franchise with 6 the commission as required by this section. 7 (b) Contents of application.--Applications for a Statewide 8 franchise shall contain and be limited to: 9 (1) A statement that the applicant has filed or will 10 timely file with the Federal Communications Commission all 11 forms required by that agency in advance of offering cable 12 service in this Commonwealth. 13 (2) A statement that the applicant agrees to comply with 14 all other applicable Federal and State statutes and 15 regulations and all generally applicable municipal ordinances 16 and regulations regarding the time, place and manner of using 17 and occupying public rights-of-way adopted in accordance with 18 Federal and State law. 19 (3) A general description of the service area footprint 20 to be served, including, if applicable, any area within a 21 municipality to be served by the applicant. The description 22 may be set forth on one or more maps. If the applicant is a 23 telecommunications carrier or an affiliate of a 24 telecommunications carrier, the service area shall include a 25 description of the territory in which the company provides 26 telephone service. Descriptions of service area footprints 27 shall be updated by the applicant prior to the expansion of 28 cable service to a previously undesignated service area and, 29 upon such expansion, written notice shall be given to the 30 commission of the new service area to be served by the 20070H1490B2269 - 14 -
1 applicant. The State-issued franchise area and any service 2 area within the franchise area may extend beyond the area or 3 areas where the applicant has preexisting authority to occupy 4 the public rights-of-way. 5 (4) The location of the applicant's principal place of 6 business, the names of the applicant's principal executive 7 officers, and the name, address and telephone number of an 8 officer, general partner or other employee of the applicant 9 who will be responsible for ongoing communications with the 10 commission. 11 (5) The name and location of the principal place of 12 business of the applicant's parent company, if any. 13 (6) The signature of an officer or general partner of 14 the applicant verifying the information set forth in the 15 application. 16 (7) Demonstration that the financial, technical, 17 managerial and legal character and other qualifications 18 needed to construct, operate and maintain the necessary plant 19 and to provide service in a safe, adequate and proper manner, 20 including compliance with the act of July 9, 1990 (P.L.340, 21 No.78), known as the Public Safety Emergency Telephone Act. 22 (8) A record of compliance with Federal, State and local 23 laws. 24 (9) Commitment that all installation, maintenance, 25 billing, customer service and associated work related to the 26 provision of cable television service will be performed in 27 this Commonwealth. 28 (10) Additional information as needed by the commission. 29 (c) List of municipalities.--Upon filing an application with 30 the commission for a systemwide franchise agreement pursuant to 20070H1490B2269 - 15 -
1 subsection (b), the applicant shall include a list of the 2 specific municipalities to which CATV service will be provided 3 or extended, the anticipated construction and deployment dates 4 and the anticipated date on which service will be offered and a 5 certified statement that such deployment will meet the 6 requirements of sections 30A15 and 30A16. The applicant shall 7 concurrently provide a copy of the application to each affected 8 municipality. 9 (d) Notification.--Within 15 business days after it receives 10 the application, the commission shall: 11 (1) determine whether an application submitted is 12 incomplete; and 13 (2) if so, the commission shall notify the applicant 14 that the application is incomplete and identify the 15 information that the commission must receive from the 16 applicant to make the application complete. 17 (e) Application decision.--Within 120 days after it receives 18 the completed application, the commission shall approve the 19 application and issue a Statewide franchise to the applicant or 20 deny the application. Within 120 days of the receipt, the 21 commission shall schedule three public hearings to be held in 22 different geographical areas of this Commonwealth to gain public 23 comment in consideration of the application. On or before the 24 expiration of the 120-day period, the commission shall issue an 25 order in writing approving the application if the applicant has 26 complied with the requirements for a Statewide franchise, or the 27 commission shall disapprove the application in writing, citing 28 the reasons for disapproval if the commission determines that 29 the application for a Statewide franchise does not comply with 30 the requirements for a Statewide franchise. The commission may 20070H1490B2269 - 16 -
1 deny the application only if the applicant has failed to state 2 in the application the information and representations required 3 by subsection (b). If the commission denies the application, it 4 must specify with particularity the reason or reasons for the 5 denial, and the applicant may amend its application to cure any 6 deficiency. The commission shall decide upon the amended 7 application within 60 business days of its submission to the 8 commission by the applicant. If the commission denies the 9 application, the commission shall schedule a public meeting with 10 the applicant to explain to the applicant the reasons for the 11 commission's disapproval. The meeting shall be scheduled no 12 later that 30 days following the expiration of the 120-day 13 review period as required by this subsection. The applicant 14 shall have 30 days following the date of the meeting with the 15 commission to file an appeal of the board's decision. The 16 commission shall thereafter schedule an administrative hearing 17 not later than the 30th day following the date of the filing of 18 the applicant's appeal in order to consider the applicant's 19 appeal. The commission shall issue a final decision in written 20 form on the applicant's appeal not later than the 60th day 21 following the administrative hearing, required by this 22 subsection, on the applicant's appeal. After an administrative 23 period an applicant may challenge a denial of its application or 24 amended application in any court of competent jurisdiction. 25 (f) Contents of franchise authorization.--A Statewide 26 franchise authorization shall contain: 27 (1) A grant of a franchise to provide cable service in 28 the service area footprint described in the application, and 29 to construct, upgrade, operate or maintain a network capable 30 of providing such service, except where a network grant is 20070H1490B2269 - 17 -
1 not required to use and occupy public rights-of-way in the 2 delivery of that service. 3 (2) A statement that the franchise grant in paragraph 4 (1) is subject to lawful operation of the cable service by 5 the applicant or its successor in interest. 6 (g) Preexisting authority.--An applicant having preexisting 7 authority to utilize public rights-of-way is required to obtain 8 a Statewide franchise prior to the actual provision of cable 9 service on a commercial basis directly to subscribers. However, 10 such an applicant is not required to obtain a Statewide 11 franchise or any municipality authorization, except for being 12 subject to municipal right-of-way requirements, in order to 13 construct, upgrade, operate or maintain a network that is 14 capable of providing cable service. 15 (h) Nontransferability.--A systemwide franchise issued by 16 the commission shall be nontransferable, except by written 17 consent. In order to grant such consent the commission shall: 18 (1) Develop rules and procedures to ensure that any 19 company applying for a transfer shall meet all Statewide 20 franchisee requirements and commitments included with this 21 chapter. 22 (2) Obtain a commitment from company obtaining the 23 transfer that any collective bargaining agreement entered 24 into by a CATV provider shall continue to be honored, paid or 25 performed to the same extent as would be required if the CATV 26 provider continued to operate under its franchise for the 27 duration of that franchise unless the duration of that 28 agreement is limited by its terms or by Federal or State law. 29 § 30A07. Length of Statewide franchise. 30 A Statewide franchise issued by the commission shall be valid 20070H1490B2269 - 18 -
1 for six years from the date of issuance. Renewal of a Statewide 2 franchise shall be valid for a period of six years from the date 3 of the renewal issuance, and the commission shall establish 4 rules governing the renewal of a Statewide franchise. 5 § 30A08. Termination of Statewide franchise. 6 (a) General rule.--A franchise shall terminate at the 7 expiration of its term or otherwise in accordance with the 8 provisions thereof, unless, prior thereto, the commission 9 otherwise orders. 10 (b) Commission ordering termination.--The commission may 11 order a termination only if it finds, after public notice and 12 opportunity for a hearing, that the franchisee: 13 (1) has committed a material breach of its franchise or 14 any applicable provision of this chapter or of the 15 regulations promulgated under this chapter and has failed, 16 without reasonable justification, to cure said breach within 17 60 days after having received written notice thereof from the 18 commission; 19 (2) has not met the requirements of sections 30A15 20 (relating to deployment requirements for Statewide cable 21 license) and 30A16 (relating to discrimination in provision 22 of service prohibited); or 23 (3) has been adjudicated a bankrupt or has filed a 24 voluntary petition for bankruptcy or reorganization or for an 25 order protecting its assets from the claims of creditors and 26 the commission finds that termination of the franchise or 27 certificate of confirmation under such conditions is in the 28 best interest of the public. 29 (c) Upon termination.--Upon termination of a franchise or 30 certificate of confirmation, the cable operator shall dispose of 20070H1490B2269 - 19 -
1 its facilities in accordance with the provisions of the 2 franchise or certificate. However, on motion of any interested 3 party or upon its own motion, and after public notice and 4 opportunity for hearing, if the commission finds that the 5 continued presence of the facilities in any public thoroughfare 6 would pose a nuisance to the municipality or its residents, the 7 operator shall remove its facilities within such period as the 8 commission shall order. In the absence of any applicable 9 franchise or certificate provision or order by the commission to 10 the contrary, the cable television company may abandon its 11 facilities. 12 § 30A09. Abandonment of service. 13 (a) General rule.--No cable operator may abandon any service 14 or portion thereof without giving six months' prior written 15 notice to the commission and to the franchisor, if any, and to 16 the municipalities it serves. 17 (b) Written consent.--When abandonment of any service is 18 prohibited by a franchise, no cable operator may abandon such 19 service without written consent of the commission. In granting 20 such consent, the commission may impose such terms, conditions 21 or requirements as in its judgment are necessary to protect the 22 public interest. 23 § 30A10. Access to public rights-of-way. 24 (a) General rule.--Municipalities shall allow a franchise 25 holder under this chapter to install, construct and maintain 26 facilities capable of providing cable and/or video service 27 within public rights-of-way within the jurisdiction of the 28 municipality under the same terms and conditions as applicable 29 to public utility corporations under applicable Federal and 30 State law. 20070H1490B2269 - 20 -
1 (b) Nondiscrimination.--No municipality shall discriminate 2 against a franchise holder regarding the authorization or 3 placement of a communications network in public rights-of-way, 4 access to a building or a utility pole attachment term. All 5 municipality public right-of-way requirements applicable to 6 cable operators and video service providers must be 7 competitively neutral, reasonable and nondiscriminatory. 8 (c) Construction permits and licenses.--In the exercise of 9 their lawful regulatory authority, municipalities shall promptly 10 process all valid and administratively complete applications of 11 a franchise holder for a permit or license to excavate, set 12 poles, locate lines, construct facilities, make repairs, affect 13 traffic flow or other similar approvals. The municipality shall 14 make every reasonable effort not to delay or unduly burden the 15 franchise holder in the timely conduct of the holder's business. 16 (d) Expedited response or repair.--In the event of fire, 17 flooding, accident or other exigent circumstances necessitating 18 immediate response work or repair by the franchise holder, the 19 franchise holder may begin the repair or response work without 20 prior approval from the affected municipality, provided, 21 however, that the franchise holder shall notify the municipality 22 as promptly as reasonably possible after beginning the work and 23 shall subsequently obtain any approval required by a municipal 24 ordinance applicable to expedited response or repair work. 25 (e) Indemnity in connection with public rights-of-way.--A 26 franchise holder shall indemnify and hold a municipality and its 27 officers and employees harmless against any and all claims, 28 lawsuits, judgments, costs, liens, losses, expenses, fees, 29 including reasonable attorneys' fees and costs of defense, 30 proceedings, actions, demands, causes of action, liability and 20070H1490B2269 - 21 -
1 suits of any kind and nature, including personal or bodily 2 injury or death, property damage or other harm for which 3 recovery of damages is sought, that is found by a court of 4 competent jurisdiction to be caused solely by the negligent act, 5 error or omission of the franchise holder or any agent, officer, 6 director, representative, employee, affiliate or subcontractor 7 of the franchise holder or their respective officers, agents, 8 employees, directors or representatives, while installing, 9 repairing or maintaining facilities in a municipality public 10 right-of-way. The indemnity provided by this subsection does not 11 apply to any liability resulting from the negligence of the 12 municipality or its officers, employees, contractors or 13 subcontractors. If the franchise holder and the municipality are 14 found jointly liable by a court of competent jurisdiction, 15 liability shall be apportioned comparatively in accordance with 16 the laws of this Commonwealth without, however, waiving any 17 governmental immunity available to the municipality under State 18 law and without waiving any defenses of the parties under State 19 law. This subsection is solely for the benefit of the 20 municipality and the franchise holder and does not create or 21 grant any rights, contractual or otherwise, for or to any other 22 person or entity. 23 (f) Written notice.--A franchise holder and a municipality 24 shall promptly advise the other in writing of any known claim or 25 demand against the holder or the municipality related to or 26 arising out of the holder's activities in a public right-of-way. 27 § 30A11. Municipal regulation of franchise holders. 28 A municipality may: 29 (1) Exercise its nondiscriminatory police power with 30 respect to its public rights-of-way and a franchise holder's 20070H1490B2269 - 22 -
1 use thereof, which may include requiring the holders to 2 provide the municipality with maps showing the location of 3 its cable system and its communications facilities, if any, 4 within the municipality. 5 (2) Receive and mediate cable service quality complaints 6 from a franchise holder's customers within the municipality. 7 (3) Require a franchise holder who is providing cable 8 service within the municipality to register with the 9 municipality, maintain a point-of-contact and provide notice 10 of any franchise authorization transfer to the municipality 11 within 14 business days after the completion of the transfer. 12 (4) Establish reasonable guidelines regarding the use of 13 public, educational and governmental access channels within 14 the municipality in addition to those established under this 15 chapter. 16 (5) Nothing in this title shall be construed to preclude 17 the continued provision or offering of telecommunications 18 services by a political subdivision. 19 § 30A12. Payment and remittance of franchise fee. 20 (a) General rule.--A franchise holder who offers cable 21 service within the jurisdiction of a municipality shall 22 calculate and remit to the municipality at the end of each 23 calendar year quarter a franchise fee as provided in this 24 section. The obligation to calculate and remit the franchise fee 25 to a municipality shall begin immediately upon provision of 26 cable service within that municipality's jurisdiction. However, 27 the first remittance shall not be due until the end of the first 28 calendar year quarter that is at least 180 days after the 29 provision of cable service began. 30 (b) Calculation of franchise fee.--The franchise fee shall 20070H1490B2269 - 23 -
1 be calculated as a percentage of the franchise holder's gross 2 revenues equal to the franchise fee percentage applied by the 3 municipality to the incumbent cable operator in the 4 municipality, or when no incumbent cable operator exists, a 5 percentage agreed to by the holder and the municipality or, 6 absent such agreement, a percentage prescribed by the 7 municipality in an ordinance, provided, however, that the 8 percentage shall not exceed 5%. After the expiration of the 9 incumbent cable operator's franchise, a municipality may, by 10 ordinance, change the percentage applied to the gross revenues 11 of the franchise holder and the incumbent cable operator, 12 provided that after such change the percentage shall not exceed 13 5% and shall apply equally to all cable operators operating 14 within the municipality. 15 (c) Documentation.--No fee under this section will become 16 due until the municipality certifies and provides documentation 17 to the franchise holder supporting the percentage paid by any 18 incumbent cable operator serving the area within the 19 municipality's jurisdiction. 20 (d) Restrictions.--No municipality or any other political 21 subdivision of this Commonwealth may assess any additional fees 22 or charges or other remuneration of any kind from a franchise 23 holder other than as set forth in this section or in section 24 30A13 (relating to public, educational and governmental 25 channels). 26 (e) Application to bundled services.--For purposes of this 27 section, in the case of a cable service that may be bundled or 28 integrated functionally with other services, capabilities or 29 applications, the franchise fee shall be applied only to the 30 gross revenues, as defined in this chapter, attributable to 20070H1490B2269 - 24 -
1 cable service, as reflected on the books and records of the 2 holder in accordance with generally accepted accounting 3 principles and Federal Communications Commission rules, 4 regulations, standards or orders, as applicable. 5 (f) Remittance and review of franchise fee.--The franchise 6 fee shall be remitted to the applicable municipality quarterly, 7 within 45 days after the end of the quarter for the preceding 8 calendar quarter. Each payment shall be accompanied by a summary 9 explaining the basis for the calculation of the franchise fee. 10 Not more than once annually, a municipality may examine the 11 franchise holder's business records to the extent reasonably 12 necessary to ensure compensation in accordance with this 13 section. Each party shall bear the party's own costs of the 14 examination. Any claims by a municipality that compensation is 15 not in accordance with this section, and any claims for refunds 16 or other corrections to a remittance of a franchise holder, must 17 be made within three years and 45 days of the end of the quarter 18 for which compensation is remitted or three years from the date 19 of remittance, whichever is later. Either a municipality or a 20 franchise holder may, in the event of a dispute concerning 21 compensation under this section, bring an action in a court of 22 competent jurisdiction. 23 § 30A13. Public, educational and governmental access channels. 24 (a) General rule.--A franchise holder shall provide 25 municipalities it serves with capacity in its cable service to 26 allow public, educational and governmental (PEG) access 27 channels. For the purposes of this section, PEG channels shall 28 be defined as analog channels of six Mhz bandwidth or the same 29 as any other channel on the basic tier, whichever is greater. In 30 addition to the requirements set forth in this section, the 20070H1490B2269 - 25 -
1 commission may issue additional rules or guidelines regarding 2 PEG access channels. The holder shall provide the same ancillary 3 services to the PEG channels as the incumbent providers. 4 (b) Provisioning of access channels.--The franchise holder 5 shall designate a sufficient amount of capacity on its cable 6 service to allow the provision of a comparable number of PEG 7 access channels or hours of programming that the incumbent cable 8 operator has activated and provided within the municipality 9 under the terms of its franchise agreement as of the effective 10 date of this chapter. If a municipality did not have PEG access 11 channels as of that date, the cable operator shall furnish to 12 the municipality upon request up to three PEG access channels 13 for a municipality with a population of at least 50,000 and up 14 to two PEG access channels for a municipality with a population 15 of less than 50,000. The holder shall have 12 months from the 16 date the municipality requests such PEG access channels to 17 designate the PEG access channel capacity, provided, however, 18 that the 12-month period shall be tolled by any period during 19 which the designation or provision of PEG access channel 20 capacity is technically infeasible, including any failure or 21 delay of the incumbent cable operator to make adequate 22 interconnection available, as required by this section. In 23 cities with a population of 80,000 or more persons, if a system 24 has total activated bandwidth in excess of 862 Mhz then at least 25 two additional PEG channels shall be set aside by the holder, 26 including one for public access. 27 (c) Channel responsibility.--The content and operation of 28 any PEG access channel provided pursuant to this section shall 29 be the responsibility of the municipality receiving the benefit 30 of such channel, and the franchise holder bears only the 20070H1490B2269 - 26 -
1 responsibility for the transmission of such channel, subject to 2 technological constraints. The franchise holder shall be 3 responsible for providing the connectivity, as well as other 4 equipment necessary, to each PEG access channel programming 5 distribution location and for doing so without charge for up to 6 the first 200 feet of the holder's connecting facilities. 7 (d) Transmission of municipal programming.--The 8 municipality, or its designees, must ensure that all 9 transmissions, content or programming to be transmitted over a 10 PEG access channel or facility by a franchise holder are 11 provided or submitted to the franchise holder in a manner or 12 form that is capable of being accepted and transmitted by the 13 franchise holder, without requirement for additional alteration 14 or change in the content by the franchise holder, over the 15 franchise holder's cable service. The municipality's provision 16 of PEG content to the franchise holder shall constitute 17 authorization for the franchise holder to carry such content 18 including, at the franchise holder's option, beyond the 19 jurisdictional boundaries of the municipality. 20 (e) Interconnection.--Each franchise holder and incumbent 21 cable operator shall use reasonable efforts to interconnect 22 their facilities for the purpose of providing PEG access channel 23 programming. Interconnection may be accomplished by direct 24 cable, microwave link, satellite or other reasonable method of 25 connection. Franchise holders and incumbent cable operators 26 shall negotiate in good faith and incumbent cable operators may 27 not withhold interconnection of PEG channels. In the event a 28 franchise holder and an incumbent cable operator cannot reach a 29 mutually acceptable interconnection agreement, then the duty of 30 the holder shall be discharged if the holder makes 20070H1490B2269 - 27 -
1 interconnection available to the channel originator at a point 2 on the franchise holder's network, as determined by the 3 franchise holder. 4 (f) Use of PEG channels.--The PEG channels shall be for the 5 exclusive use of the local entity or its designee to provide 6 public, educational and governmental channels. The PEG channels 7 shall be used only for noncommercial purposes. However, 8 advertising, underwriting or sponsorship recognition may be 9 carried on the channels for the purpose of funding PEG-related 10 activities. The PEG channels shall all be carried on the basic 11 service tier. To the extent feasible, the PEG channel shall not 12 be separated numerically from other channels carried on the 13 basic service tier and the channel numbers for the PEG channels 14 shall be the same channel numbers used by the incumbent cable 15 operator unless prohibited by Federal law. After the initial 16 designation of PEG channel numbers, the channel numbers shall 17 not be changed without the agreement of the local entity unless 18 the change is required by Federal law. Each channel shall be 19 capable of carrying a national television system committee 20 (NTSC) television signal. 21 (g) Content.--The content to be provided over the PEG 22 channel capacity provided pursuant to this section shall be the 23 responsibility of the local entity or its designee receiving the 24 benefit of that capacity, and the holder of a State franchise 25 bears only the responsibility for the transmission of that 26 content, subject to technological constraints. 27 (h) PEG signal and capacity.--The PEG signal shall be 28 receivable by all subscribers, whether they receive digital or 29 analog service, or a combination thereof, without the need for 30 any equipment other than the equipment necessary to receive the 20070H1490B2269 - 28 -
1 lowest cost tier of service. The PEG access capacity provided 2 shall be of similar quality and functionality to that offered by 3 commercial channels on the lowest cost tier of service unless 4 the signal is provided to the holder at a lower quality or with 5 less functionality. 6 (i) Unsatisfied obligations.--After January 1, 2007, and 7 until the expiration of the incumbent cable operator's 8 franchise, if the incumbent cable operator has existing 9 unsatisfied obligations under the franchise to remit to the 10 local entity or its designee any cash payments for the ongoing 11 costs of public, educational and government access channel 12 facilities, the local entity or its designee for the public 13 access channels shall divide those cash payments among all cable 14 providers as provided in this section. The fee shall be the 15 holder's pro rata per-subscriber share of the cash payment 16 required to be paid by the incumbent cable operator to the local 17 entity or its designee community access organization for the 18 costs of PEG channel facilities. All video service providers and 19 the incumbent cable operator shall be subject to the same 20 requirements for recurring payments for the support of PEG 21 channel facilities, whether expressed as a percentage of gross 22 revenue or as an amount per subscriber, per month or otherwise. 23 (j) Local fee for ongoing support.--A local entity shall 24 establish a fee for the ongoing support of the cost of PEG 25 facilities and services that would become effective subsequent 26 to the expiration of any fee imposed by this chapter, provided, 27 however, that no such fee shall be allocated such that any 28 community access organization is receiving anything less than 29 what it is receiving from the cable operator on the effective 30 date of this chapter. If, on December 31, 2007, a local entity 20070H1490B2269 - 29 -
1 or its designee is imposing a separate fee to support PEG 2 channel facilities that is in excess of 2%, that entity or its 3 designee may establish a fee no greater than that separate fee, 4 and in no event greater than 3%, to support PEG activities. If 5 the PEG support fee imposed by a local entity or its designee is 6 expressed in a manner other than as a percentage of gross 7 revenues, the local entity or its designee community access 8 organization may convert that fee to a currently equivalent 9 percentage of gross revenues at any time. The local entity or 10 its designee may adopt requirements for the provision of PEG- 11 related in-kind resources by all cable service providers. 12 (k) Rules governing channel time and facilities.--Rules and 13 regulations adopted by the community access organization shall 14 govern the use of any channel time on the public channels as 15 well as the equipment, facilities and services related to the 16 public channels. 17 (l) Enforcement.--The commission, through an administrative 18 proceeding, shall have the original jurisdiction to enforce any 19 requirements under this section to resolve any dispute regarding 20 the requirements set forth in this section. After the 21 administrative process is exhausted, a court of competent 22 jurisdiction shall have jurisdiction to enforce any requirement 23 under this section or resolve any dispute regarding the 24 requirements set forth in this section, and no cable operator 25 may be barred from the provision of cable service or be required 26 to terminate cable service as a result of such dispute or 27 enforcement action. 28 § 30A14. Cable operator's community commitment and 29 responsibilities. 30 (a) General rule.--Cable operators shall make the following 20070H1490B2269 - 30 -
1 commitments to the communities they serve. 2 (b) Provision of basic service to public institutions.-- 3 Cable operators shall install and retain or provide, without 4 charge, one service outlet activated for basic service to any 5 and all fire stations, public schools, police stations, public 6 libraries and other such buildings used for municipal purposes. 7 (c) Provision of Internet service to public institutions.-- 8 Cable operators shall provide high-speed broadband Internet 9 service, without charge, through one service outlet activated 10 for basic service to any and all fire stations, public schools, 11 police stations, public libraries and other such buildings used 12 for municipal purposes. 13 (d) Equipment and training.--A cable operator shall provide 14 equipment and training for access users without charge, on a 15 schedule to be agreed upon between the municipality and the CATV 16 company. 17 (e) Return feed.--The CATV company shall provide a return 18 feed from any one location in the municipality, without charge, 19 to the CATV company's headend or other location of 20 interconnection to the cable television system for public, 21 educational or governmental use, which return feed, at a 22 minimum, provides the ability for the municipality to cablecast 23 live or taped access programming, in real time, as may be 24 applicable to the CATV company's customers in the municipality. 25 No CATV company is responsible for providing a return access 26 feed unless a municipality requests such a feed in writing. A 27 CATV company that has interconnected with another CATV company 28 may require the second CATV company to pay for one-half of the 29 CATV company's absorbed costs for extension. 30 (f) Cable operator responsibilities.--Cable operators are 20070H1490B2269 - 31 -
1 responsible to: 2 (1) clearly and conspicuously disclose to users, in 3 plain language, accurate information concerning any terms, 4 conditions or limitations on the broadband network service 5 they offer, the speeds of the download and uploading speeds 6 of the provider's high-speed broadband Internet service; 7 (2) interconnect their facilities with the facilities of 8 other providers of broadband network services on reasonable 9 and nondiscriminatory terms or conditions; and 10 (3) not prohibit a user from attaching or using a device 11 on the provider's network that does not physically damage or 12 materially degrade other users' utilization of the network. 13 § 30A15. Deployment requirements for Statewide cable license. 14 (a) General rule.--As part of any franchise issued by the 15 commission under this chapter, a cable operator shall be 16 required to deploy cable service in their entire service 17 territory. 18 (b) Deployment requirements.--Deployment requirements for 19 cable operators with more than 250,000 or more local exchange or 20 long-distance lines in this Commonwealth: 21 (1) Within three years of the issuance of the Statewide 22 license: 23 (i) The operator shall provide access to its cable 24 service including high-speed broadband Internet service 25 on a commercial basis to a number of households at least 26 equal to 35% of the customer households in the franchise 27 holder's service area. 28 (ii) At least 25% of the households with access to 29 the holder's cable and high-speed broadband Internet 30 service on a commercial basis shall be low-income 20070H1490B2269 - 32 -
1 households. 2 (2) Within six years of the issuance of the Statewide 3 license: 4 (i) the operator shall provide access to its cable 5 and high-speed broadband Internet service on a commercial 6 basis to 70% of the households in its service area; and 7 (ii) at least 30% of the households with access to 8 the holder's cable and high-speed broad band Internet 9 service on a commercial basis shall be low-income 10 households. 11 (3) Within 12 years of the issuance of the initial 12 Statewide license, the operator, if it obtained a franchise 13 renewal, or any transferee shall provide access to its cable 14 and high-speed broadband Internet service on a commercial 15 basis service to all of the households in its service area 16 subject to its line extension policy. 17 (4) After three years of providing service under this 18 subsection, the license holder may apply to the commission 19 for an extension of subsection (b)(1) and (2) if ten percent 20 of the households with access to the operator's cable service 21 have not subscribed to the license holder's cable service for 22 six consecutive months within three years after it begins 23 offering service. 24 (c) Deployment requirements for incumbent cable companies 25 that become Statewide franchise holders.--Incumbent cable 26 companies that become Statewide franchise holders shall not 27 reduce the number or percentage of household served, shall build 28 out to all residential households subject to the operator's line 29 extension policy within three years and shall upgrade their 30 facilities across the entire service area within three years of 20070H1490B2269 - 33 -
1 the date the cable operator upgrades any part of its facilities. 2 (d) Deployment requirements for all other Statewide 3 franchise holders.--Within three years of the issuance of the 4 franchise, all other Statewide franchise holders shall fully 5 complete a system capable of providing cable service to all 6 households within the cable operator's service area, subject to 7 the cable operator's line extension policy. 8 (e) Discrimination by building owners prohibited.--No 9 building owner may discriminate against a telephone company, 10 broadband services or advanced communications company or its 11 ability to provide services to one or more tenants of a 12 multitenant property that is owned or controlled by the building 13 owner, including discriminatory terms and conditions by which 14 the telephone company, broadband services or advanced 15 communications company gains physical access to the property to 16 place its facilities and provide telecommunications services to 17 the property's tenants. The commission shall have jurisdiction 18 to implement the provisions of this subsection by appropriate 19 rules and regulations and to adjudicate administratively 20 disputes arising under this subsection. In no event may the lack 21 of agreement over terms and conditions of access delay the 22 ability of a requesting telecommunications company to obtain 23 access for more than 30 days following an initial request 24 therefore. 25 (f) Annual reports.--All license holders must file annual 26 public reports with the commission and the relevant local entity 27 that shall contain: 28 (1) The total number of actual subscribers in this 29 Commonwealth for the preceding fiscal year. 30 (2) The total number of actual subscribers within each 20070H1490B2269 - 34 -
1 zip code in this Commonwealth for the preceding fiscal year. 2 (3) A description and map of the physical area in which 3 the license holder currently offers video services for the 4 preceding fiscal year. 5 (4) A description and map of the physical area in which 6 the license holder plans to offer video services for the next 7 fiscal year. The license holder is not required to build out 8 to all the described areas indicated to the commission, as 9 long as the provisions of this chapter are being met. 10 § 30A16. Discrimination in provision of service prohibited. 11 (a) General rule.--The franchise holder shall make all 12 efforts to become capable of providing cable service to all 13 households within the designated service area footprint. A cable 14 operator that has been granted a Statewide franchise under this 15 chapter shall not deny access to cable service to any group of 16 potential residential subscribers because of the income or race 17 of the residents in the local area in which such group resides. 18 A franchisee must submit to the commission a development 19 schedule, setting forth the municipalities to be served, the 20 date service shall begin in each proposed municipality, and a 21 date certain by which each community will be able to receive 22 cable service. The commission shall ensure that the build-out 23 process is not discriminatory based on an area's class or race. 24 If deployment of cable services under a Statewide franchise is 25 scheduled for deployment in a given area, the cable operator 26 must offer service to all residents within the geographic area 27 or the commission may terminate the franchise pursuant to 28 section 30A08 (relating to termination of Statewide franchise). 29 (b) Enforcement.--If the commission determines that a cable 30 operator has denied access to cable service to a group of 20070H1490B2269 - 35 -
1 potential residential subscribers because of the income levels 2 of the residents of the local area in which such group resides 3 or has failed to meet the requirements of the section, the 4 commission is authorized to, after conducting a hearing with 5 full notice and opportunity to be heard, impose monetary 6 penalties of not less than $50,000 nor more than $100,000 per 7 municipality, not to exceed a total of $3,650,000 per year for 8 all violations. A municipality in which the provider offers 9 cable service shall be an appropriate party in any such 10 proceeding. 11 § 30A17. Requirement for adequate service and consumer 12 protection. 13 Every cable operator shall provide safe, adequate and 14 reliable service in accordance with applicable laws, regulations 15 and franchise requirements. Cable operators with a Statewide 16 franchise or a franchise issued by a municipality are subject to 17 any customer service standards pertaining to the provision of 18 cable service established by law or regulation. All customer 19 service and consumer protection standards under this section 20 shall be interpreted and applied to accommodate newer or 21 different technologies while meeting or exceeding the goals of 22 these standards. Not withstanding any other provisions of this 23 chapter, all customer service standards and consumer protection 24 standards shall be interpreted and applied to any cable system 25 operators as defined in this chapter who also provide 26 telecommunications services to any customers in their service 27 territory; and such telecommunications service providers shall 28 be subject to the customer service and consumer protection 29 requirements established in 52 Pa. Code Chs. 63 (relating to 30 telephone service) and 64 (relating to standards and billing 20070H1490B2269 - 36 -
1 practices for residential telephone service) and section 2 3019(b)(2) (relating to additional powers and duties). 3 § 30A18. Enforcement. 4 The exclusive remedy for enforcing the provisions of this 5 chapter, shall be the commission. In addition to any other 6 authority established under law, the Office of Consumer Advocate 7 and the Office of Small Business Advocate shall have the 8 authority to represent the interests of consumers under this 9 chapter. 10 § 30A19. Statewide high-speed broadband assessment and 11 development. 12 (a) General rule.--The Department of Community and Economic 13 Development shall enlist a public-private partnership to 14 implement a comprehensive, Statewide high-speed broadband 15 Internet deployment and adoption initiative with the purpose of: 16 (1) Ensuring that all Commonwealth residents and 17 businesses have access to affordable and reliable high-speed 18 broadband Internet services. 19 (2) Achieving improved technology literacy, increased 20 computer ownership and high-speed broadband Internet use 21 among Commonwealth residents and businesses. 22 (3) Establishing and empowering local technology teams 23 in each county to plan for improved technology use across 24 multiple community sectors. 25 (4) Establishing and sustaining an environment ripe for 26 telecommunications and technology investment Statewide. 27 (b) Private-public partnership to cooperate.--The public- 28 private partnership as set forth in subsection (a) shall include 29 input and cooperation among State agencies and bodies 30 representing economic development, local community development, 20070H1490B2269 - 37 -
1 technology planning, education, health care and other relevant 2 entities. The public entities within the partnership shall 3 collaborate with telecommunications providers, technology 4 companies, telecommunications labor organizations, community- 5 based organizations and relevant private sector entities to 6 achieve the purposes set forth in subsection (a). 7 (c) Requirements.--The high-speed broadband Internet 8 deployment and adoption initiative as set forth in paragraph (2) 9 shall include, but not be limited to: 10 (1) Creating a geographic Statewide inventory of high- 11 speed broadband Internet service and other relevant 12 telecommunications and information technology services. The 13 inventory shall: 14 (i) Identify geographic gaps in high-speed broadband 15 Internet service through a method of geographic 16 information systems (GIS) mapping of service availability 17 and GIS analysis at the census block level. 18 (ii) Provide a baseline assessment of Statewide 19 high-speed broadband Internet deployment in terms of 20 percentage of households with high-speed broadband 21 Internet availability. 22 (iii) Provide updates to these data every six 23 months. 24 (2) Tracking Statewide residential and business adoption 25 of high-speed broadband Internet, computers and related 26 information technology; identifying barriers to adoption; and 27 measuring progress on these data annually. 28 (3) Building and facilitating in each county or 29 designated region a local technology planning team with 30 members representing a cross section of the community, 20070H1490B2269 - 38 -
1 including, but not limited to, representatives of business, 2 telecommunications labor organizations, K-12 education, 3 health care, libraries, higher education, community-based 4 organizations, local government, tourism, parks and 5 recreation and agriculture. Each team shall benchmark 6 technology use across relevant community sectors, set goals 7 for improved technology use within each sector and develop a 8 tactical business plan for achieving its goals, with specific 9 recommendations for online application development and demand 10 creation. 11 (4) Working collaboratively with high-speed broadband 12 Internet providers and technology companies across this 13 Commonwealth to encourage deployment and use, especially in 14 underserved areas, through the use of local demand 15 aggregation, mapping analysis and the creation of market 16 intelligence to improve the business case for providers to 17 deploy. 18 (5) Establishing programs to improve computer ownership 19 and Internet access for disenfranchised populations across 20 this Commonwealth. 21 (d) Contracting with nonprofit.--The Department of Community 22 and Economic Development may contract with a nonprofit 23 organization to accomplish the objectives set forth in this 24 chapter. The organization shall have an established competency 25 in working with public and private sectors to accomplish wide- 26 scale deployment and adoption of telecommunications and 27 information technology. 28 Section 2. This act shall take effect immediately. F15L66JKL/20070H1490B2269 - 39 -