PRIOR PRINTER'S NO. 2269 PRINTER'S NO. 4021
No. 1490 Session of 2007
INTRODUCED BY EACHUS, DALEY, HARKINS, M. O'BRIEN, PASHINSKI,
BELFANTI, GEORGE, JOSEPHS, LEVDANSKY, HORNAMAN, KULA,
McILVAINE SMITH, CURRY, MUNDY, K. SMITH, STABACK, SURRA,
BRENNAN, HESS, MAHONEY, GALLOWAY, GERGELY, SWANGER, LEACH,
WAGNER, CAPPELLI, J. WHITE AND GIBBONS, JULY 9, 2007
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 23, 2008
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. RELATING TO <--
6 BROADBAND DEPLOYMENT, MAPPING AND AVAILABILITY.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Title 66 of the Pennsylvania Consolidated <--
10 Statutes is amended by adding a chapter to read:
11 CHAPTER 30A
12 STATE-ISSUED CABLE AND VIDEO FRANCHISES
13 Sec.
14 30A01. Short title of chapter.
15 30A02. Declaration of policy.
16 30A03. Definitions.
17 30A04. State authorization to provide cable and/or video
18 service.
1 30A05. Commission responsibilities.
2 30A06. Application for Statewide cable franchise.
3 30A07. Length of Statewide franchise.
4 30A08. Termination of Statewide franchise.
5 30A09. Abandonment of service.
6 30A10. Access to public rights-of-way.
7 30A11. Municipal regulation of franchise holders.
8 30A12. Payment and remittance of franchise fee.
9 30A13. Public, educational and governmental access channels.
10 30A14. Cable operator's community commitment and
11 responsibilities.
12 30A15. Deployment requirements for Statewide cable license.
13 30A16. Discrimination in provision of service prohibited.
14 30A17. Requirement of adequate service and consumer protection.
15 30A18. Enforcement.
16 30A19. Statewide high-speed broadband assessment and
17 development.
18 § 30A01. Short title of chapter.
19 This chapter shall be known and may be cited as the Consumer
20 Choice Cable Franchising and High-speed Broadband Promotion Act.
21 § 30A02. Declaration of policy.
22 The General Assembly finds and declares as follows:
23 That it is and has been the longstanding policy of this
24 Commonwealth that every resident and business in this
25 Commonwealth has a right to have equal physical and social
26 access to adequate telecommunications services at just and
27 reasonable rates, because universal access to the benefits of
28 telephony is fundamental to effective communication, quality of
29 life, economic development, public safety and security and
30 democratic participation. Telecommunications, however, is
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1 undergoing dramatic changes with new technologies driving the
2 ways people communicate with one another. No matter the source
3 or vehicle by which people communicate with each other, the
4 people of this Commonwealth have the right to adequate service
5 at just and reasonable rates. Therefore, all telecommunications
6 services must meet the highest standards of quality, reliability
7 and safety, including protecting and expanding the system of
8 emergency 911 service, which requires sufficient investment in
9 telecommunications infrastructure and, as many years of
10 experience have shown, adequate staffing provided by trained
11 career employees operating under the applicable safety codes and
12 regulations. New cable television services regulation is
13 necessary to:
14 (1) Promote adequate, affordable and efficient cable
15 services to the citizens and residents of this Commonwealth.
16 (2) Promote and encourage the optimum development of the
17 educational, government and community-based service
18 potentials of the cable television medium.
19 (3) Provide just and reasonable rates for cable
20 television service without geographic discrimination.
21 (4) Protect the municipalities of this Commonwealth as
22 to the issuance of consents and agreements for the operations
23 of cable television companies in municipalities and
24 jurisdictions of municipalities.
25 (5) Protect the rights of consumers to access lawful
26 Internet content of their choice, subject to law enforcement,
27 and connect their choice of legal devices that do not harm
28 the network.
29 (6) Cooperate with the Federal Government in promoting
30 and coordinating efforts to regulate cable television
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1 effectively and in the public interest.
2 (7) Competition in providing cable services is emerging
3 with the convergence of pre-existing and new technologies for
4 providing voice, video and data services, which results in
5 increased investment in this Commonwealth, lower prices and
6 improved service offerings for consumers.
7 (8) Increased investment in and the potential for
8 competition in the cable service market through the provision
9 of new communications services and deployment of advanced
10 communication infrastructure further enhances economic
11 opportunities and the overall health, safety and welfare of
12 the residents of this Commonwealth.
13 (9) State-issued franchises for providing cable service
14 will promote and facilitate the deployment of advanced
15 technologies and new services ubiquitously to all communities
16 and preserve Pennsylvania's ability to compete in the
17 national and global market place for business and industry
18 and the creation and preservation of jobs.
19 (10) Modifying existing cable service regulation through
20 the enactment of new standards and procedures that provide
21 consumers with access to a competitive, facilities-based
22 cable market that also preserves the municipal authority to
23 maintain and manage public rights-of-way, collect a franchise
24 fee, administer public educational and governmental access
25 channels and ensure that competitive cable services are
26 delivered in a nondiscriminatory manner is warranted in this
27 Commonwealth.
28 (11) Nothing in this act shall be seen to limit or
29 reduce the protection afforded to cable television customers,
30 broadband Internet services customers, telephone customers
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1 and customers of advanced communications services generally,
2 and it is in the public interest to ensure that customers
3 continue to be provided a high level of customer protection
4 and customer service in a more competitive market. Therefore,
5 the General Assembly declares that the Commonwealth needs to
6 fundamentally reform broadband Internet access and cable
7 television to provide 21st Century technology to all
8 Pennsylvanians that is safe, reliable and affordable.
9 § 30A03. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Cable operator." Any person or group of persons who:
14 (1) provides cable service over a cable system and
15 directly or through one or more affiliates owns a significant
16 interest in such cable system; or
17 (2) otherwise controls or is responsible for, through
18 any arrangement, the management and operation of such a cable
19 system, as set forth in section 522(5) of the Cable
20 Communications Policy Act of 1984 (Public Law 98-549, 47
21 U.S.C. § 522(5)).
22 "Cable service." The one-way transmission to subscribers of
23 video programming or other programming service, and subscriber
24 interaction, if any, which is required for the selection or use
25 of such video programming or other programming service and
26 subscriber interaction, if any, which is required for the
27 selection or use of such video programming or other programming
28 service, regardless of the technology utilized by a cable
29 television company to enable such selection or use.
30 "Cable system." Any facility consisting of a set of closed
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1 transmission paths and associated signal generation, reception
2 and control equipment that is designed to provide cable service
3 which includes video programming without regard to the
4 technology used to deliver such video programming, including
5 Internet protocol technology or any successor technology and
6 which is provided to multiple subscribers within a community, as
7 set forth in section 522(7) of the Cable Communications Policy
8 Act of 1984 (Public Law 98-549, 47 U.S.C. § 522(7)), but the
9 term does not include:
10 (1) A facility that serves only to retransmit the
11 television signals of one or more television broadcast
12 stations.
13 (2) A facility that serves subscribers without using any
14 public rights-of-way.
15 (3) A facility of a common carrier which is subject, in
16 whole or in part, to the provisions of Title II of the
17 Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 201 et
18 seq.), except that such facility shall be considered a cable
19 system other than for purposes of section 541(c) of the Cable
20 Communications Policy Act of 1984 (Public Law 98-549, 47
21 U.S.C. § 541(c)) to the extent such facility is used in the
22 transmission of video programming directly to subscribers,
23 unless the extent of such use is solely to provide
24 interactive on-demand services.
25 (4) An open video system that complies with section 573
26 of the Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. §
27 573).
28 (5) Any facilities of any electric utility used solely
29 for operating its electric utility system.
30 "CATV company." Any person or group of persons who:
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1 (1) provides cable service over a cable system and
2 directly or through one or more affiliates owns a significant
3 interest in such cable system; or
4 (2) otherwise controls or is responsible for, through
5 any arrangement, the management and operation of such a cable
6 system.
7 "CATV system." Any facility which receives and amplifies the
8 signals broadcast by one or more television stations and
9 redistributes such signals by wire, cable or other means or
10 which distributes signals it originates or which are originated
11 by another for viewing by subscribers, whether the wire, cable
12 or other facilities are owned or leased. A CATV system shall not
13 include:
14 (1) the poles or other facilities of any telephone
15 corporation used to provide channel service as a common
16 carrier;
17 (2) a system serving not more than 250 subscribers; or
18 (3) a master antenna system servicing subscribers
19 situated on property under common ownership.
20 "Commission." The Pennsylvania Public Utility Commission, or
21 successor agency.
22 "Franchise." An initial authorization, or renewal of an
23 authorization, issued by a franchising authority, regardless of
24 whether the authorization is designated as a franchise, permit,
25 license, resolution, contract, certificate, agreement or
26 otherwise, that authorizes the construction and operation of a
27 cable system in public rights-of-way.
28 "Franchise holder." A person who has received a State-issued
29 certificate of franchise authority but has not transferred or
30 terminated such franchise authorization, in accordance with the
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1 provisions of this chapter.
2 "Franchising authority." The commission and municipalities
3 which are entitled to grant franchises and impose fees in
4 accordance with sections 522(10) and 542 of the Cable
5 Communications Policy Act of 1984 (Public Law 98-549, 47 U.S.C.
6 §§ 522(10) and 542).
7 "Gross revenues." Any and all revenues, including cash,
8 credits, property or consideration of any kind or nature arising
9 from, attributable to, or in any way derived directly or
10 indirectly from the operation of the franchisee's cable system,
11 including the studios and other associated facilities, to
12 provide cable services. Gross revenues include, by way of
13 illustration and not limitation, monthly fees charged
14 subscribers for any basic, optional, premium, per-channel, per-
15 program or cable programming service; installation
16 disconnection, reconnection and change-in-service fees; leased
17 channel fees; late fees and administrative fees; payments or
18 other consideration received from programmers for carriage of
19 programming on the system; revenues from rentals or sales of
20 converters or other equipment; any studio rental, production
21 equipment and personnel fees; advertising revenues; barter;
22 revenues from program guides; revenues from the sale or carriage
23 of other cable services; and revenues from home shopping
24 channels and other revenue sharing arrangements. Gross revenues
25 shall include revenues received by an entity other than the
26 franchisee, an affiliate or other entity that operates the
27 system where necessary to prevent evasion or avoidance of the
28 obligation to pay the franchise fee. The term shall not include:
29 (1) amounts not actually received, even if billed, such
30 as bad debt; refunds, rebates or discounts to subscribers or
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1 third parties; or revenue imputed from the provision of cable
2 services for free or at reduced rates to any person as
3 required or allowed by law, including, without limitation,
4 the provision of such services to public institutions, public
5 schools, governmental entities or employees, other than
6 forgone revenue chosen not to be received in exchange for
7 trades, barters, services or other items of value; or
8 (2) any revenue from any charges or fees derived from
9 services classified as noncable services and information
10 services and any other revenues attributed by the holder of a
11 certificate of approval or systemwide franchise to noncable
12 services in accordance with the Federal Communications
13 Commission's rules, regulations, standards or orders; amounts
14 billed to and collected from subscribers to recover any tax,
15 fee or surcharge of general applicability imposed by any
16 governmental entity on the holder of a certificate of
17 approval; or a systemwide franchise, including, without
18 limitation, sales and use taxes, gross receipt taxes, excise
19 taxes, utility user taxes, public service taxes,
20 communication taxes and any other fee not imposed. In the
21 case of cable service that may be bundled or integrated
22 functionally with other services, capabilities or
23 applications, the gross revenues shall only include those
24 charges or fees derived from or attributable to the provision
25 of cable service, as reflected on the books and records of
26 the holder of a certificate of approval or a systemwide
27 franchise, as the case may be, in accordance with the rules,
28 regulations, standards and orders of the Federal
29 Communications Commission.
30 "High-speed broadband." A communication channel using any
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1 technology and having a bandwidth equal to or greater than two
2 megabits per second (mps) in the downstream direction and equal
3 to or greater than one megabit in the upstream.
4 "Incumbent cable operator." The cable operator serving the
5 largest number of cable subscribers in a particular municipal
6 franchise area on the effective date of this chapter.
7 "Low-income household." A household whose income is 30% of
8 the median household income in this Commonwealth.
9 "Municipality." Cities of the first class, cities of the
10 second class, cities of the second class A, cities of the third
11 class, boroughs, incorporated towns, townships of the first
12 class, townships of the second class and home rule
13 municipalities within this Commonwealth.
14 "Person." An individual, partnership, association, joint
15 stock company, trust, corporation, government entity, limited
16 liability company or any other entity.
17 "Public rights-of-way." The areas on, below or above public
18 roadways, highways, streets, public sidewalks, alleys, waterways
19 or utility easements in which a municipality has an interest.
20 "Service area." For corporations providing
21 telecommunications services, the term includes the entire
22 territory in which the company provides telecommunications
23 service.
24 "Video programming." Programming provided by, or generally
25 considered comparable to programming provided by, a television
26 broadcast station, as set forth in section 522(20) of the Cable
27 Communications Policy Act of 1984 (Public Law 98-549, 47 U.S.C.
28 § 522(20)).
29 § 30A04. State authorization to provide cable and/or video
30 service.
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1 (a) General rule.--Notwithstanding any other law to the
2 contrary and subject to the provisions of this chapter, a person
3 seeking to provide cable service in this Commonwealth after the
4 effective date of this chapter may file an application for a
5 Statewide franchise with the commission as required by this
6 section. This section does not preclude cable operators from
7 filing individual applications under this chapter, however, a
8 person seeking to provide cable service in this Commonwealth,
9 whether a Statewide franchise under this section or section
10 30A06 (relating to application for Statewide cable franchise) or
11 a municipal franchise under section 30A11 (relating to municipal
12 regulation of franchise holders) shall be subject to all other
13 provisions of this chapter.
14 (b) Compliance.--A person filing an application for a
15 Statewide franchise with the commission shall be required upon
16 receipt of such franchise to comply with section 30A14(f)
17 (relating to cable operator's community commitment and
18 responsibilities) with regard to all in-State broadband and
19 broadband-capable facilities and lines built during the initial
20 build-out period pursuant to the authorization provided by such
21 franchise and for the period of the initial build-out period
22 with regard to such person's in-State broadband and broadband-
23 capable facilities and lines in existence when such franchise
24 becomes effective.
25 (c) Grandfather provision.--A person including an incumbent
26 cable operator providing cable service under a franchise
27 agreement with a franchising authority which existed prior to
28 the effective date of this chapter is not subject to this
29 section until the franchise agreement expires at the end of its
30 original or any mutually agreeable renewal term, or unless and
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1 until the franchising authority and entity providing cable
2 service mutually agree to terminate the existing franchise
3 agreement.
4 (d) Restrictions.--Nothing in this section shall restrict a
5 cable operator from applying to the commission for a Statewide
6 franchise authority to provide cable and/or video service in
7 territories of this Commonwealth.
8 (e) Franchising authority.--The commission shall have the
9 franchising authority to issue Statewide franchises to provide
10 cable service under this chapter. Neither the commission nor any
11 municipality in this Commonwealth may require a franchise holder
12 to obtain any separate or additional franchise or otherwise
13 impose any fee or other requirement, including, but not limited
14 to, the regulation of cable service rates, on any franchise
15 holder as a condition of providing cable service, except as
16 provided in this chapter.
17 § 30A05. Commission responsibilities.
18 (a) General rule.--The commission shall assign existing
19 permanent staff of such legal, technical and other employees of
20 the commission as may be required for the proper conduct of its
21 cable franchising responsibilities under this chapter. The
22 powers and duties of the commission with respect to Statewide
23 franchise shall not exceed those prescribed in this chapter.
24 (b) Power and duties.--The commission shall be responsible
25 for establishing additional administrative procedures not
26 explicitly granted in this chapter for the issuance of a
27 Statewide franchise in accordance with the provisions of this
28 chapter. The commission's administrative powers and duties shall
29 be limited to the provisions found in section 30A06 (relating to
30 application for Statewide cable franchise) and additional
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1 powers, including the:
2 (1) development of procedures to submit, review and
3 document applications filed with the commission;
4 (2) review of the initial submission and any updates of
5 the general description of the service area footprint to be
6 served or expanded, including, if applicable, any area within
7 a municipality to be served by an applicant;
8 (3) determination and notice of incomplete applications;
9 (4) approval of applications and amended applications,
10 or denial of such applications within the periods designated
11 under the provisions of this article;
12 (5) issuance to applicants whose applications are
13 approved for Statewide franchises to provide cable service in
14 the service area footprint described in the application; to
15 construct, upgrade, operate or maintain a network capable of
16 providing such service; and to use and occupy the public
17 rights-of-way in the delivery of that service;
18 (6) development of procedures to review and document the
19 transfer or termination of a Statewide franchise;
20 (7) establish regulations to deal with any consumer
21 complaints or complaints alleging violations of any
22 provisions of this chapter. Such regulations shall be easily
23 accessible to Commonwealth residents and shall be posted on
24 the Internet. The commission shall also provide consumer
25 complaint forms on the Internet. In addition to any other
26 authority granted by law, the Office of Consumer Advocate and
27 the Office of Small Business Advocate shall have the
28 authority to represent the interests of consumers under this
29 chapter; and
30 (8) establish procedures for the periodic review of the
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1 compliance of Statewide franchises with the rules,
2 regulations and commitments required in this chapter.
3 § 30A06. Application for Statewide cable franchise.
4 (a) General rule.--Any person desiring to provide cable
5 service in this Commonwealth after the effective date of this
6 chapter may file an application for a Statewide franchise with
7 the commission as required by this section.
8 (b) Contents of application.--Applications for a Statewide
9 franchise shall contain and be limited to:
10 (1) A statement that the applicant has filed or will
11 timely file with the Federal Communications Commission all
12 forms required by that agency in advance of offering cable
13 service in this Commonwealth.
14 (2) A statement that the applicant agrees to comply with
15 all other applicable Federal and State statutes and
16 regulations and all generally applicable municipal ordinances
17 and regulations regarding the time, place and manner of using
18 and occupying public rights-of-way adopted in accordance with
19 Federal and State law.
20 (3) A general description of the service area footprint
21 to be served, including, if applicable, any area within a
22 municipality to be served by the applicant. The description
23 may be set forth on one or more maps. If the applicant is a
24 telecommunications carrier or an affiliate of a
25 telecommunications carrier, the service area shall include a
26 description of the territory in which the company provides
27 telephone service. Descriptions of service area footprints
28 shall be updated by the applicant prior to the expansion of
29 cable service to a previously undesignated service area and,
30 upon such expansion, written notice shall be given to the
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1 commission of the new service area to be served by the
2 applicant. The State-issued franchise area and any service
3 area within the franchise area may extend beyond the area or
4 areas where the applicant has preexisting authority to occupy
5 the public rights-of-way.
6 (4) The location of the applicant's principal place of
7 business, the names of the applicant's principal executive
8 officers, and the name, address and telephone number of an
9 officer, general partner or other employee of the applicant
10 who will be responsible for ongoing communications with the
11 commission.
12 (5) The name and location of the principal place of
13 business of the applicant's parent company, if any.
14 (6) The signature of an officer or general partner of
15 the applicant verifying the information set forth in the
16 application.
17 (7) Demonstration that the financial, technical,
18 managerial and legal character and other qualifications
19 needed to construct, operate and maintain the necessary plant
20 and to provide service in a safe, adequate and proper manner,
21 including compliance with the act of July 9, 1990 (P.L.340,
22 No.78), known as the Public Safety Emergency Telephone Act.
23 (8) A record of compliance with Federal, State and local
24 laws.
25 (9) Commitment that all installation, maintenance,
26 billing, customer service and associated work related to the
27 provision of cable television service will be performed in
28 this Commonwealth.
29 (10) Additional information as needed by the commission.
30 (c) List of municipalities.--Upon filing an application with
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1 the commission for a systemwide franchise agreement pursuant to
2 subsection (b), the applicant shall include a list of the
3 specific municipalities to which CATV service will be provided
4 or extended, the anticipated construction and deployment dates
5 and the anticipated date on which service will be offered and a
6 certified statement that such deployment will meet the
7 requirements of sections 30A15 and 30A16. The applicant shall
8 concurrently provide a copy of the application to each affected
9 municipality.
10 (d) Notification.--Within 15 business days after it receives
11 the application, the commission shall:
12 (1) determine whether an application submitted is
13 incomplete; and
14 (2) if so, the commission shall notify the applicant
15 that the application is incomplete and identify the
16 information that the commission must receive from the
17 applicant to make the application complete.
18 (e) Application decision.--Within 120 days after it receives
19 the completed application, the commission shall approve the
20 application and issue a Statewide franchise to the applicant or
21 deny the application. Within 120 days of the receipt, the
22 commission shall schedule three public hearings to be held in
23 different geographical areas of this Commonwealth to gain public
24 comment in consideration of the application. On or before the
25 expiration of the 120-day period, the commission shall issue an
26 order in writing approving the application if the applicant has
27 complied with the requirements for a Statewide franchise, or the
28 commission shall disapprove the application in writing, citing
29 the reasons for disapproval if the commission determines that
30 the application for a Statewide franchise does not comply with
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1 the requirements for a Statewide franchise. The commission may
2 deny the application only if the applicant has failed to state
3 in the application the information and representations required
4 by subsection (b). If the commission denies the application, it
5 must specify with particularity the reason or reasons for the
6 denial, and the applicant may amend its application to cure any
7 deficiency. The commission shall decide upon the amended
8 application within 60 business days of its submission to the
9 commission by the applicant. If the commission denies the
10 application, the commission shall schedule a public meeting with
11 the applicant to explain to the applicant the reasons for the
12 commission's disapproval. The meeting shall be scheduled no
13 later that 30 days following the expiration of the 120-day
14 review period as required by this subsection. The applicant
15 shall have 30 days following the date of the meeting with the
16 commission to file an appeal of the board's decision. The
17 commission shall thereafter schedule an administrative hearing
18 not later than the 30th day following the date of the filing of
19 the applicant's appeal in order to consider the applicant's
20 appeal. The commission shall issue a final decision in written
21 form on the applicant's appeal not later than the 60th day
22 following the administrative hearing, required by this
23 subsection, on the applicant's appeal. After an administrative
24 period an applicant may challenge a denial of its application or
25 amended application in any court of competent jurisdiction.
26 (f) Contents of franchise authorization.--A Statewide
27 franchise authorization shall contain:
28 (1) A grant of a franchise to provide cable service in
29 the service area footprint described in the application, and
30 to construct, upgrade, operate or maintain a network capable
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1 of providing such service, except where a network grant is
2 not required to use and occupy public rights-of-way in the
3 delivery of that service.
4 (2) A statement that the franchise grant in paragraph
5 (1) is subject to lawful operation of the cable service by
6 the applicant or its successor in interest.
7 (g) Preexisting authority.--An applicant having preexisting
8 authority to utilize public rights-of-way is required to obtain
9 a Statewide franchise prior to the actual provision of cable
10 service on a commercial basis directly to subscribers. However,
11 such an applicant is not required to obtain a Statewide
12 franchise or any municipality authorization, except for being
13 subject to municipal right-of-way requirements, in order to
14 construct, upgrade, operate or maintain a network that is
15 capable of providing cable service.
16 (h) Nontransferability.--A systemwide franchise issued by
17 the commission shall be nontransferable, except by written
18 consent. In order to grant such consent the commission shall:
19 (1) Develop rules and procedures to ensure that any
20 company applying for a transfer shall meet all Statewide
21 franchisee requirements and commitments included with this
22 chapter.
23 (2) Obtain a commitment from company obtaining the
24 transfer that any collective bargaining agreement entered
25 into by a CATV provider shall continue to be honored, paid or
26 performed to the same extent as would be required if the CATV
27 provider continued to operate under its franchise for the
28 duration of that franchise unless the duration of that
29 agreement is limited by its terms or by Federal or State law.
30 § 30A07. Length of Statewide franchise.
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1 A Statewide franchise issued by the commission shall be valid
2 for six years from the date of issuance. Renewal of a Statewide
3 franchise shall be valid for a period of six years from the date
4 of the renewal issuance, and the commission shall establish
5 rules governing the renewal of a Statewide franchise.
6 § 30A08. Termination of Statewide franchise.
7 (a) General rule.--A franchise shall terminate at the
8 expiration of its term or otherwise in accordance with the
9 provisions thereof, unless, prior thereto, the commission
10 otherwise orders.
11 (b) Commission ordering termination.--The commission may
12 order a termination only if it finds, after public notice and
13 opportunity for a hearing, that the franchisee:
14 (1) has committed a material breach of its franchise or
15 any applicable provision of this chapter or of the
16 regulations promulgated under this chapter and has failed,
17 without reasonable justification, to cure said breach within
18 60 days after having received written notice thereof from the
19 commission;
20 (2) has not met the requirements of sections 30A15
21 (relating to deployment requirements for Statewide cable
22 license) and 30A16 (relating to discrimination in provision
23 of service prohibited); or
24 (3) has been adjudicated a bankrupt or has filed a
25 voluntary petition for bankruptcy or reorganization or for an
26 order protecting its assets from the claims of creditors and
27 the commission finds that termination of the franchise or
28 certificate of confirmation under such conditions is in the
29 best interest of the public.
30 (c) Upon termination.--Upon termination of a franchise or
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1 certificate of confirmation, the cable operator shall dispose of
2 its facilities in accordance with the provisions of the
3 franchise or certificate. However, on motion of any interested
4 party or upon its own motion, and after public notice and
5 opportunity for hearing, if the commission finds that the
6 continued presence of the facilities in any public thoroughfare
7 would pose a nuisance to the municipality or its residents, the
8 operator shall remove its facilities within such period as the
9 commission shall order. In the absence of any applicable
10 franchise or certificate provision or order by the commission to
11 the contrary, the cable television company may abandon its
12 facilities.
13 § 30A09. Abandonment of service.
14 (a) General rule.--No cable operator may abandon any service
15 or portion thereof without giving six months' prior written
16 notice to the commission and to the franchisor, if any, and to
17 the municipalities it serves.
18 (b) Written consent.--When abandonment of any service is
19 prohibited by a franchise, no cable operator may abandon such
20 service without written consent of the commission. In granting
21 such consent, the commission may impose such terms, conditions
22 or requirements as in its judgment are necessary to protect the
23 public interest.
24 § 30A10. Access to public rights-of-way.
25 (a) General rule.--Municipalities shall allow a franchise
26 holder under this chapter to install, construct and maintain
27 facilities capable of providing cable and/or video service
28 within public rights-of-way within the jurisdiction of the
29 municipality under the same terms and conditions as applicable
30 to public utility corporations under applicable Federal and
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1 State law.
2 (b) Nondiscrimination.--No municipality shall discriminate
3 against a franchise holder regarding the authorization or
4 placement of a communications network in public rights-of-way,
5 access to a building or a utility pole attachment term. All
6 municipality public right-of-way requirements applicable to
7 cable operators and video service providers must be
8 competitively neutral, reasonable and nondiscriminatory.
9 (c) Construction permits and licenses.--In the exercise of
10 their lawful regulatory authority, municipalities shall promptly
11 process all valid and administratively complete applications of
12 a franchise holder for a permit or license to excavate, set
13 poles, locate lines, construct facilities, make repairs, affect
14 traffic flow or other similar approvals. The municipality shall
15 make every reasonable effort not to delay or unduly burden the
16 franchise holder in the timely conduct of the holder's business.
17 (d) Expedited response or repair.--In the event of fire,
18 flooding, accident or other exigent circumstances necessitating
19 immediate response work or repair by the franchise holder, the
20 franchise holder may begin the repair or response work without
21 prior approval from the affected municipality, provided,
22 however, that the franchise holder shall notify the municipality
23 as promptly as reasonably possible after beginning the work and
24 shall subsequently obtain any approval required by a municipal
25 ordinance applicable to expedited response or repair work.
26 (e) Indemnity in connection with public rights-of-way.--A
27 franchise holder shall indemnify and hold a municipality and its
28 officers and employees harmless against any and all claims,
29 lawsuits, judgments, costs, liens, losses, expenses, fees,
30 including reasonable attorneys' fees and costs of defense,
20070H1490B4021 - 21 -
1 proceedings, actions, demands, causes of action, liability and
2 suits of any kind and nature, including personal or bodily
3 injury or death, property damage or other harm for which
4 recovery of damages is sought, that is found by a court of
5 competent jurisdiction to be caused solely by the negligent act,
6 error or omission of the franchise holder or any agent, officer,
7 director, representative, employee, affiliate or subcontractor
8 of the franchise holder or their respective officers, agents,
9 employees, directors or representatives, while installing,
10 repairing or maintaining facilities in a municipality public
11 right-of-way. The indemnity provided by this subsection does not
12 apply to any liability resulting from the negligence of the
13 municipality or its officers, employees, contractors or
14 subcontractors. If the franchise holder and the municipality are
15 found jointly liable by a court of competent jurisdiction,
16 liability shall be apportioned comparatively in accordance with
17 the laws of this Commonwealth without, however, waiving any
18 governmental immunity available to the municipality under State
19 law and without waiving any defenses of the parties under State
20 law. This subsection is solely for the benefit of the
21 municipality and the franchise holder and does not create or
22 grant any rights, contractual or otherwise, for or to any other
23 person or entity.
24 (f) Written notice.--A franchise holder and a municipality
25 shall promptly advise the other in writing of any known claim or
26 demand against the holder or the municipality related to or
27 arising out of the holder's activities in a public right-of-way.
28 § 30A11. Municipal regulation of franchise holders.
29 A municipality may:
30 (1) Exercise its nondiscriminatory police power with
20070H1490B4021 - 22 -
1 respect to its public rights-of-way and a franchise holder's
2 use thereof, which may include requiring the holders to
3 provide the municipality with maps showing the location of
4 its cable system and its communications facilities, if any,
5 within the municipality.
6 (2) Receive and mediate cable service quality complaints
7 from a franchise holder's customers within the municipality.
8 (3) Require a franchise holder who is providing cable
9 service within the municipality to register with the
10 municipality, maintain a point-of-contact and provide notice
11 of any franchise authorization transfer to the municipality
12 within 14 business days after the completion of the transfer.
13 (4) Establish reasonable guidelines regarding the use of
14 public, educational and governmental access channels within
15 the municipality in addition to those established under this
16 chapter.
17 (5) Nothing in this title shall be construed to preclude
18 the continued provision or offering of telecommunications
19 services by a political subdivision.
20 § 30A12. Payment and remittance of franchise fee.
21 (a) General rule.--A franchise holder who offers cable
22 service within the jurisdiction of a municipality shall
23 calculate and remit to the municipality at the end of each
24 calendar year quarter a franchise fee as provided in this
25 section. The obligation to calculate and remit the franchise fee
26 to a municipality shall begin immediately upon provision of
27 cable service within that municipality's jurisdiction. However,
28 the first remittance shall not be due until the end of the first
29 calendar year quarter that is at least 180 days after the
30 provision of cable service began.
20070H1490B4021 - 23 -
1 (b) Calculation of franchise fee.--The franchise fee shall
2 be calculated as a percentage of the franchise holder's gross
3 revenues equal to the franchise fee percentage applied by the
4 municipality to the incumbent cable operator in the
5 municipality, or when no incumbent cable operator exists, a
6 percentage agreed to by the holder and the municipality or,
7 absent such agreement, a percentage prescribed by the
8 municipality in an ordinance, provided, however, that the
9 percentage shall not exceed 5%. After the expiration of the
10 incumbent cable operator's franchise, a municipality may, by
11 ordinance, change the percentage applied to the gross revenues
12 of the franchise holder and the incumbent cable operator,
13 provided that after such change the percentage shall not exceed
14 5% and shall apply equally to all cable operators operating
15 within the municipality.
16 (c) Documentation.--No fee under this section will become
17 due until the municipality certifies and provides documentation
18 to the franchise holder supporting the percentage paid by any
19 incumbent cable operator serving the area within the
20 municipality's jurisdiction.
21 (d) Restrictions.--No municipality or any other political
22 subdivision of this Commonwealth may assess any additional fees
23 or charges or other remuneration of any kind from a franchise
24 holder other than as set forth in this section or in section
25 30A13 (relating to public, educational and governmental
26 channels).
27 (e) Application to bundled services.--For purposes of this
28 section, in the case of a cable service that may be bundled or
29 integrated functionally with other services, capabilities or
30 applications, the franchise fee shall be applied only to the
20070H1490B4021 - 24 -
1 gross revenues, as defined in this chapter, attributable to
2 cable service, as reflected on the books and records of the
3 holder in accordance with generally accepted accounting
4 principles and Federal Communications Commission rules,
5 regulations, standards or orders, as applicable.
6 (f) Remittance and review of franchise fee.--The franchise
7 fee shall be remitted to the applicable municipality quarterly,
8 within 45 days after the end of the quarter for the preceding
9 calendar quarter. Each payment shall be accompanied by a summary
10 explaining the basis for the calculation of the franchise fee.
11 Not more than once annually, a municipality may examine the
12 franchise holder's business records to the extent reasonably
13 necessary to ensure compensation in accordance with this
14 section. Each party shall bear the party's own costs of the
15 examination. Any claims by a municipality that compensation is
16 not in accordance with this section, and any claims for refunds
17 or other corrections to a remittance of a franchise holder, must
18 be made within three years and 45 days of the end of the quarter
19 for which compensation is remitted or three years from the date
20 of remittance, whichever is later. Either a municipality or a
21 franchise holder may, in the event of a dispute concerning
22 compensation under this section, bring an action in a court of
23 competent jurisdiction.
24 § 30A13. Public, educational and governmental access channels.
25 (a) General rule.--A franchise holder shall provide
26 municipalities it serves with capacity in its cable service to
27 allow public, educational and governmental (PEG) access
28 channels. For the purposes of this section, PEG channels shall
29 be defined as analog channels of six Mhz bandwidth or the same
30 as any other channel on the basic tier, whichever is greater. In
20070H1490B4021 - 25 -
1 addition to the requirements set forth in this section, the
2 commission may issue additional rules or guidelines regarding
3 PEG access channels. The holder shall provide the same ancillary
4 services to the PEG channels as the incumbent providers.
5 (b) Provisioning of access channels.--The franchise holder
6 shall designate a sufficient amount of capacity on its cable
7 service to allow the provision of a comparable number of PEG
8 access channels or hours of programming that the incumbent cable
9 operator has activated and provided within the municipality
10 under the terms of its franchise agreement as of the effective
11 date of this chapter. If a municipality did not have PEG access
12 channels as of that date, the cable operator shall furnish to
13 the municipality upon request up to three PEG access channels
14 for a municipality with a population of at least 50,000 and up
15 to two PEG access channels for a municipality with a population
16 of less than 50,000. The holder shall have 12 months from the
17 date the municipality requests such PEG access channels to
18 designate the PEG access channel capacity, provided, however,
19 that the 12-month period shall be tolled by any period during
20 which the designation or provision of PEG access channel
21 capacity is technically infeasible, including any failure or
22 delay of the incumbent cable operator to make adequate
23 interconnection available, as required by this section. In
24 cities with a population of 80,000 or more persons, if a system
25 has total activated bandwidth in excess of 862 Mhz then at least
26 two additional PEG channels shall be set aside by the holder,
27 including one for public access.
28 (c) Channel responsibility.--The content and operation of
29 any PEG access channel provided pursuant to this section shall
30 be the responsibility of the municipality receiving the benefit
20070H1490B4021 - 26 -
1 of such channel, and the franchise holder bears only the
2 responsibility for the transmission of such channel, subject to
3 technological constraints. The franchise holder shall be
4 responsible for providing the connectivity, as well as other
5 equipment necessary, to each PEG access channel programming
6 distribution location and for doing so without charge for up to
7 the first 200 feet of the holder's connecting facilities.
8 (d) Transmission of municipal programming.--The
9 municipality, or its designees, must ensure that all
10 transmissions, content or programming to be transmitted over a
11 PEG access channel or facility by a franchise holder are
12 provided or submitted to the franchise holder in a manner or
13 form that is capable of being accepted and transmitted by the
14 franchise holder, without requirement for additional alteration
15 or change in the content by the franchise holder, over the
16 franchise holder's cable service. The municipality's provision
17 of PEG content to the franchise holder shall constitute
18 authorization for the franchise holder to carry such content
19 including, at the franchise holder's option, beyond the
20 jurisdictional boundaries of the municipality.
21 (e) Interconnection.--Each franchise holder and incumbent
22 cable operator shall use reasonable efforts to interconnect
23 their facilities for the purpose of providing PEG access channel
24 programming. Interconnection may be accomplished by direct
25 cable, microwave link, satellite or other reasonable method of
26 connection. Franchise holders and incumbent cable operators
27 shall negotiate in good faith and incumbent cable operators may
28 not withhold interconnection of PEG channels. In the event a
29 franchise holder and an incumbent cable operator cannot reach a
30 mutually acceptable interconnection agreement, then the duty of
20070H1490B4021 - 27 -
1 the holder shall be discharged if the holder makes
2 interconnection available to the channel originator at a point
3 on the franchise holder's network, as determined by the
4 franchise holder.
5 (f) Use of PEG channels.--The PEG channels shall be for the
6 exclusive use of the local entity or its designee to provide
7 public, educational and governmental channels. The PEG channels
8 shall be used only for noncommercial purposes. However,
9 advertising, underwriting or sponsorship recognition may be
10 carried on the channels for the purpose of funding PEG-related
11 activities. The PEG channels shall all be carried on the basic
12 service tier. To the extent feasible, the PEG channel shall not
13 be separated numerically from other channels carried on the
14 basic service tier and the channel numbers for the PEG channels
15 shall be the same channel numbers used by the incumbent cable
16 operator unless prohibited by Federal law. After the initial
17 designation of PEG channel numbers, the channel numbers shall
18 not be changed without the agreement of the local entity unless
19 the change is required by Federal law. Each channel shall be
20 capable of carrying a national television system committee
21 (NTSC) television signal.
22 (g) Content.--The content to be provided over the PEG
23 channel capacity provided pursuant to this section shall be the
24 responsibility of the local entity or its designee receiving the
25 benefit of that capacity, and the holder of a State franchise
26 bears only the responsibility for the transmission of that
27 content, subject to technological constraints.
28 (h) PEG signal and capacity.--The PEG signal shall be
29 receivable by all subscribers, whether they receive digital or
30 analog service, or a combination thereof, without the need for
20070H1490B4021 - 28 -
1 any equipment other than the equipment necessary to receive the
2 lowest cost tier of service. The PEG access capacity provided
3 shall be of similar quality and functionality to that offered by
4 commercial channels on the lowest cost tier of service unless
5 the signal is provided to the holder at a lower quality or with
6 less functionality.
7 (i) Unsatisfied obligations.--After January 1, 2007, and
8 until the expiration of the incumbent cable operator's
9 franchise, if the incumbent cable operator has existing
10 unsatisfied obligations under the franchise to remit to the
11 local entity or its designee any cash payments for the ongoing
12 costs of public, educational and government access channel
13 facilities, the local entity or its designee for the public
14 access channels shall divide those cash payments among all cable
15 providers as provided in this section. The fee shall be the
16 holder's pro rata per-subscriber share of the cash payment
17 required to be paid by the incumbent cable operator to the local
18 entity or its designee community access organization for the
19 costs of PEG channel facilities. All video service providers and
20 the incumbent cable operator shall be subject to the same
21 requirements for recurring payments for the support of PEG
22 channel facilities, whether expressed as a percentage of gross
23 revenue or as an amount per subscriber, per month or otherwise.
24 (j) Local fee for ongoing support.--A local entity shall
25 establish a fee for the ongoing support of the cost of PEG
26 facilities and services that would become effective subsequent
27 to the expiration of any fee imposed by this chapter, provided,
28 however, that no such fee shall be allocated such that any
29 community access organization is receiving anything less than
30 what it is receiving from the cable operator on the effective
20070H1490B4021 - 29 -
1 date of this chapter. If, on December 31, 2007, a local entity
2 or its designee is imposing a separate fee to support PEG
3 channel facilities that is in excess of 2%, that entity or its
4 designee may establish a fee no greater than that separate fee,
5 and in no event greater than 3%, to support PEG activities. If
6 the PEG support fee imposed by a local entity or its designee is
7 expressed in a manner other than as a percentage of gross
8 revenues, the local entity or its designee community access
9 organization may convert that fee to a currently equivalent
10 percentage of gross revenues at any time. The local entity or
11 its designee may adopt requirements for the provision of PEG-
12 related in-kind resources by all cable service providers.
13 (k) Rules governing channel time and facilities.--Rules and
14 regulations adopted by the community access organization shall
15 govern the use of any channel time on the public channels as
16 well as the equipment, facilities and services related to the
17 public channels.
18 (l) Enforcement.--The commission, through an administrative
19 proceeding, shall have the original jurisdiction to enforce any
20 requirements under this section to resolve any dispute regarding
21 the requirements set forth in this section. After the
22 administrative process is exhausted, a court of competent
23 jurisdiction shall have jurisdiction to enforce any requirement
24 under this section or resolve any dispute regarding the
25 requirements set forth in this section, and no cable operator
26 may be barred from the provision of cable service or be required
27 to terminate cable service as a result of such dispute or
28 enforcement action.
29 § 30A14. Cable operator's community commitment and
30 responsibilities.
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1 (a) General rule.--Cable operators shall make the following
2 commitments to the communities they serve.
3 (b) Provision of basic service to public institutions.--
4 Cable operators shall install and retain or provide, without
5 charge, one service outlet activated for basic service to any
6 and all fire stations, public schools, police stations, public
7 libraries and other such buildings used for municipal purposes.
8 (c) Provision of Internet service to public institutions.--
9 Cable operators shall provide high-speed broadband Internet
10 service, without charge, through one service outlet activated
11 for basic service to any and all fire stations, public schools,
12 police stations, public libraries and other such buildings used
13 for municipal purposes.
14 (d) Equipment and training.--A cable operator shall provide
15 equipment and training for access users without charge, on a
16 schedule to be agreed upon between the municipality and the CATV
17 company.
18 (e) Return feed.--The CATV company shall provide a return
19 feed from any one location in the municipality, without charge,
20 to the CATV company's headend or other location of
21 interconnection to the cable television system for public,
22 educational or governmental use, which return feed, at a
23 minimum, provides the ability for the municipality to cablecast
24 live or taped access programming, in real time, as may be
25 applicable to the CATV company's customers in the municipality.
26 No CATV company is responsible for providing a return access
27 feed unless a municipality requests such a feed in writing. A
28 CATV company that has interconnected with another CATV company
29 may require the second CATV company to pay for one-half of the
30 CATV company's absorbed costs for extension.
20070H1490B4021 - 31 -
1 (f) Cable operator responsibilities.--Cable operators are
2 responsible to:
3 (1) clearly and conspicuously disclose to users, in
4 plain language, accurate information concerning any terms,
5 conditions or limitations on the broadband network service
6 they offer, the speeds of the download and uploading speeds
7 of the provider's high-speed broadband Internet service;
8 (2) interconnect their facilities with the facilities of
9 other providers of broadband network services on reasonable
10 and nondiscriminatory terms or conditions; and
11 (3) not prohibit a user from attaching or using a device
12 on the provider's network that does not physically damage or
13 materially degrade other users' utilization of the network.
14 § 30A15. Deployment requirements for Statewide cable license.
15 (a) General rule.--As part of any franchise issued by the
16 commission under this chapter, a cable operator shall be
17 required to deploy cable service in their entire service
18 territory.
19 (b) Deployment requirements.--Deployment requirements for
20 cable operators with more than 250,000 or more local exchange or
21 long-distance lines in this Commonwealth:
22 (1) Within three years of the issuance of the Statewide
23 license:
24 (i) The operator shall provide access to its cable
25 service including high-speed broadband Internet service
26 on a commercial basis to a number of households at least
27 equal to 35% of the customer households in the franchise
28 holder's service area.
29 (ii) At least 25% of the households with access to
30 the holder's cable and high-speed broadband Internet
20070H1490B4021 - 32 -
1 service on a commercial basis shall be low-income
2 households.
3 (2) Within six years of the issuance of the Statewide
4 license:
5 (i) the operator shall provide access to its cable
6 and high-speed broadband Internet service on a commercial
7 basis to 70% of the households in its service area; and
8 (ii) at least 30% of the households with access to
9 the holder's cable and high-speed broad band Internet
10 service on a commercial basis shall be low-income
11 households.
12 (3) Within 12 years of the issuance of the initial
13 Statewide license, the operator, if it obtained a franchise
14 renewal, or any transferee shall provide access to its cable
15 and high-speed broadband Internet service on a commercial
16 basis service to all of the households in its service area
17 subject to its line extension policy.
18 (4) After three years of providing service under this
19 subsection, the license holder may apply to the commission
20 for an extension of subsection (b)(1) and (2) if ten percent
21 of the households with access to the operator's cable service
22 have not subscribed to the license holder's cable service for
23 six consecutive months within three years after it begins
24 offering service.
25 (c) Deployment requirements for incumbent cable companies
26 that become Statewide franchise holders.--Incumbent cable
27 companies that become Statewide franchise holders shall not
28 reduce the number or percentage of household served, shall build
29 out to all residential households subject to the operator's line
30 extension policy within three years and shall upgrade their
20070H1490B4021 - 33 -
1 facilities across the entire service area within three years of
2 the date the cable operator upgrades any part of its facilities.
3 (d) Deployment requirements for all other Statewide
4 franchise holders.--Within three years of the issuance of the
5 franchise, all other Statewide franchise holders shall fully
6 complete a system capable of providing cable service to all
7 households within the cable operator's service area, subject to
8 the cable operator's line extension policy.
9 (e) Discrimination by building owners prohibited.--No
10 building owner may discriminate against a telephone company,
11 broadband services or advanced communications company or its
12 ability to provide services to one or more tenants of a
13 multitenant property that is owned or controlled by the building
14 owner, including discriminatory terms and conditions by which
15 the telephone company, broadband services or advanced
16 communications company gains physical access to the property to
17 place its facilities and provide telecommunications services to
18 the property's tenants. The commission shall have jurisdiction
19 to implement the provisions of this subsection by appropriate
20 rules and regulations and to adjudicate administratively
21 disputes arising under this subsection. In no event may the lack
22 of agreement over terms and conditions of access delay the
23 ability of a requesting telecommunications company to obtain
24 access for more than 30 days following an initial request
25 therefore.
26 (f) Annual reports.--All license holders must file annual
27 public reports with the commission and the relevant local entity
28 that shall contain:
29 (1) The total number of actual subscribers in this
30 Commonwealth for the preceding fiscal year.
20070H1490B4021 - 34 -
1 (2) The total number of actual subscribers within each
2 zip code in this Commonwealth for the preceding fiscal year.
3 (3) A description and map of the physical area in which
4 the license holder currently offers video services for the
5 preceding fiscal year.
6 (4) A description and map of the physical area in which
7 the license holder plans to offer video services for the next
8 fiscal year. The license holder is not required to build out
9 to all the described areas indicated to the commission, as
10 long as the provisions of this chapter are being met.
11 § 30A16. Discrimination in provision of service prohibited.
12 (a) General rule.--The franchise holder shall make all
13 efforts to become capable of providing cable service to all
14 households within the designated service area footprint. A cable
15 operator that has been granted a Statewide franchise under this
16 chapter shall not deny access to cable service to any group of
17 potential residential subscribers because of the income or race
18 of the residents in the local area in which such group resides.
19 A franchisee must submit to the commission a development
20 schedule, setting forth the municipalities to be served, the
21 date service shall begin in each proposed municipality, and a
22 date certain by which each community will be able to receive
23 cable service. The commission shall ensure that the build-out
24 process is not discriminatory based on an area's class or race.
25 If deployment of cable services under a Statewide franchise is
26 scheduled for deployment in a given area, the cable operator
27 must offer service to all residents within the geographic area
28 or the commission may terminate the franchise pursuant to
29 section 30A08 (relating to termination of Statewide franchise).
30 (b) Enforcement.--If the commission determines that a cable
20070H1490B4021 - 35 -
1 operator has denied access to cable service to a group of
2 potential residential subscribers because of the income levels
3 of the residents of the local area in which such group resides
4 or has failed to meet the requirements of the section, the
5 commission is authorized to, after conducting a hearing with
6 full notice and opportunity to be heard, impose monetary
7 penalties of not less than $50,000 nor more than $100,000 per
8 municipality, not to exceed a total of $3,650,000 per year for
9 all violations. A municipality in which the provider offers
10 cable service shall be an appropriate party in any such
11 proceeding.
12 § 30A17. Requirement for adequate service and consumer
13 protection.
14 Every cable operator shall provide safe, adequate and
15 reliable service in accordance with applicable laws, regulations
16 and franchise requirements. Cable operators with a Statewide
17 franchise or a franchise issued by a municipality are subject to
18 any customer service standards pertaining to the provision of
19 cable service established by law or regulation. All customer
20 service and consumer protection standards under this section
21 shall be interpreted and applied to accommodate newer or
22 different technologies while meeting or exceeding the goals of
23 these standards. Not withstanding any other provisions of this
24 chapter, all customer service standards and consumer protection
25 standards shall be interpreted and applied to any cable system
26 operators as defined in this chapter who also provide
27 telecommunications services to any customers in their service
28 territory; and such telecommunications service providers shall
29 be subject to the customer service and consumer protection
30 requirements established in 52 Pa. Code Chs. 63 (relating to
20070H1490B4021 - 36 -
1 telephone service) and 64 (relating to standards and billing
2 practices for residential telephone service) and section
3 3019(b)(2) (relating to additional powers and duties).
4 § 30A18. Enforcement.
5 The exclusive remedy for enforcing the provisions of this
6 chapter, shall be the commission. In addition to any other
7 authority established under law, the Office of Consumer Advocate
8 and the Office of Small Business Advocate shall have the
9 authority to represent the interests of consumers under this
10 chapter.
11 § 30A19. Statewide high-speed broadband assessment and
12 development.
13 (a) General rule.--The Department of Community and Economic
14 Development shall enlist a public-private partnership to
15 implement a comprehensive, Statewide high-speed broadband
16 Internet deployment and adoption initiative with the purpose of:
17 (1) Ensuring that all Commonwealth residents and
18 businesses have access to affordable and reliable high-speed
19 broadband Internet services.
20 (2) Achieving improved technology literacy, increased
21 computer ownership and high-speed broadband Internet use
22 among Commonwealth residents and businesses.
23 (3) Establishing and empowering local technology teams
24 in each county to plan for improved technology use across
25 multiple community sectors.
26 (4) Establishing and sustaining an environment ripe for
27 telecommunications and technology investment Statewide.
28 (b) Private-public partnership to cooperate.--The public-
29 private partnership as set forth in subsection (a) shall include
30 input and cooperation among State agencies and bodies
20070H1490B4021 - 37 -
1 representing economic development, local community development,
2 technology planning, education, health care and other relevant
3 entities. The public entities within the partnership shall
4 collaborate with telecommunications providers, technology
5 companies, telecommunications labor organizations, community-
6 based organizations and relevant private sector entities to
7 achieve the purposes set forth in subsection (a).
8 (c) Requirements.--The high-speed broadband Internet
9 deployment and adoption initiative as set forth in paragraph (2)
10 shall include, but not be limited to:
11 (1) Creating a geographic Statewide inventory of high-
12 speed broadband Internet service and other relevant
13 telecommunications and information technology services. The
14 inventory shall:
15 (i) Identify geographic gaps in high-speed broadband
16 Internet service through a method of geographic
17 information systems (GIS) mapping of service availability
18 and GIS analysis at the census block level.
19 (ii) Provide a baseline assessment of Statewide
20 high-speed broadband Internet deployment in terms of
21 percentage of households with high-speed broadband
22 Internet availability.
23 (iii) Provide updates to these data every six
24 months.
25 (2) Tracking Statewide residential and business adoption
26 of high-speed broadband Internet, computers and related
27 information technology; identifying barriers to adoption; and
28 measuring progress on these data annually.
29 (3) Building and facilitating in each county or
30 designated region a local technology planning team with
20070H1490B4021 - 38 -
1 members representing a cross section of the community,
2 including, but not limited to, representatives of business,
3 telecommunications labor organizations, K-12 education,
4 health care, libraries, higher education, community-based
5 organizations, local government, tourism, parks and
6 recreation and agriculture. Each team shall benchmark
7 technology use across relevant community sectors, set goals
8 for improved technology use within each sector and develop a
9 tactical business plan for achieving its goals, with specific
10 recommendations for online application development and demand
11 creation.
12 (4) Working collaboratively with high-speed broadband
13 Internet providers and technology companies across this
14 Commonwealth to encourage deployment and use, especially in
15 underserved areas, through the use of local demand
16 aggregation, mapping analysis and the creation of market
17 intelligence to improve the business case for providers to
18 deploy.
19 (5) Establishing programs to improve computer ownership
20 and Internet access for disenfranchised populations across
21 this Commonwealth.
22 (d) Contracting with nonprofit.--The Department of Community
23 and Economic Development may contract with a nonprofit
24 organization to accomplish the objectives set forth in this
25 chapter. The organization shall have an established competency
26 in working with public and private sectors to accomplish wide-
27 scale deployment and adoption of telecommunications and
28 information technology.
29 Section 2. This act shall take effect immediately.
30 SECTION 1. DECLARATION OF POLICY. <--
20070H1490B4021 - 39 -
1 THE FOLLOWING IS DECLARED TO BE THE POLICY OF THE GENERAL
2 ASSEMBLY:
3 (1) BROADBAND AVAILABILITY IS A CRITICAL FACTOR OF
4 ECONOMIC DEVELOPMENT TO STIMULATE COMMERCE AND INCREASE JOB
5 CREATION AND RETENTION IN THIS COMMONWEALTH.
6 (2) HIGH-SPEED INTERNET ACCESS, OR BROADBAND, IS
7 ESSENTIAL INFRASTRUCTURE THAT HAS BEEN PROVEN TO STIMULATE
8 ECONOMIC DEVELOPMENT, CREATE JOBS AND INCREASE PROPERTY
9 VALUES AND TAX RECEIPTS.
10 (3) THE DEPLOYMENT AND ADOPTION OF BROADBAND TECHNOLOGY
11 HAS RESULTED IN ENHANCED ECONOMIC DEVELOPMENT AND PUBLIC
12 SAFETY, IMPROVED HEALTH CARE AND EDUCATIONAL OPPORTUNITIES
13 AND A BETTER QUALITY OF LIFE FOR ALL PENNSYLVANIANS.
14 (4) A STATEWIDE BROADBAND INVENTORY ESTABLISHED IN 66
15 PA.C.S. CH. 30 (RELATING TO ALTERNATIVE FORM OF REGULATION OF
16 TELECOMMUNICATIONS SERVICES) IS A VITAL BUILDING BLOCK TO A
17 MORE INFORMED BROADBAND POLICY.
18 (5) IMPROVING DATA COLLECTION AND MAPPING OF THE
19 DEPLOYMENT AND ADOPTION OF BROADBAND SERVICE WILL ASSIST IN
20 IDENTIFYING ANY UNDERSERVED AREAS AND UTILIZING EXISTING
21 RESOURCES TO TRIGGER THE DEPLOYMENT OF BROADBAND SERVICES IN
22 SUCH AREAS.
23 (6) THE GENERAL ASSEMBLY RECOGNIZES AND ENCOURAGES
24 COMPLEMENTARY STATE EFFORTS TO IMPROVE THE QUALITY AND
25 USEFULNESS OF BROADBAND DATA COLLECTED AT THE DEPARTMENT OF
26 COMMUNITY AND ECONOMIC DEVELOPMENT AS REQUIRED UNDER 66
27 PA.C.S. CH. 30.
28 (7) THE GENERAL ASSEMBLY CONTINUES TO ENCOURAGE AND
29 SUPPORT THE ESTABLISHED PARTNERSHIP BETWEEN PUBLIC AND
30 PRIVATE SECTORS IN THE UNIVERSAL DEPLOYMENT OF BROADBAND
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1 SERVICES AS MANDATED UNDER 66 PA.C.S. CH. 30 FOR THE
2 RESIDENTS AND BUSINESSES OF THIS COMMONWEALTH.
3 SECTION 2. MAPPING AND REPORT.
4 THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL
5 WORK COLLABORATIVELY WITH ALTERNATIVE SERVICE PROVIDERS,
6 BROADBAND SERVICE PROVIDERS AND INFORMATION TECHNOLOGY
7 COMPANIES, AS MANDATED UNDER 66 PA.C.S. CH. 30 (RELATING TO
8 ALTERNATIVE FORM OF REGULATION OF TELECOMMUNICATIONS SERVICES)
9 IN ORDER TO:
10 (1) MAINTAIN AND UPDATE THE COMMONWEALTH'S BROADBAND
11 INVENTORY MAP ON ITS INTERNET WEBSITE NO LESS THAN ON A
12 MONTHLY BASIS TO:
13 (I) IDENTIFY BROADBAND SERVICE PENETRATION LEVELS
14 THROUGH A METHOD OF GEOGRAPHIC INFORMATION SYSTEM MAPPING
15 OF SERVICE AVAILABILITY;
16 (II) UTILIZE EXISTING STATE PROGRAMS TO AGGREGATE
17 DEMAND FOR THE INCREASED DEPLOYMENT OF HIGH-SPEED
18 BROADBAND IN ANY UNDERSERVED AREAS; AND
19 (III) PROVIDE A BASELINE AND ONGOING ASSESSMENT OF
20 STATEWIDE BROADBAND DEPLOYMENT IN TERMS OF TOTAL
21 HOUSEHOLDS WITH HIGH-SPEED BROADBAND AVAILABILITY.
22 (2) PROTECT THE CONFIDENTIALITY OF TRADE SECRETS AND
23 OTHER PROPRIETARY BUSINESS INFORMATION OF ALTERNATIVE SERVICE
24 PROVIDERS, BROADBAND SERVICE PROVIDERS AND INFORMATION
25 SERVICE PROVIDERS.
26 (3) ISSUE AN ANNUAL REPORT TO THE GENERAL ASSEMBLY
27 DETAILING ITS EFFORTS TO MAP BROADBAND AVAILABILITY
28 THROUGHOUT THIS COMMONWEALTH, IDENTIFY UNDERSERVED AREAS AND
29 ASSIST IN THE INCREASED DEPLOYMENT OF HIGH-SPEED BROADBAND
30 SERVICES UNDER EXISTING STATE PROGRAMS.
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1 SECTION 3. EFFECTIVE DATE.
2 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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