PRINTER'S NO. 2006
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1427
Session of
2015
INTRODUCED BY MULLERY, COHEN, CARROLL, TOPPER, MILLARD,
PASHINSKI, BARRAR, D. COSTA, THOMAS, KAVULICH, MOUL,
DONATUCCI, SCHREIBER, ROZZI, RADER, TOOHIL, SCHLOSSBERG,
SAYLOR AND EVERETT, JUNE 30, 2015
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 30, 2015
AN ACT
Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
act relating to the rights, obligations and liabilities of
landlord and tenant and of parties dealing with them and
amending, revising, changing and consolidating the law
relating thereto," in tenants' rights to cable television,
further providing for definitions, for right to render
services and notice and for compensation for physical damage.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 501-B(5) of the act of April 6, 1951
(P.L.69, No.20), known as The Landlord and Tenant Act of 1951,
added December 20, 1990 (P.L.1465, No.221), is amended and the
section is amended by adding a paragraph to read:
Section 501-B. Definitions.--As used in this article--
* * *
(5) "Operator" shall include the operator of a CATV system
holding a franchise granted by the municipality or
municipalities in which the multiple dwelling premises to be
served is located[.] or satellite television provider.
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(6) "Satellite television" shall include a system that
transmits, distributes or broadcasts video programming or
services by satellite directly to a subscriber's premises
without the use of ground receiving or distribution equipment
except at the site of a subscriber or in the uplink process to
the satellite.
Section 2. Sections 504-B and 505-B of the act, added
December 20, 1990 (P.L.1465, No.221), are amended to read:
Section 504-B. Right to Render Services; Notice.--If a
tenant of a multiple dwelling premises requests an operator to
provide CATV services or satellite television and if the
operator decides that it will provide such services, the
operator shall so notify the landlord [in writing] by certified
letter within ten days after the operator decides to provide
such service. If the operator fails to provide such notice, then
the tenant's request shall be terminated. If the operator agrees
to provide said CATV services or satellite television, then a
forty-five day period of negotiation between the landlord and
the operator shall be commenced. This original notice shall
state as follows: "The landlord, tenants and operators have
rights granted under Article V-B of the act of April 6, 1951
(P.L.69, No.20), known as 'The Landlord and Tenant Act of
1951.'" The original notice shall be accompanied by a proposal
outlining the nature of the work to be performed and including
an offer of compensation for loss in value of property given in
exchange for the permanent installation of CATV system or
satellite television facilities. The proposal also shall include
a statement that the operator is liable to the landlord for any
physical damage, shall set forth the means by which the operator
will comply with the installation requirements of the landlord
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pursuant to section 505-B and shall state the time period for
installation and security to be provided. The landlord may waive
his right to security at any time in the negotiation process.
During the forty-five day period, the landlord and the
operator will attempt to reach an agreement concerning the terms
upon which CATV services or satellite television shall be
provided. If, within the forty-five day period or at any time
thereafter, the proposal results in an agreement between the
landlord and the operator, CATV services or satellite television
shall be provided in accordance with the agreement. If, at the
end of the forty-five day period, the proposal does not result
in an agreement between the landlord and the operator, then this
article shall apply. The right of a tenant to receive CATV
service or satellite television from an operator of his choice
may not be delayed beyond the forty-five day period contained in
the original notice or otherwise impaired unless the matter
proceeds to arbitration or court as provided in this article. An
operator may bring a civil action to enforce the right of CATV
services or satellite television installation given under this
article.
Section 505-B. Compensation for Physical Damage.--An
operator shall be liable to the landlord for any physical damage
caused by the installation, operation or removal of CATV system
facilities or satellite television. A landlord may require that
the installation of cable television facilities or satellite
television conform to such reasonable conditions as are
necessary to protect the safety, functioning and appearance of
the premises and the convenience and well-being of tenants. A
landlord may also require that the installation of cable
television facilities or satellite television conforms to
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reasonable requirements as to the location of main cable
connections to the premises, the routing of cable lines through
the premises and the overall appearance of the finished
installation. To the extent possible, the location of the entry
of a main cable connection to the premises shall be made at the
same location as the entry into the premises of public utility
connections. A second or subsequent installation of cable
television facilities or satellite television, if any, shall
conform to such reasonable requirements in such a way as to
minimize further physical intrusion to or through the premises.
Section 3. This act shall take effect in 60 days.
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