PRINTER'S NO. 1337
No. 1198 Session of 1997
INTRODUCED BY HABAY, MANDERINO, TRELLO, GANNON, SHANER, HORSEY,
RAMOS, YOUNGBLOOD AND TIGUE, APRIL 7, 1997
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 7, 1997
AN ACT
1 Providing for cable service franchise agreements.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Cable Service
6 Consumer Protection Act.
7 Section 2. Declaration of policy.
8 The General Assembly finds and declares as follows:
9 (1) Cable television is an important medium of public
10 communication, education and entertainment.
11 (2) It is in the public interest to assure that cable
12 operators provide an adequate level of customer service to
13 cable subscribers.
14 (3) It is in the public interest to provide for billing
15 practices which provide for payment services rendered and
16 received and to prohibit the practice of advance billing.
17 (4) It is in the public interest to prohibit billing
1 practices that require late payment fees, which could affect
2 the affordability of cable service.
3 Section 3. Definitions.
4 The following words and phrases when used in this act shall
5 have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "CATV system." A system or facility or part thereof which
8 consists of a set of transmission paths and associated signal
9 generation, reception, amplification and control equipment which
10 is operated or intended to be operated to perform the service of
11 receiving and amplifying and distributing and redistributing
12 signals broadcast or transmitted by one or more television or
13 radio stations or information distribution service companies,
14 including, but not limited to, the cable communications system
15 owner, operator or manager itself, to subscribers. The term
16 includes the service of distributing any video, audio, digital,
17 light or audio-video signals, whether broadcast or otherwise.
18 "Holding a franchise." Obtaining municipal consent to or
19 approval of the construction or operation of a CATV system and
20 the rendering of cable television services, whether granted by
21 resolution, ordinance or written agreement. The term includes a
22 person who has constructed and is operating a CATV system within
23 the public right-of-way of a municipality which, at the time of
24 construction and initial operation of the CATV system, did not
25 require that municipal consent be obtained.
26 "Municipality." A city, borough, incorporated town or
27 township.
28 "Operator." The operator of a CATV system holding a
29 franchise granted by a municipality or municipalities.
30 Section 4. Cable service franchise agreements.
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1 A municipality granting a franchise to an operator of a CATV
2 system shall enforce the customer service standards under 47 CFR
3 76.309 (relating to customer service obligations). In addition,
4 no municipality granting a franchise shall enter into an
5 agreement with a cable operator which provides for advance
6 billing or late fee charges for services not rendered.
7 Section 5. Construction.
8 The provisions of this act shall be construed in a manner
9 consistent with the provisions of the Cable Television Consumer
10 Protection and Competition Act of 1992 (Public Law 102-385, 47
11 U.S.C. § 325 et seq.) and regulations promulgated under that
12 act. Nothing in this act shall be construed to regulate rates
13 under the Cable Television Consumer Protection and Competition
14 Act of 1992.
15 Section 6. Application of act to prior agreements.
16 This act shall not apply to any agreement entered into prior
17 to the effective date of this act, except that a renewal of such
18 an agreement shall not be excluded from the application of this
19 act.
20 Section 7. Effective date.
21 This act shall take effect in 60 days.
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