PRINTER'S NO. 1810
No. 1549 Session of 1989
INTRODUCED BY VAN HORNE, LASHINGER, COY, ROBINSON, TRELLO,
TIGUE, MICHLOVIC, CAWLEY, McVERRY, CAPPABIANCA, PISTELLA,
MAIALE, SERAFINI, OLASZ, RICHARDSON, DALEY, SALOOM, ITKIN,
KAISER AND BROUJOS, MAY 23, 1989
REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, MAY 23, 1989
AN ACT
1 Amending the act of April 6, 1951 (P.L.69, No.20), entitled "An
2 act relating to the rights, obligations and liabilities of
3 landlord and tenant and of parties dealing with them and
4 amending, revising, changing and consolidating the law
5 relating thereto," providing for tenants' access to cable
6 television; and providing for remedies.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. The act of April 6, 1951 (P.L.69, No.20), known
10 as The Landlord and Tenant Act of 1951, is amended by adding an
11 article to read:
12 ARTICLE V-B.
13 TENANTS' RIGHTS TO CABLE TELEVISION.
14 Section 501-B. Definitions.--As used in this article--
15 (1) "CATV system" or "cable television system" a system or
16 facility or part of a system or facility which consists of a set
17 of transmission paths and associated signal generation,
18 reception, amplification and control equipment which is operated
19 or intended to be operated to perform the service of receiving
1 and amplifying and distributing and redistributing signals
2 broadcast or transmitted by a television or radio station or an
3 information distribution service company, including the cable
4 communications system owner, operator or manager itself, to
5 subscribers. The term shall include the service of distributing
6 video, audio, digital, light or audio-visual signals, whether
7 broadcast or otherwise.
8 (2) "Holding a franchise" obtaining municipal consent to, or
9 approval of, the construction or operation of a CATV system and
10 the rendering of CATV services, whether granted by resolution,
11 ordinance or written agreement. The term shall include a person
12 who has constructed and is operating a CATV system within the
13 public right-of-way of a municipality which, at the time of
14 construction and initial operation of the CATV system, did not
15 require that municipal consent or approval be obtained.
16 (3) "Landlord" an individual or entity owning, controlling,
17 leasing, operating or managing multiple dwelling premises.
18 (4) "Multiple dwelling premises" any area occupied by
19 dwelling units, appurtenances thereto, grounds and facilities,
20 which dwelling units are intended or designed to be occupied or
21 leased for occupation, or actually occupied, as individual homes
22 or residences for three or more households. The term shall
23 include mobile home parks.
24 (5) "Operator" the operator of a CATV system holding a
25 franchise granted in the municipality in which the multiple
26 dwelling premises to be served is located.
27 Section 502-B. Tenants Protected.--A landlord may not
28 discriminate in rental or other charges between tenants who
29 subscribe to the services of a CATV system and those who do not.
30 The landlord may, however, require reasonable compensation in
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1 exchange for a permanent taking of property resulting from the
2 installation of CATV system facilities within and upon the
3 multiple dwelling premises, to be paid by an operator. The
4 compensation shall be determined in accordance with this
5 article.
6 Section 503-B. Right of Access.--A landlord may not prohibit
7 or otherwise prevent a tenant from requesting or acquiring CATV
8 services from an operator of the tenant's choice. A landlord may
9 not prevent an operator from entering the premises for the
10 purposes of constructing, reconstructing, installing or
11 servicing CATV system facilities if a tenant of a multiple
12 dwelling premises has requested CATV services. The operator
13 shall retain ownership of wiring and equipment used in
14 installation or upgrade of a CATV system in multiple dwelling
15 premises. An operator may not provide CATV service to an
16 individual dwelling unit unless permission has been given by or
17 received from the tenant occupying the unit.
18 Section 504-B. Right to Render Services.--If a tenant of a
19 multiple dwelling premises requests an operator to provide CATV
20 services, and if the operator decides that it will provide such
21 services, the operator shall so notify the landlord, in writing,
22 at least five days prior to entering the premises for the
23 purpose of commencing the initial construction or installation
24 of the CATV system facilities. The notification shall state as
25 follows: "The landlord, tenants and operators have rights
26 granted under Article V-B of the act of April 6, 1951 (P.L.69,
27 No.20), known as 'The Landlord and Tenant Act of 1951.'" The
28 right of an operator to construct, reconstruct, install or
29 repair CATV system facilities and maintain the CATV services may
30 not be delayed or impaired because of giving notice under
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1 section 506-B(b)(1), the assertion of a claim or the initiation
2 of legal action to enforce a claim. An operator may bring an
3 action in equity to enforce the right of access given under this
4 section.
5 Section 505-B. Compensation for Physical Damage.--An
6 operator shall be liable to the landlord for physical damage
7 caused by the installation, operation or removal of CATV system
8 facilities. A landlord may require that the installation of
9 cable television facilities conform to reasonable conditions
10 necessary to protect the safety, functioning and appearance of
11 the premises and the convenience and well-being of tenants. A
12 landlord may bring a civil action to enforce the rights
13 conferred by this section.
14 Section 506-B. Compensation for Loss of Value.--
15 (a) A landlord shall be entitled to just compensation from
16 the operator resulting from loss in value of property resulting
17 from the permanent installation of CATV system facilities.
18 Compensation shall be presumed to be one dollar ($1) for the
19 permanent installation of CATV system facilities.
20 (b) If a landlord believes that the loss in value of the
21 property exceeds one dollar ($1), the issue of just compensation
22 shall be determined in accordance with the following procedure:
23 (1) Within twenty days of the date when the landlord is
24 notified that the operator intends to construct or install CATV
25 system facilities in multiple dwelling premises, the landlord
26 shall serve upon the operator written notice that the landlord
27 demands a greater amount of compensation. Unless written notice
28 is given by the landlord to the operator within the twenty-day
29 period, it shall be presumed conclusively that the landlord does
30 not claim or intend to require the payment of a sum in excess of
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1 one dollar ($1) for the permanent installation of CATV system
2 facilities.
3 (2) Within thirty days from the date of the written notice
4 under clause (1), the landlord shall advise the operator, in
5 writing, of the specific amount claimed as compensation.
6 (3) Within sixty days from the receipt of the claim under
7 clause (2), the operator shall decide whether or not to agree to
8 pay the amount claimed or some other amount acceptable to the
9 landlord.
10 (4) At the expiration of the sixty-day period under clause
11 (3), if the operator has not agreed to pay the amount claimed or
12 some other amount acceptable to the landlord, has rejected the
13 landlord's claim or has not responded to it in writing, the
14 landlord may bring a civil action for compensation.
15 (5) A civil action for compensation must be commenced no
16 later than six months from the date of the written claim under
17 clause (2).
18 (6) At any time after the commencement of the civil action
19 for compensation, the landlord may apply to the court in which
20 the action is pending to require the operator to give security
21 by the filing of a bond for the use of the landlord, without
22 surety, in an amount to be fixed by the court. The condition of
23 the bond shall be that the operator shall pay the amount of
24 compensation as determined by law.
25 (c) In an action brought to enforce a landlord's rights to
26 compensation, it shall be presumed that reasonable compensation
27 shall be one dollar ($1). The presumption may be rebutted and
28 overcome by evidence that the landlord has a specific
29 alternative use for the space occupied or to be occupied by CATV
30 system facilities or equipment and the loss of the space will
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1 result in a monetary loss to the owner or that installation of
2 CATV system facilities upon the multiple dwelling premises will
3 otherwise substantially interfere with the use and occupancy of
4 the premises to an extent which causes a decrease in the resale
5 or rental value of the premises.
6 (d) In determining the damages to a landlord in an action
7 under this section, compensation shall be measured by the loss
8 in value of the landlord's property. An amount representing
9 increase in value of the property occurring by reason of the
10 installation of CATV system facilities shall be deducted from
11 the compensation.
12 (e) The procedure in an action to recover compensation under
13 this section shall be in accordance with the procedures set
14 forth in the act of June 22, 1964 (Sp.Sess., P.L.84, No.6),
15 known as the "Eminent Domain Code," to the extent that that act
16 is not inconsistent with this section.
17 Section 507-B. Venue.--The court of common pleas of the
18 county in which the multiple dwelling premises or affected part
19 is located shall have venue of actions to enforce the provisions
20 of this article.
21 Section 2. The General Assembly finds and declares as
22 follows:
23 (1) Cable television has become an important medium of
24 public communication, education and entertainment.
25 (2) It is in the public interest to assure apartment
26 residents and other tenants of leased residential dwellings
27 access to cable television service of a quality and cost
28 comparable to service available to residents living in
29 personally owned dwellings.
30 (3) It is in the public interest to afford apartment
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1 residents and other tenants of leased residential dwellings
2 the opportunity to obtain cable television service of their
3 choice and to prevent landlords from treating such residents
4 and tenants as a captive market for the sale of television
5 reception services selected or provided by the landlord.
6 Section 3. This act shall take effect in 60 days.
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