SENATE AMENDED
PRIOR PRINTER'S NOS. 1810, 3647, 3799 PRINTER'S NO. 4300
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
SENATOR GREENWOOD, URBAN AFFAIRS AND HOUSING, IN SENATE, AS
AMENDED, NOVEMBER 14, 1990
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 REMOVAL OF TENANTS FOR DRUG <--
6 VIOLATIONS; providing for tenants' access to cable
7 television; and providing for remedies.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of April 6, 1951 (P.L.69, No.20), known <--
11 as The Landlord and Tenant Act of 1951, is amended by adding an
12 article to read:
13 ARTICLE V-B.
14 TENANTS' RIGHTS TO CABLE TELEVISION.
15 Section 501-B. Definitions.--As used in this article--
16 (1) "CATV system" or "cable television system" a system or
17 facility or part of a system or facility which consists of a set
18 of transmission paths and associated signal generation,
1 reception, amplification and control equipment which is operated
2 or intended to be operated to perform the service of receiving
3 and amplifying and distributing and redistributing signals
4 broadcast or transmitted by a television or radio station or an
5 information distribution service company, including the cable
6 communications system owner, operator or manager itself, to
7 subscribers. The term shall include the service of distributing
8 video, audio, digital, light or audiovisual signals, whether
9 broadcast or otherwise.
10 (2) "Landlord" an individual or entity owning, controlling,
11 leasing, operating or managing multiple dwelling premises.
12 (3) "Multiple dwelling premises" any area occupied by
13 dwelling units, appurtenances thereto, grounds and facilities,
14 which dwelling units are intended or designed to be occupied or
15 leased for occupation, or actually occupied, as individual homes
16 or residences for three or more households. The term shall
17 include mobile home parks.
18 (4) "Operator" the operator of a CATV system.
19 Section 502-B. Tenants Protected.--A landlord of a multiple
20 dwelling premises may not discriminate in rental or other
21 charges between tenants who subscribe to the services of a CATV
22 system and those who do not.
23 Section 503-B. Right of Access.--A landlord of a multiple
24 dwelling premises may not prohibit or otherwise prevent tenants
25 from requesting or acquiring CATV services from an operator of
26 the tenant's choice. A landlord may not prevent an operator from
27 entering the premises for the purposes of constructing,
28 reconstructing, installing or servicing CATV system facilities
29 if the tenants of a multiple dwelling premises has requested
30 CATV services, provided that the operator has a legally executed
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1 agreement with the landlord specifying the nature of the work to
2 be performed, compensation, if any, for damages and loss of
3 value, provisions for ownership and maintenance of the
4 facilities, protection of tenants, security to guarantee
5 completion of work and restoration of the premises and other
6 such matters mutually agreed to by the operator and landlord.
7 The operator shall retain ownership of wiring and equipment used
8 in installation or upgrade of a CATV system in multiple dwelling
9 premises unless otherwise agreed to in the written agreement. An
10 operator may not provide CATV service to an individual dwelling
11 unit unless permission has been given by or received from the
12 owner of the unit.
13 Section 504-B. Right to Render Service.--If at least fifty
14 percent (50%) of the tenants of a multiple dwelling premises
15 requests an operator to provide CATV services, and if the
16 operator decides that it will provide such services, the
17 operator shall so notify the landlord, in writing. The
18 notification shall state as follows: "The landlord, tenants and
19 operators have rights granted under Article V-B of the act of
20 April 6, 1951 (P.L.69, No.20), known as 'The Landlord and Tenant
21 Act of 1951,'" and shall include a detailed proposal outlining
22 the nature of the work to be performed, offers of compensation,
23 if any, for damages and loss of value, ownership and maintenance
24 of the facilities, protection of tenants and performance
25 guarantee. Failure to submit a bona fide proposal at the time of
26 notice will constitute a waiver of all rights granted in this
27 act. Within ninety (90) days of the submission of a proposal for
28 CATV service, the landlord shall respond to the operator's
29 proposal. If a formal agreement is not executed within ninety
30 (90) days of the submission of a proposal by an operator an
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1 operator may bring a civil action enforce the right of access
2 given under this section.
3 Section 505-B. Compensation for Physical Damage.--An
4 operator shall be liable to the landlord for physical damage
5 caused by the installation, operation or removal of CATV system
6 facilities. A landlord may require that the installation of
7 cable television facilities conform to reasonable conditions
8 necessary to protect the safety, functioning and appearance of
9 the premises and the convenience and well-being of tenants. A
10 landlord may also require that the installation of cable
11 television facilities conforms to reasonable requirements as to
12 the location of main cable connections to any building, the
13 routing of cable lines through the building and the overall
14 appearance of the finished installation. To the extent possible,
15 the location of the entry of a main cable connection to the
16 building shall be made at the same location as the entry into
17 the building of public utility connections. A second or
18 subsequent installation of cable television facilities, if any,
19 shall conform to such reasonable requirements in such a way as
20 to minimize further physical intrusion to or through the
21 building. A landlord may bring a civil action to enforce the
22 rights conferred by this section.
23 Section 506-B. Compensation for Loss of Value.--A landlord
24 shall be entitled to just compensation from the operator
25 resulting from loss in value of property resulting from the
26 permanent installation of CATV system facilities. Compensation
27 shall be as agreed to in the formal agreement or as determined
28 by a court of law.
29 Section 507-B. Venue.--The court of common pleas of the
30 county in which the multiple dwelling premises or affected part
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1 is located shall have venue of actions to enforce the provisions
2 of this article.
3 Section 508-B. Alternative Service.--Nothing in this act
4 shall preclude a landlord from offering alternative CATV
5 services to tenants provided that the condition of section 502-B
6 is not violated.
7 Section 509-B. Compliance with Requirements for Historical
8 Buildings.--The operator shall comply with all Federal, State or
9 local statutes, rules, regulations or ordinances with respect to
10 buildings located in historical districts.
11 SECTION 1. SECTION 501 OF THE ACT OF APRIL 6, 1951 (P.L.69, <--
12 NO.20), KNOWN AS THE LANDLORD AND TENANT ACT OF 1951, REPEALED
13 IN PART APRIL 28, 1978 (P.L.202, NO.53), IS AMENDED TO READ:
14 SECTION 501. NOTICE TO QUIT.--A LANDLORD DESIROUS OF
15 REPOSSESSING REAL PROPERTY FROM A TENANT MAY NOTIFY, IN WRITING,
16 THE TENANT TO REMOVE FROM THE SAME AT THE EXPIRATION OF THE TIME
17 SPECIFIED IN THE NOTICE UNDER THE FOLLOWING CIRCUMSTANCES,
18 NAMELY, (1) UPON THE TERMINATION OF A TERM OF THE TENANT, (2) OR
19 UPON FORFEITURE OF THE LEASE FOR BREACH OF ITS CONDITIONS, (3)
20 OR UPON THE FAILURE OF THE TENANT, UPON DEMAND, TO SATISFY ANY
21 RENT RESERVED AND DUE.
22 IN CASE OF THE EXPIRATION OF A TERM OR OF A FORFEITURE FOR
23 BREACH OF THE CONDITIONS OF THE LEASE WHERE THE LEASE IS FOR ANY
24 TERM OF LESS THAN ONE YEAR OR FOR AN INDETERMINATE TIME, THE
25 NOTICE SHALL SPECIFY THAT THE TENANT SHALL REMOVE WITHIN THIRTY
26 DAYS FROM THE DATE OF SERVICE THEREOF, AND WHEN THE LEASE IS FOR
27 ONE YEAR OR MORE, THEN WITHIN THREE MONTHS FROM THE DATE OF
28 SERVICE THEREOF. IN CASE OF FAILURE OF THE TENANT, UPON DEMAND,
29 TO SATISFY ANY RENT RESERVED AND DUE, THE NOTICE, IF GIVEN ON OR
30 AFTER APRIL FIRST AND BEFORE SEPTEMBER FIRST, SHALL SPECIFY THAT
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1 THE TENANT SHALL REMOVE WITHIN FIFTEEN DAYS FROM THE DATE OF THE
2 SERVICE THEREOF, AND IF GIVEN ON OR AFTER SEPTEMBER FIRST AND
3 BEFORE APRIL FIRST, THEN WITHIN THIRTY DAYS FROM THE DATE OF THE
4 SERVICE THEREOF.
5 IN CASE OF TERMINATION DUE TO THE PROVISIONS OF SECTION 505-
6 A, THE NOTICE SHALL SPECIFY THAT THE TENANT SHALL REMOVE WITHIN
7 FIFTEEN DAYS FROM THE DATE OF SERVICE THEREOF.
8 THE NOTICE ABOVE PROVIDED FOR MAY BE FOR A LESSER TIME OR MAY
9 BE WAIVED BY THE TENANT IF THE LEASE SO PROVIDES.
10 THE NOTICE PROVIDED FOR IN THIS SECTION MAY BE SERVED
11 PERSONALLY ON THE TENANT, OR BY LEAVING THE SAME AT THE
12 PRINCIPAL BUILDING UPON THE PREMISES, OR BY POSTING THE SAME
13 CONSPICUOUSLY ON THE LEASED PREMISES.
14 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION AND AN
15 ARTICLE TO READ:
16 SECTION 505-A. USE OF ILLEGAL DRUGS.--(A) THE FOLLOWING
17 ACTS RELATING TO ILLEGAL DRUGS SHALL BE A BREACH OF CONDITION OF
18 THE LEASE AND SHALL BE GROUNDS FOR REMOVAL OF THE TENANT FROM A
19 SINGLE-FAMILY DWELLING, APARTMENT, MULTIPLE DWELLING PREMISES OR
20 TENEMENT BUILDING:
21 (1) THE FIRST CONVICTION FOR AN ILLEGAL SALE, MANUFACTURE OR
22 DISTRIBUTION OF ANY DRUG IN VIOLATION OF THE ACT OF APRIL 14,
23 1972 (P.L.233, NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE, DRUG,
24 DEVICE AND COSMETIC ACT," ON A SINGLE-FAMILY DWELLING OR ANY
25 PORTION OF THE MULTIPLE DWELLING PREMISES OR TENEMENT;
26 (2) THE SECOND VIOLATION OF ANY OF THE PROVISIONS OF "THE
27 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT" ON A
28 SINGLE-FAMILY DWELLING OR ANY PORTION OF THE MULTIPLE DWELLING
29 PREMISES OR TENEMENT;
30 (3) THE SEIZURE BY LAW ENFORCEMENT OFFICIALS OF ANY ILLEGAL
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1 DRUGS ON THE LEASED PREMISES IN THE SINGLE-FAMILY DWELLING OR
2 MULTIPLE DWELLING PREMISES OR TENEMENT.
3 (B) FAILURE TO REMOVE ANY TENANT FOR VIOLATION OF ANY OF THE
4 PROVISIONS OF SUBSECTION (A) SHALL NOT ACT AS A WAIVER OF THE
5 LANDLORD'S RIGHTS WITH REGARD TO THE SAME OR ANY OTHER TENANT
6 RELATING TO ANY SUBSEQUENT ACTS.
7 ARTICLE V-B.
8 TENANTS' RIGHTS TO CABLE TELEVISION.
9 SECTION 501-B. DEFINITIONS.--AS USED IN THIS ARTICLE--
10 (1) "CATV SYSTEM" OR "CABLE TELEVISION SYSTEM" SHALL INCLUDE
11 A SYSTEM OR FACILITY OR PART THEREOF WHICH CONSISTS OF A SET OF
12 TRANSMISSION PATHS AND ASSOCIATED SIGNAL GENERATION, RECEPTION,
13 AMPLIFICATION AND CONTROL EQUIPMENT WHICH IS OPERATED OR
14 INTENDED TO BE OPERATED TO PERFORM THE SERVICE OF RECEIVING AND
15 AMPLIFYING AND DISTRIBUTING AND REDISTRIBUTING SIGNALS BROADCAST
16 OR TRANSMITTED BY ONE OR MORE TELEVISION OR RADIO STATIONS OR
17 INFORMATION DISTRIBUTION SERVICE COMPANIES, INCLUDING, BUT NOT
18 LIMITED TO, THE CABLE COMMUNICATIONS SYSTEM OWNER, OPERATOR OR
19 MANAGER ITSELF, TO SUBSCRIBERS. THE TERM SHALL INCLUDE THE
20 SERVICE OF DISTRIBUTING ANY VIDEO, AUDIO, DIGITAL, LIGHT OR
21 AUDIO-VIDEO SIGNALS WHETHER BROADCAST OR OTHERWISE.
22 (2) "HOLDING A FRANCHISE" SHALL INCLUDE OBTAINING MUNICIPAL
23 CONSENT TO, OR APPROVAL OF, THE CONSTRUCTION OR OPERATION OF A
24 CATV SYSTEM AND THE RENDERING OF CATV SERVICES WHETHER GRANTED
25 BY RESOLUTION, ORDINANCE OR WRITTEN AGREEMENT. THE TERM SHALL
26 INCLUDE A PERSON WHO HAS CONSTRUCTED AND IS OPERATING A CATV
27 SYSTEM WITHIN THE PUBLIC RIGHT-OF-WAY OF A MUNICIPALITY WHICH AT
28 THE TIME OF CONSTRUCTION AND INITIAL OPERATION OF SUCH CATV
29 SYSTEM DID NOT REQUIRE THAT MUNICIPAL CONSENT BE OBTAINED.
30 (3) "LANDLORD" SHALL INCLUDE AN INDIVIDUAL OR ENTITY OWNING,
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1 CONTROLLING, LEASING, OPERATING OR MANAGING MULTIPLE DWELLING
2 PREMISES.
3 (4) "MULTIPLE DWELLING PREMISES" SHALL INCLUDE ANY AREA
4 OCCUPIED BY DWELLING UNITS, APPURTENANCES THERETO, GROUNDS AND
5 FACILITIES, WHICH DWELLING UNITS ARE INTENDED OR DESIGNED TO BE
6 OCCUPIED OR LEASED FOR OCCUPATION, OR ACTUALLY OCCUPIED, AS
7 INDIVIDUAL HOMES OR RESIDENCES FOR THREE OR MORE HOUSEHOLDS. THE
8 TERM SHALL INCLUDE MOBILE HOME PARKS.
9 (5) "OPERATOR" SHALL INCLUDE THE OPERATOR OF A CATV SYSTEM
10 HOLDING A FRANCHISE GRANTED BY THE MUNICIPALITY OR
11 MUNICIPALITIES IN WHICH THE MULTIPLE DWELLING PREMISES TO BE
12 SERVED IS LOCATED.
13 SECTION 502-B. TENANTS PROTECTED.--A LANDLORD MAY NOT
14 DISCRIMINATE IN RENTAL OR OTHER CHARGES BETWEEN TENANTS WHO
15 SUBSCRIBE TO THE SERVICES OF A CATV SYSTEM AND THOSE WHO DO NOT.
16 THE LANDLORD MAY, HOWEVER, REQUIRE REASONABLE COMPENSATION IN
17 EXCHANGE FOR A PERMANENT TAKING OF HIS PROPERTY RESULTING FROM
18 THE INSTALLATION OF CATV SYSTEM FACILITIES WITHIN AND UPON HIS
19 MULTIPLE DWELLING PREMISES, TO BE PAID BY AN OPERATOR. THE
20 COMPENSATION SHALL BE DETERMINED IN ACCORDANCE WITH THIS
21 ARTICLE.
22 SECTION 503-B. TENANTS' RIGHTS.--THE TENANT HAS THE RIGHT TO
23 REQUEST AND RECEIVE CATV SERVICES FROM AN OPERATOR OR A LANDLORD
24 PROVIDED THAT THERE HAS BEEN AN AGREEMENT BETWEEN A LANDLORD AND
25 AN OPERATOR THROUGH THE NEGOTIATION PROCESS OUTLINED IN SECTION
26 504(B) OR THROUGH A RULING OF AN ARBITRATOR AS PROVIDED FOR IN
27 THIS ARTICLE. A LANDLORD MAY NOT PROHIBIT OR OTHERWISE PREVENT A
28 TENANT FROM REQUESTING OR ACQUIRING CATV SERVICES FROM AN
29 OPERATOR OF THE TENANT'S CHOICE PROVIDED THAT THERE HAS BEEN AN
30 AGREEMENT BETWEEN A LANDLORD AND AN OPERATOR THROUGH THE
19890H1549B4300 - 8 -
1 NEGOTIATION PROCESS OUTLINED IN SECTION 504(B) OR THROUGH A
2 RULING OF AN ARBITRATOR AS PROVIDED FOR IN THIS ARTICLE. A
3 LANDLORD MAY NOT PREVENT AN OPERATOR FROM ENTERING SUCH PREMISES
4 FOR THE PURPOSES OF CONSTRUCTING, RECONSTRUCTING, INSTALLING,
5 SERVICING OR REPAIRING CATV SYSTEM FACILITIES OR MAINTAINING
6 CATV SERVICES IF A TENANT OF A MULTIPLE DWELLING PREMISES HAS
7 REQUESTED SUCH CATV SERVICES AND IF THE OPERATOR COMPLIES WITH
8 THIS ARTICLE. THE OPERATOR SHALL RETAIN OWNERSHIP OF ALL WIRING
9 AND EQUIPMENT USED IN ANY INSTALLATION OR UPGRADE OF A CATV
10 SYSTEM IN MULTIPLE DWELLING PREMISES. AN OPERATOR SHALL NOT
11 PROVIDE CATV SERVICE TO AN INDIVIDUAL DWELLING UNIT UNLESS
12 PERMISSION HAS BEEN GIVEN BY OR RECEIVED FROM THE TENANT
13 OCCUPYING THE UNIT.
14 SECTION 504-B. RIGHT TO RENDER SERVICES; NOTICE.--IF A
15 TENANT OF A MULTIPLE DWELLING PREMISES REQUESTS AN OPERATOR TO
16 PROVIDE CATV SERVICES, AND IF THE OPERATOR DECIDES THAT IT WILL
17 PROVIDE SUCH SERVICES, THE OPERATOR SHALL SO NOTIFY THE
18 LANDLORD, IN WRITING, WITHIN TEN DAYS AFTER THE OPERATOR DECIDES
19 TO PROVIDE SUCH SERVICE. IF THE OPERATOR FAILS TO PROVIDE SUCH
20 NOTICE THEN THE TENANT'S REQUEST SHALL BE TERMINATED. IF THE
21 OPERATOR AGREES TO PROVIDE SAID CATV SERVICES, THEN A FORTY-FIVE
22 DAY PERIOD OF NEGOTIATION BETWEEN THE LANDLORD AND THE OPERATOR
23 SHALL BE COMMENCED. THIS ORIGINAL NOTICE SHALL STATE AS FOLLOWS:
24 "THE LANDLORD, TENANTS AND OPERATORS HAVE RIGHTS GRANTED UNDER
25 ARTICLE V-B OF THE ACT OF APRIL 6, 1951 (P.L.69, NO.20), KNOWN
26 AS 'THE LANDLORD AND TENANT ACT OF 1951.'" THE ORIGINAL NOTICE
27 SHALL BE ACCOMPANIED BY A PROPOSAL OUTLINING THE NATURE OF THE
28 WORK TO BE PERFORMED AND INCLUDING AN OFFER OF COMPENSATION FOR
29 LOSS IN VALUE OF PROPERTY GIVEN IN EXCHANGE FOR THE PERMANENT
30 INSTALLATION OF CATV SYSTEM FACILITIES. THE PROPOSAL ALSO SHALL
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1 INCLUDE A STATEMENT THAT THE OPERATOR IS LIABLE TO THE LANDLORD
2 FOR ANY PHYSICAL DAMAGE, SHALL SET FORTH THE MEANS BY WHICH THE
3 OPERATOR WILL COMPLY WITH THE INSTALLATION REQUIREMENTS OF THE
4 LANDLORD PURSUANT TO SECTION 505-B, SHALL STATE THE TIME PERIOD
5 FOR INSTALLATION AND SECURITY TO BE PROVIDED. THE LANDLORD MAY
6 WAIVE HIS RIGHT TO SECURITY AT ANY TIME IN THE NEGOTIATION
7 PROCESS.
8 DURING THE FORTY-FIVE DAY PERIOD, THE LANDLORD AND THE
9 OPERATOR WILL ATTEMPT TO REACH AN AGREEMENT CONCERNING THE TERMS
10 UPON WHICH CATV SERVICES SHALL BE PROVIDED. IF, WITHIN THE
11 FORTY-FIVE DAY PERIOD OR AT ANY TIME THEREAFTER, THE PROPOSAL
12 RESULTS IN AN AGREEMENT BETWEEN THE LANDLORD AND THE OPERATOR,
13 CATV SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH THE
14 AGREEMENT. IF, AT THE END OF THE FORTY-FIVE DAY PERIOD, THE
15 PROPOSAL DOES NOT RESULT IN AN AGREEMENT BETWEEN THE LANDLORD
16 AND THE OPERATOR, THEN THIS ARTICLE SHALL APPLY. THE RIGHT OF A
17 TENANT TO RECEIVE CATV SERVICE FROM AN OPERATOR OF HIS CHOICE
18 MAY NOT BE DELAYED BEYOND THE FORTY-FIVE DAY PERIOD CONTAINED IN
19 THE ORIGINAL NOTICE OR OTHERWISE IMPAIRED UNLESS THE MATTER
20 PROCEEDS TO ARBITRATION OR COURT AS PROVIDED IN THIS ARTICLE. AN
21 OPERATOR MAY BRING A CIVIL ACTION TO ENFORCE THE RIGHT OF CATV
22 SERVICES INSTALLATION GIVEN UNDER THIS ARTICLE.
23 SECTION 505-B. COMPENSATION FOR PHYSICAL DAMAGE.--AN
24 OPERATOR SHALL BE LIABLE TO THE LANDLORD FOR ANY PHYSICAL DAMAGE
25 CAUSED BY THE INSTALLATION, OPERATION OR REMOVAL OF CATV SYSTEM
26 FACILITIES. A LANDLORD MAY REQUIRE THAT THE INSTALLATION OF
27 CABLE TELEVISION FACILITIES CONFORM TO SUCH REASONABLE
28 CONDITIONS AS ARE NECESSARY TO PROTECT THE SAFETY, FUNCTIONING
29 AND APPEARANCE OF THE PREMISES, AND THE CONVENIENCE AND WELL-
30 BEING OF TENANTS. A LANDLORD MAY ALSO REQUIRE THAT THE
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1 INSTALLATION OF CABLE TELEVISION FACILITIES CONFORMS TO
2 REASONABLE REQUIREMENTS AS TO THE LOCATION OF MAIN CABLE
3 CONNECTIONS TO THE PREMISES, THE ROUTING OF CABLE LINES THROUGH
4 THE PREMISES AND THE OVERALL APPEARANCE OF THE FINISHED
5 INSTALLATION. TO THE EXTENT POSSIBLE, THE LOCATION OF THE ENTRY
6 OF A MAIN CABLE CONNECTION TO THE PREMISES SHALL BE MADE AT THE
7 SAME LOCATION AS THE ENTRY INTO THE PREMISES OF PUBLIC UTILITY
8 CONNECTIONS. A SECOND OR SUBSEQUENT INSTALLATION OF CABLE
9 TELEVISION FACILITIES, IF ANY, SHALL CONFORM TO SUCH REASONABLE
10 REQUIREMENTS IN SUCH A WAY AS TO MINIMIZE FURTHER PHYSICAL
11 INTRUSION TO OR THROUGH THE PREMISES.
12 SECTION 506-B. COMPENSATION FOR LOSS OF VALUE.--(A) A
13 LANDLORD SHALL BE ENTITLED TO JUST COMPENSATION FROM THE
14 OPERATOR RESULTING FROM LOSS IN VALUE OF PROPERTY RESULTING FROM
15 THE PERMANENT INSTALLATION OF CATV SYSTEM FACILITIES ON THE
16 PREMISES.
17 (B) IF A LANDLORD BELIEVES THAT THE LOSS IN VALUE OF THE
18 PROPERTY EXCEEDS THE COMPENSATION CONTAINED IN THE PROPOSAL
19 ACCOMPANYING THE ORIGINAL NOTICE, OR BELIEVES THAT THE TERMS
20 INVOLVING THE WORK TO BE PERFORMED CONTAINED IN THE PROPOSAL ARE
21 UNREASONABLE, OR BOTH, THE ISSUE OF JUST COMPENSATION OR
22 REASONABLENESS OF TERMS SHALL BE DETERMINED IN ACCORDANCE WITH
23 THE FOLLOWING PROCEDURE:
24 (1) AT ANY TIME PRIOR TO THE END OF THE FORTY-FIVE DAY
25 PERIOD FROM THE DATE WHEN THE LANDLORD RECEIVES THE ORIGINAL
26 NOTICE THAT THE OPERATOR INTENDS TO CONSTRUCT OR INSTALL A CATV
27 SYSTEM FACILITY IN MULTIPLE DWELLING PREMISES, THE LANDLORD
28 SHALL SERVE UPON THE OPERATOR WRITTEN NOTICE THAT THE LANDLORD
29 DEMANDS A GREATER AMOUNT OF COMPENSATION OR BELIEVES THAT THE
30 TERMS INVOLVING THE WORK TO BE PERFORMED ARE UNREASONABLE.
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1 (2) IF THE OPERATOR IS DISSATISFIED WITH THE RESULT OF THE
2 NEGOTIATIONS AT THE CONCLUSION OF THE FORTY-FIVE DAY NEGOTIATION
3 PERIOD, THEN HE SHALL NOTIFY THE LANDLORD OF THE TERMS WHICH THE
4 OPERATOR BELIEVES TO BE UNREASONABLE AND SHALL ACCOMPANY THIS
5 NOTICE WITH A FORMAL REQUEST FOR ARBITRATION.
6 (3) ARBITRATION PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE
7 WITH THE PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION OR
8 ANY SUCCESSOR THERETO. THE PROCEEDINGS SHALL BE HELD IN THE
9 COUNTY IN WHICH THE MULTIPLE DWELLING PREMISES OR PART THEREOF
10 ARE LOCATED. REQUIREMENTS OF THIS ACT RELATING TO TIME,
11 PRESUMPTIONS AND COMPENSATION FOR LOSS OF VALUE SHALL APPLY IN
12 THE PROCEEDINGS. THE COST OF THE PROCEEDINGS SHALL BE SHARED
13 EQUALLY BY THE LANDLORD AND THE OPERATOR. THE ARBITRATION
14 PROCEEDINGS, ONCE COMMENCED, SHALL BE CONCLUDED AND A WRITTEN
15 DECISION BY THE ARBITRATOR SHALL BE RENDERED WITHIN FOURTEEN
16 DAYS OF COMMENCEMENT. JUDGMENT UPON ANY AWARD MAY BE ENTERED IN
17 ANY COURT HAVING JURISDICTION.
18 (4) WITHIN THIRTY DAYS OF THE DATE OF THE NOTICE OF THE
19 DECISION OF THE ARBITRATORS, EITHER PARTY MAY APPEAL THE
20 DECISION OF THE ARBITRATORS IN A COURT OF COMMON PLEAS,
21 REGARDING THE AMOUNT AWARDED AS COMPENSATION FOR LOSS OF VALUE
22 OR FOR PHYSICAL DAMAGES TO THE PROPERTY. DURING THE PENDENCY OF
23 AN APPEAL, THE OPERATOR MAY NOT ENTER THE MULTIPLE DWELLING
24 PREMISES TO PROVIDE CATV SERVICES, EXCEPT AS TO THOSE UNITS THAT
25 HAVE EXISTING CATV SERVICES. THE COURT SHALL ORDER EACH PARTY TO
26 PAY ONE-HALF OF THE ARBITRATION COSTS.
27 (C) IN DETERMINING REASONABLE COMPENSATION, EVIDENCE THAT A
28 LANDLORD HAS A SPECIFIC ALTERNATIVE USE FOR THE SPACE OCCUPIED
29 OR TO BE OCCUPIED BY CATV SYSTEM FACILITIES, THE LOSS OF WHICH
30 WILL RESULT IN A MONETARY LOSS TO THE OWNER, OR THAT
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1 INSTALLATION OF CATV SYSTEM FACILITIES UPON SUCH MULTIPLE
2 DWELLING PREMISES WILL OTHERWISE SUBSTANTIALLY INTERFERE WITH
3 THE USE AND OCCUPANCY OF SUCH PREMISES TO AN EXTENT WHICH CAUSES
4 A DECREASE IN THE RESALE OR RENTAL VALUE THEREOF SHALL BE
5 CONSIDERED. IN DETERMINING THE DAMAGES TO ANY LANDLORD IN AN
6 ACTION UNDER THIS SECTION, COMPENSATION SHALL BE MEASURED BY THE
7 LOSS IN VALUE OF THE LANDLORD'S PROPERTY. AN AMOUNT REPRESENTING
8 INCREASE IN VALUE OF THE PROPERTY OCCURRING BY REASON OF THE
9 INSTALLATION OF CATV SYSTEM FACILITIES SHALL BE DEDUCTED FROM
10 THE COMPENSATION.
11 (D) THE TIME PERIODS SET FORTH IN THIS SECTION MAY BE
12 EXTENDED BY MUTUAL AGREEMENT BETWEEN THE LANDLORD AND THE
13 OPERATOR.
14 SECTION 507-B. VENUE.--THE COURT OF COMMON PLEAS OF THE
15 COUNTY IN WHICH THE MULTIPLE DWELLING PREMISES OR PART THEREOF
16 IS LOCATED SHALL HAVE VENUE OF ALL ACTIONS TO ENFORCE THE
17 PROVISIONS OF THIS ARTICLE OR TO HEAR ANY APPEAL FROM THE AWARD
18 OF ARBITRATORS OR ANY DISPUTE BETWEEN THE PARTIES.
19 SECTION 508-B. ALTERNATIVE SERVICE.--NOTHING IN THIS ACT
20 SHALL PRECLUDE A LANDLORD FROM OFFERING ALTERNATIVE CATV
21 SERVICES TO TENANTS PROVIDED THAT THE PROVISIONS OF THIS ARTICLE
22 ARE NOT VIOLATED.
23 SECTION 509-B. COMPLIANCE WITH REQUIREMENTS FOR HISTORICAL
24 BUILDINGS.--THE OPERATOR SHALL COMPLY WITH ALL FEDERAL, STATE OR
25 LOCAL STATUTES, RULES, REGULATIONS OR ORDINANCES WITH RESPECT TO
26 BUILDINGS LOCATED IN HISTORICAL DISTRICTS.
27 SECTION 510-B. EXISTING CATV SERVICES PROTECTED.--CATV
28 SERVICES BEING PROVIDED TO TENANTS IN MULTIPLE DWELLING PREMISES
29 ON THE EFFECTIVE DATE OF THIS ACT MAY NOT BE PROHIBITED OR
30 OTHERWISE PREVENTED SO LONG AS THE TENANT IN AN INDIVIDUAL
19890H1549B4300 - 13 -
1 DWELLING UNIT CONTINUES TO REQUEST SUCH SERVICES.
2 Section 2 3. The General Assembly finds and declares as <--
3 follows:
4 (1) Cable television has become an important medium of
5 public communication, education and entertainment.
6 (2) It is in the public interest to assure apartment
7 residents and other tenants of leased residential dwellings
8 access to cable television service of a quality and cost
9 comparable to service available to residents living in
10 personally owned dwellings.
11 (3) It is in the public interest to afford apartment
12 residents and other tenants of leased residential dwellings
13 the opportunity to obtain cable television service of their
14 choice and to prevent landlords from treating such residents
15 and tenants as a captive market for the sale of television
16 reception services selected or provided by the landlord.
17 Section 3 4. This act shall take effect in 60 days. <--
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