PRINTER'S NO. 2556
No. 1956 Session of 2003
INTRODUCED BY VITALI, CLYMER, CRUZ, CURRY, FABRIZIO, FREEMAN,
GODSHALL, HALUSKA, HARPER, HORSEY, LEACH, MANN, MUNDY,
SAMUELSON, SAYLOR, SOLOBAY, STEIL, TIGUE, WALKO, WANSACZ,
WASHINGTON, WATSON, YOUNGBLOOD AND CRAHALLA,
SEPTEMBER 9, 2003
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 9, 2003
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, providing for State government access
3 to cable television.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 53 of the Pennsylvania Consolidated
7 Statutes is amended by adding a chapter to read:
8 CHAPTER 12
9 STATE GOVERNMENT ACCESS TO CABLE TELEVISION
10 Sec.
11 1201. Scope of chapter.
12 1202. Declaration of policy.
13 1203. Definitions.
14 1204. Cable television coverage of State government
15 proceedings.
16 1205. Modification of existing authorizations.
17 1206. Additional terms of authorizations.
1 1207. Municipal corporations operating cable television
2 systems.
3 § 1201. Scope of chapter.
4 This chapter applies to all municipal corporations.
5 § 1202. Declaration of policy.
6 The General Assembly finds and declares as follows:
7 (1) All members of the public would benefit from
8 televised coverage of the proceedings of State government,
9 including public proceedings of the executive and judicial
10 branches and the deliberations, policy formulations and
11 decision making of the General Assembly.
12 (2) Public access to State government proceedings is
13 vital to the proper functioning and enhancement of the
14 democratic process.
15 (3) Secrecy in State government affairs undermines the
16 faith of the public in government and the public's
17 effectiveness in fulfilling its role in a democratic society.
18 (4) It is the intent of the General Assembly that the
19 citizens of this Commonwealth benefit from the valuable
20 informational, educational and other public service
21 programming that is available through a cable television
22 system and that cable television systems serve these public
23 interests.
24 (5) For the purpose of promoting the policy provided
25 herein, the General Assembly, by exercising the
26 Commonwealth's sovereign power to prescribe the powers and
27 duties of its municipalities, establishes requirements for
28 coverage of State government proceedings as part of municipal
29 authorizations of cable television systems.
30 § 1203. Definitions.
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1 The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Coverage of State government proceedings." Live or same-day
5 unedited coverage of:
6 (1) the floor proceedings of the General Assembly;
7 (2) committee meetings and public hearings of the
8 General Assembly;
9 (3) press conferences of the executive and legislative
10 branches of State government;
11 (4) en banc sessions of the Pennsylvania Superior Court;
12 (5) other conferences on State-related issues; and
13 (6) public State administrative meetings and hearings.
14 "Municipal corporation." Any city, borough or incorporated
15 town.
16 § 1204. Cable television coverage of State government
17 proceedings.
18 (a) General rule.--In exercising its authority to grant
19 initial authorization for the construction or operation of a
20 cable television system or to renegotiate or renew the
21 authorization, whether the authorization, renegotiation or
22 renewal is designated as an agreement, franchise, permit,
23 license, resolution, contract, certificate or otherwise, a
24 municipal corporation shall, subject to applicable Federal laws
25 and regulations, require a cable television system with 13 or
26 more usable activated channels to provide coverage of State
27 government proceedings on the system.
28 (b) Government access channel.--The requirements of
29 subsection (a) may be satisfied through the availability on the
30 system of at least one channel or network primarily dedicated to
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1 coverage of State government proceedings. The channel or network
2 may cover other proceedings only if coverage of State government
3 proceedings does not fill the daily programming hours of the
4 channel or network.
5 § 1205. Modification of existing authorizations.
6 A municipal corporation shall require cable television
7 systems to provide coverage of State government proceedings
8 under the terms of any agreement, franchise, permit, license,
9 resolution, contract, certificate or other authorization to
10 operate a cable television system existing on the effective date
11 of this section to the extent that such modification is not
12 prohibited by the terms of the authorization or Federal or State
13 law.
14 § 1206. Additional terms of authorizations.
15 Nothing in this chapter is intended to restrict the power of
16 a municipal corporation to negotiate for any other channel or
17 service, including local public, educational and governmental
18 access channels or networks, in accordance with Federal and
19 State law.
20 § 1207. Municipal corporations operating cable television
21 systems.
22 Municipal corporations operating cable television systems
23 shall be subject to the programming requirements of section 1204
24 (relating to cable television coverage of State government
25 proceedings) and shall add any appropriate channel or network
26 necessary to achieve the requirements.
27 Section 2. This act shall take effect as follows:
28 (1) The addition of 53 Pa.C.S. § 1207 shall take effect
29 in 180 days.
30 (2) The remainder of this act shall take effect
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1 immediately.
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