Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 19 of chapter 166A of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The hearing provided for in sections eleven, fourteen, fifteen, sixteen and twenty-two, shall be subject to the provisions of chapter thirty A.

SECTION 2. Section 22 of said chapter 166A, as so appearing, is hereby amended by striking out the fifth paragraph and inserting in place thereof the following six paragraphs:-

No person owning, leasing, controlling or managing a multiple dwelling unit or units served by a CATV system shall discriminate in rental or other charges between tenants who subscribe to such CATV services, and those who do not; provided, however, that the owner of such real estate may require reasonable compensation in exchange for permitting the installation of CATV system equipment within and upon such real estate, to be paid by an operator, said compensation to be determined in accordance with the provisions of this section.

No person owning, leasing, controlling or managing a multiple dwelling unit or units shall prohibit or otherwise prevent an operator from entering such buildings for the purposes of constructing, installing or servicing CATV system facilities if one or more tenants or occupants of a multiple dwelling unit or units have requested such CATV services. A cable television operator shall not make an installation in an individual dwelling unit unless permission has been given by the tenant occupying said unit.

If the owner of such multiple dwelling unit intends to require the payment of a sum in excess of one dollar in exchange for permitting the installation of CATV system facilities, such owner shall serve written notice thereof upon the operator within twenty days of the date when such owner is notified that the operator intends to construct or install CATV system facilities in his multiple dwelling unit. Unless timely notice, as herein provided, is given by the owner to the operator, it shall be presumed conclusively that the owner does not claim or intend to require the payment of a sum in excess of a one time payment of one dollar in exchange and as compensation for permitting the installation of CATV system facilities.

Any owner who has given timely notice to the operator may assert a claim for reasonable compensation in excess of one dollar for permitting the installation of CATV system facilities. Within thirty days after notice has been given by said owner of his intent to demand additional compensation, the owner shall advise the operator in writing of the amount claimed as reasonable compensation. If within sixty days after the receipt of the owner's claim the operator has not agreed to pay the amount claimed or some other amount acceptable to the owner, the owner may bring an action before the commission pursuant to such rules and regulations as the commission may promulgate to enforce such claim for compensation. Any such action shall be brought within six months of the notice informing the operator of the amount claimed. In any action brought to enforce such right, it shall be presumed that reasonable compensation therefor shall be one dollar, but such presumption may be rebutted and, overcome by evidence that the owner has a specific alternative use for the space occupied by CATV system facilities or equipment, the loss of which shall result in a monetary loss to the owner, or that installation of CATV system facilities or equipment upon such multiple dwelling unit will otherwise substantially interfere with the use and occupancy of such unit to an extent which causes a decrease in the resale or rental value of such real estate. In determining the damages to any such real estate injured when no part of it is being taken, consideration is to be given only to such injury as is special and peculiar to such real estate and there shall be deducted therefrom the amount of any benefit to such real estate by reason of the installation of CATV system facilities.

Neither the giving of a notice as described above, nor the assertion of a specific claim, nor the initiation of legal action to enforce such claim, shall delay or impair the right of an operator to construct, install or repair CATV system facilities and maintain said CATV services. The superior court shall have original jurisdiction to enforce the provisions of this section.

A cable television operator shall indemnify the landlord for any damage caused by the installation, operation or removal of cable television facilities. An owner of property may require that the installation of cable television facilities 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 other tenants.