§ 39-19-10 - Installation of cable television, telephone, telecommunications or information service in multiple dwelling or commercial units.
SECTION 39-19-10
§ 39-19-10 Installation of cabletelevision, telephone, telecommunications or information service in multipledwelling or commercial units. – Pursuant to the legislative intent that a tenant in a multiple dwelling unitshall have the freedom and right to select the provider of cable television,telephone, telecommunications or information service to their living unit,without any restraints, limitations or conditions imposed by a landlord, and toenable CATV operators or other telephone, telecommunications or informationservice providers to offer meaningful choices to tenants of multiple dwellingof a commercial units a tenant in a multiple dwelling unit may subscribe toCATV, telephone, telecommunications or information service, subject to thefollowing provisions:
(1) A CATV operator or other telephone, telecommunications orinformation service provider who affixes or causes to be affixed CATV,telephone, telecommunications or information facilities to the dwelling orcommercial unit of a tenant shall (i) do so at no cost to the landlord of thedwelling, (ii) indemnify the landlord for damages, if any, arising from theinstallation and/or the continued operation thereof, and (iii) not interferewith the safety, functioning, appearance or use of the dwelling or commercialunit, nor interfere with the reasonable rules and regulations of the ownerdealing with the day-to-day operations of the property, including the owner'sreasonable access rules for soliciting business. Nothing in this subdivisionshall prohibit a landlord from contracting with the CATV operator or othertelephone, telecommunications or information service provider for work inaddition to standard installation.
(2) No CATV operator or landlord shall enter into anyagreement with persons owning, leasing, controlling, or managing a buildingserved by a CATV system or perform any act which would directly or indirectlydiminish or interfere with the rights of any tenant to use a master orindividual antenna system.
(3) A CATV operator or other telephone, telecommunications orinformation service provider shall have the landlord's consent to affix CATVsystem facilities which are necessary to either offer or provide service to atenant's dwelling or commercial unit by delivery to the owner, in person or bycertified mail, return receipt requested, of a copy of this section and asigned statement that the CATV operator or other telephone, telecommunicationsor information service provider will be bound by the terms of this section tothe owner or lawful agent of the property upon which the CATV system facilitiesare to be affixed. A CATV operator or other telephone, telecommunications orinformation service provider shall be permitted to affix CATV systemsfacilities pursuant to this subdivision prior to receiving a request forservice from a tenant.
(ii) The CATV operator or other service provider shallpresent and review with the owner prior to any installation, plans andspecifications for the installation, and shall abide by reasonable installationrequests by the owner. The CATV operator or other telephone, telecommunicationsor information service provider will inspect the premises with the owner afterinstallation to insure conformance with the plans and specifications. The ownermay waive in writing the prior presentation of the plans and specifications.The CATV operator or other telephone, telecommunications or information serviceprovider shall be responsible for the maintenance of any equipment installed onthe owner's premises and shall be entitled to reasonable access formaintenance. The CATV operator or other service provider shall also, prior toany installation, provide, upon the request of the owner, a certificate ofinsurance covering all the employees or agents of the installer, CATV operatoror other service provider as well as all equipment of the operator or othertelephone, telecommunications or information service provider.
(4) If the owner of any such real estate intends to requirethe payment of any sum in excess of a nominal amount, herein defined as onedollar ($1.00), in exchange for permitting the installation of CATV, telephone,telecommunications or information system facilities to the dwelling orcommercial unit of a tenant, the owner shall notify the CATV operator or otherservice provider by certified mail, return receipt requested, within twenty(20) days of the date on which the owner is notified that the CATV operator orother telephone, telecommunications or information service provider intends toextend CATV telephone, telecommunications or information system facilities tothe dwelling or commercial unit of a tenant of the owner's real estate. Absentsuch notice, it will be conclusively presumed that the owner will not requirepayment in excess of the nominal amount specified in this subdivision for theconnection.
(5) If the owner gives notice, the owner will, within thirty(30) days after giving notice advise the CATV operator or other serviceprovider in writing of the amount the owner claims as compensation for affixingCATV, telephone, telecommunications or information system facilities to his orher real estate. If within thirty (30) days after receipt of the owner's claimfor compensation, the CATV operator or other telephone, telecommunications orinformation service provider has not agreed to accept the owner's demand, theowner may bring an action in the superior court for the county in which thereal estate is located to enforce the owner's claim for compensation. Theaction shall be brought within six (6) months of the date on which the ownerfirst made a demand upon the CATV operator or other telephone,telecommunications or information service provider for compensation and notthereafter.
(6) It shall be presumed that reasonable compensationtherefor shall be the nominal amount, but the presumption may be rebutted andovercome by evidence that the owner has a specific alternative use for thespace occupied by CATV or other telephone, telecommunications or informationsystem facilities or equipment, the loss of which shall result in a monetaryloss to the owner, or that installation of CATV or other telephone,telecommunications or information system facilities or equipment upon themultiple dwelling or commercial unit will otherwise substantially interferewith the use and occupancy of the unit to an extent which causes a decrease inthe resale or rental value of the real estate. In determining the damages toany real estate injured when no part of it is being taken, consideration is tobe given only to such injury as is special and peculiar to the real estate, andthere shall be deducted therefrom the amount of any benefit to the real estateby reason of the installation of CATV, telephone, telecommunications orinformation system facilities.
(7) None of the foregoing steps to claim or enforce a demandfor compensation in excess of the nominal amount shall impair or delay theright of the CATV operator or other service provider to install, maintain, orremove CATV system facilities to a tenant's dwelling or commercial unit on thereal estate. The superior court shall have original jurisdiction to enforce theprovisions of this subdivision.
(i) In the event that the superior court determines that anyindividual or entity has unreasonably interfered with the rights granted totenants, CATV operators or other service providers as set forth in thissubdivision, the superior court may award the party seeking enforcement itsreasonable attorney's fees and costs.
(ii) Nothing contained herein shall impair the right of atenant of a multiple dwelling unit or a CATV operator or other telephone,telecommunications or information service provider to pursue any other remedieswhich may be available at law or in equity.
(8) It shall be an unfair trade practice under chapter 13.1of title 6 for any person owning, leasing, or managing any multiple dwellingunit served by a CATV system or other telephone, telecommunications orinformation service provider to discriminate in rental charges or other chargesto tenants based on the tenants' subscription to a CATV, telephone,telecommunications or information service from and after June 25, 1986 or todemand or accept payment, except as provided in this section, for the affixingof CATV, telephone, telecommunications or information facilities to a tenant'sdwelling or commercial unit; provided, however, that this subdivision shall notapply to contracts entered into on or before June 25, 1986.