ARTICLE 2. TENANTS’ RIGHTS TO CABLE SERVICES.§24D-2-1.
Legislative findings.
The Legislature finds and declares as follows:
(a) Cable television has become an important medium of
public communication and entertainment.
(b) It is in the public interest to assure apartment
residents and other tenants of leased residential dwellings
access to cable television service of a quality and cost
comparable to service available to residents living in
personally owned dwellings.
(c) It is in the public interest to afford apartment
residents and other tenants of leased residential dwellings the
opportunity to obtain cable television service of their choice
and to prevent landlords from treating such residents and
tenants as a captive market for the sale of television reception
services selected or provided by the landlord.
§24D-2-2. Definitions.
As used in this article:
(a) "Cable operator" means any person or group of
persons:
(1) Who provides cable service over a cable system and
directly or through one or more affiliates owns a significant
interest in the cable system; or (2) who otherwise controls or
is responsible for, through any arrangement, the management
and operation of a cable system.
(b) "Cable service" or "cable television
service" means:
(1) The one-way transmission to subscribers of video
programming or other programming service; and (2) subscriber
interaction, if any, which is required for the selection of
video programming or other programming service.
(c) "Cable system" means any facility within this
state consisting of a set of closed transmission paths and
associated signal generation, reception and control equipment
that is designed to provide cable service which includes video
programming and which is provided to multiple subscribers within
a community, but does not include:
(1) A facility that serves only to retransmit the
television signals of one or more television broadcast
stations;
(2) a facility that serves only subscribers in one or more
multiple unit dwellings under common ownership, control or
management, unless that facility or facilities uses any public
right-of-way; or
(3) a facility of a public utility subject, in whole or in
part, to the provisions of chapter twenty-four of this code,
except to the extent that those facilities provide video
programming directly to subscribers.
(d) "Cable television facilities" includes all
antennas, poles, supporting structures, wires, cables, conduits,
amplifiers, instruments, appliances, fixtures and other personal
property used by a cable operator in providing service to its
subscribers.
(e) "Commission" or "Public Service
Commission" shall mean the public service commission of
West Virginia. (f)
"Landlord" means a person owning, controlling,
leasing, operating or managing the multiple dwelling premises.
(g) "Multiple dwelling premises" means any area
occupied by dwelling units, appurtenances thereto, grounds and
facilities, which dwelling units are intended or designed to be
occupied or leased for occupation, or actually occupied, as
individual homes or residences for three or more households. The
term includes mobile home parks.
(h) "Person" means an individual, partnership,
associate, joint stock company, trust, corporation or
governmental agency.
(i) "Tenant" means a person occupying single or
multiple dwelling premises owned or controlled by a landlord but
does not include an inmate or any person incarcerated or housed
within any state institution.
§24D-2-3. Landlord-tenant relationship.
(1) Interfere with the installation, maintenance, operation
or removal of cable television facilities upon his property or
multiple dwelling premises, except that a landlord may require:
(A) That the installation of cable television facilities
conform to such reasonable conditions as are necessary to
protect the safety, functioning and appearance of the multiple
dwelling premises and the convenience and well-being of other
tenants;
(B) That the cable operator or the tenant or a combination
thereof bear the entire cost of the installation or removal of
such facilities; and
(C) That the cable operator agrees to indemnify the
landlord for any damage caused by the installation, operation
or removal of such facilities;
(2) Demand or accept any payment from any tenant, in any
form, in exchange for permitting cable television service on or
within his property or multiple dwelling premises, or from any
cable operator in exchange therefor except as may be determined
to be just compensation in accordance with this article;
(3) Discriminate in rental charges, or otherwise, between
tenants who receive cable television service and those who do
not.
(b) Provisions relating to cable television service or
satellite master antenna systems contained in rental greements and
leases executed prior to the effective date of this article may be
enforced notwithstanding this section.
(c) A cable operator may not enter into any agreement with the
owners, lessees or persons controlling or managing the multiple
dwelling premises served by a cable television, or do or permit
any act, that would have the effect, directly or indirectly, of
diminishing or interfering with existing rights of any tenant or
other occupant of such building to use or avail himself of master
or individual antenna equipment.
(d) The cable operator shall retain ownership of all wiring
and equipment used in any installation or upgrade of a cable
system within any multiple dwelling premises.
§24D-2-4. Prohibition.
Except as provided in this article, no landlord may demand or
accept any payment from any cable operator in exchange for
permitting cable television service or facilities on or within the
landlord’s property or multiple dwelling premises.
§24D-2-5. Just compensation.
Every landlord is entitled to a single payment of just
compensation for property taken by a cable operator for the
installation of cable television service or facilities. The amount
of just compensation, if not agreed between the landlord and cable
operator, shall be determined by the commission in accordance with
this article upon application by the landlord pursuant to section
eight of this article. A landlord is not entitled to just
compensation in the event of a rebuild, upgrade or rewiring of
cable television service or facilities by a cable operator.
§24D-2-6. Right of entry.
A cable operator, upon receiving a request for service by a
tenant or landlord, has the right to enter property of the
landlord for the purpose of making surveys or other investigations
preparatory to the installation. Before such entry, the cable
operator shall serve notice upon the landlord and tenant, which
notice shall contain the date of the entry, the name and address
of the cable operator, the name and address of the landlord, from
whom the request for service was received, and a citation to this
act. The cable operator is liable to the landlord for any damages
caused by such entry but such damages shall not duplicate damages
paid by the cable operator pursuant to section eight of this
article.§24D-2-7. Notice of installation.
(a) Every cable operator proposing to install cable
television service or facilities upon the property of a landlord
shall serve upon said landlord and tenant, or an authorized
agent, written notice of intent thereof at least fifteen days
prior to the commencement of such installation. Verbal notice to
the tenant shall be legally sufficient if the date and time of
entry is communicated to the tenant by either the landlord or
cable operator at least twenty-four hours prior to entry.
(b) The commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which
shall include, but need not be limited to:
(1) The name and address of the cable operator;
(2) The name and address of the landlord;
(3) The approximate date of the installation; and
(4) A citation to this act.
(c) Where the installation of cable service or facilities is
not effected pursuant to a notice served in accordance with this
section, for whatever reason including denial of entry by the
landlord, the cable operator may file with the board a petition,
verified by an authorized person from the cable operator,
setting forth:
(1) Proof of service of a notice of intent to install
cable television service upon the landlord;
(2) The specific location of the real property;
(3) The resident address of the landlord, if known;
(4) A description of the facilities and equipment to be
installed upon the property, including the type and method of
installation and the anticipated costs thereof;
(5) The name of the individual or officer responsible for
the actual installation;
(6) A statement that the cable operator shall indemnify
the landlord for any damage caused in connection with the
installation, including proof of insurance or other evidence
of ability to indemnify the landlord;
(7) A statement that the installation shall be conducted
without prejudice to the rights of the landlord to just
compensation in accordance with section eight of this article;
(8) A summary of efforts by the cable operator to effect
entry of the property for the installation; and
(9) A statement that the landlord is afforded the
opportunity to answer the petition within ten days from the
receipt thereof, which answer must be responsive to the
petition and may set forth any additional matter not contained
in the petition. If no answer is filed within the time
permitted, the commission shall grant the petitioning cable
operator an order of entry and installation, which order
constitutes a ruling that the petitioning cable operator has
complied with the requirements of this article. If the
landlord files a written answer to the petition, the cable
operator shall have ten days within which to reply to the
answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues
presented thereby or direct such other procedures as may be
consistent with the installation of cable television service
or facilities in accordance with this article. The only basis
upon which the commission may deny a petition by the cable
operator is that the cable operator has not complied with the
requirements of this article. Within thirty days of the date
of grant or denial of the petition, or issuance of any other
order by the commission following a hearing or other
procedure, the cable operator or landlord may appeal such
grant or denial or order of the commission to the circuit
court of Kanawha County. Any order issued by the commission
pursuant to this section may be enforced by an action seeking
injunctive or mandamus relief in circuit court where the
property is located.
§24D-2-8. Application for just compensation.
(a) If the landlord and cable operator have not reached
agreement on the amount of just compensation, a landlord may file
with the commission an application for just compensation within
four months following the service by the cable operator of the
notice described in section eight of this article, or within four
months following the completion of the installation of the cable
television facilities, whichever is later.
(b) An application for just compensation shall set forth
specific facts relevant to the determination of just compensation.
Such facts should include, but need not be limited to, a showing
of:
(1) The location and amount of space occupied by the
installation;
(2) The previous use of such space;
(3) The value of the applicant’s property before the
installation of cable television facilities and the value of the
applicant’s property subsequent to the installation of cable
television facilities; and
(4) The method or methods used to determine such values. The
commission may, upon good cause shown, permit the filing of
supplemental information at any time prior to final
determination by the commission.
(c) A copy of the application filed by the landlord for just
compensation shall be served upon the cable operator making the
installation and upon either the mayor or county commission of the
municipality or county, respectively, in which the real property
is located when the municipality or county is the franchise
authority.
(d) Responses to the application, if any, shall be served on
all parties and on the commission within twenty days from the
service of the application.
(e)(1) The commission shall within sixty days of the receipt
of the application, make a preliminary finding of the amount of
just compensation for the installation of cable television
facilities.
(2) Either party may, within twenty days from the release
date of the preliminary finding by the commission setting the
amount of just compensation, file a written request for a
hearing. Upon timely receipt of such request, the commission
shall conduct a hearing on the issue of compensation.
(3) In determining just compensation, the commission may
consider evidence introduced including, but not limited to, the
following:
(A) Evidence that a landlord has a specific alternative
use for the space occupied or to be occupied by cable
television facilities, the loss of which will result in a
monetary loss to the owner;
(B) Evidence that installation of cable facilities upon
such multiple dwelling premises will otherwise substantially
interfere with the use and occupancy of such premises to the
extent which causes a decrease in the resale or rental value;
or
(C) Evidence of increase in the value of the property
occurring by reason of the installation of the cable
television facilities.
(4) For purposes of this article, the commission shall
presume that a landlord has received just compensation from a
cable operator for the installation within a multiple dwelling
premises if the landlord receives compensation in the amount of
one dollar for each dwelling unit within the multiple dwelling
premises or one hundred dollars for the entire multiple dwelling
premises, whichever amount is more.
(5) If, after the filing of an application, the cable
operator and the applicant agree upon the amount of just
compensation, a hearing shall not be held on the issue.
(6) Within thirty days of the date of the notice of the
decision of the commission, either party may appeal the decision
of the commission in the circuit court of Kanawha County
regarding the amount awarded as compensation.
§24D-2-9. Existing cable services protected.
Cable services being provided to tenants on the effective date
of this article may not be prohibited or otherwise prevented so
long as the tenant continues to request such services.
§24D-2-10. Exception.
Notwithstanding any provision in this article to the contrary,
a landlord and cable operator may by mutual agreement establish
the terms and conditions upon which cable television facilities
are to be installed within a multiple dwelling premises without
having to comply with the provisions of this article.
ARTICLE 18A. TENANTS' RIGHTS TO CABLE SERVICES.§§5-18A-1
to 5-18A-11.
Repealed. Acts, 1999 Reg. Sess., Ch. 224.
§5-18A-2. Legislative findings.
The Legislature finds and declares as follows:
(a) Cable television has become an important medium of public
communication and entertainment.
(b) It is in the public interest to assure apartment residents
and other tenants of leased residential dwellings access to
cable television service of a quality and cost comparable to
service available to residents living in personally owned
dwellings.
(c) It is in the public interest to afford apartment residents
and other tenants of leased residential dwellings the
opportunity to obtain cable television service of their choice
and to prevent landlords from treating such residents and
tenants as a captive market for the sale of television
reception services selected or provided by the landlord.
§5-18A-3. Definitions.
As used in this article:
(a) "Board" means the West Virginia cable television
advisory board created under the provisions of article
eighteen of this chapter.
(b) "Cable operator" means any person or group of
persons: (1) Who provides cable service over a cable system
and directly or through one or more affiliates owns a
significant interest in the cable system; or (2) who otherwise
controls or is responsible for, through any arrangement, the
management and operation of a cable system.
(c) able service" or "cable television service"
means: (1) The one-way transmission to subscribers of video
programming or other programming service; and (2) subscriber
interaction, if any, which is required for the selection of
video programming or other programming service.
(d) "Cable system" means any facility within this
state consisting of a set of closed transmission paths and
associated signal generation, reception and control equipment
that is designed to provide cable service which includes video
programming and which is provided to multiple subscribers
within a community, but does not include: (1) A facility that
serves only to retransmit the television signals of one or
more television broadcast stations; (2) a facility that serves
only subscribers in one or more multiple unit dwellings under
common ownership, control or management, unless that facility
or facilities uses any public right-of-way; or (3) a facility
of a public utility subject, in whole or in part, to the
provisions of chapter twenty-four of this code, except to the
extent that those facilities provide video programming
directly to subscribers.
(e) "Cable television facilities" includes all
antennas, poles, supporting structures, wires, cables,
conduits, amplifiers, instruments, appliances, fixtures and
other personal property used by a cable operator in providing
service to its subscribers.
(f) "Landlord" means a person owning, controlling,
leasing, operating or managing the multiple dwelling premises.
(g) "Multiple dwelling premises" means any area
occupied by dwelling units, appurtenances thereto, grounds and
facilities, which dwelling units are intended or designed to
be occupied or leased for occupation, or actually occupied, as
individual homes or residences for three or more households.
The term includes mobile home parks. (h) "Person"
means an individual, partnership, associate, joint stock
company, trust, corporation or governmental agency.
(i) "Tenant" means a person occupying single or
multiple dwelling premises owned or controlled by a landlord
but does not include an inmate or any person incarcerated or
housed within any state institution.
§5-18A-4. Landlord-tenant relationship.
(a) A landlord may not:
(1) Interfere with the
installation, maintenance, operation or removal of cable
television facilities upon his property or multiple dwelling
premises, except that a landlord may require:
(A) That the installation of cable television facilities
conform to such reasonable conditions as are necessary to
protect the safety, functioning and appearance of the
multiple dwelling premises and the convenience and
well-being of other tenants;
(B) That the cable operator or the tenant or a combination
thereof bear the entire cost of the installation or removal
of such facilities; and
(C) That the cable operator agrees to indemnify the landlord
for any damage caused by the installation, operation or
removal of such facilities;
(2) Demand or accept any payment from any tenant, in any form,
in exchange for permitting cable television service on or
within his property or multiple dwelling premises, or from any
cable operator in exchange therefor except as may be
determined to be just compensation in accordance with this
article;
(3) Discriminate in rental charges, or otherwise, between
tenants who receive cable television service and those who do
not.
(b) Provisions relating to cable television service or satellite
master antenna systems contained in rental agreements and leases
executed prior to the effective date of this article may be
enforced notwithstanding this section.
(c) A cable operator may not enter into any agreement with the
owners, lessees or persons controlling or managing the multiple
dwelling premises served by a cable television, or do or permit
any act, that would have the effect, directly or indirectly, of
diminishing or interfering with existing rights of any tenant or
other occupant of such building to use or avail himself of
master or individual antenna equipment.
(d) The cable operator shall retain ownership of all wiring and
equipment used in any installation or upgrade of a cable system
within any multiple dwelling premises.
§5-18A-5. Prohibition.
Except as provided in this article, no landlord may demand or
accept any payment from any cable operator in exchange for
permitting cable television service or facilities on or within
the landlord's property or multiple dwelling premises.
§5-18A-6. Just compensation.
Every landlord is entitled to a single payment of just
compensation for property taken by a cable operator for the
installation of cable television service or facilities. The
amount of just compensation, if not agreed between the landlord
and cable operator, shall be determined by the board in
accordance with this article upon application by the landlord
pursuant to section nine of this article. A landlord is not
entitled to just compensation in the event of a rebuild, upgrade
or rewiring of cable television service or facilities by a cable
operator.
§5-18A-7. Right of entry.
A cable operator, upon receiving a request for service by a
tenant or landlord, has the right to enter property of the
landlord for the purpose of making surveys or other
investigations preparatory to the installation. Before such
entry, the cable operator shall serve notice upon the landlord
and tenant, which notice shall contain the date of the entry and
all other information described in subsection (b), section eight
of this article. The cable operator is liable to the landlord
for any damages caused by such entry but such damages shall not
duplicate damages paid by the cable operator pursuant to section
nine of this article.
§5-18A-8. Notice of installation.
(a) Every cable operator proposing to install cable television
service or facilities upon the property of a landlord shall
serve upon said landlord and tenant, or an authorized agent,
written notice of intent thereof at least fifteen days prior to
the commencement of such installation. Verbal notice to the
tenant shall be legally sufficient if the date and time of entry
is communicated to the tenant by either the landlord or cable
operator at least twenty-four hours prior to entry.
(b) The board shall prescribe the procedure for service of such
notice, and the form and content of such notice, which shall
include, but need not be limited to:
(1) The name and address of the cable operator;
(2) The name and address of the landlord;
(3) The approximate date of the installation; and
(4) A citation to this act.
(c) Where the installation of cable television service or
facilities is not effected pursuant to a notice served in
accordance with this section, for whatever reason including
denial of entry by the landlord, the cable operator may file
with the board a petition, verified by an authorized person from
the cable operator, setting forth:
(1) Proof of service of a notice of intent to install cable
television service upon the landlord;
(2) The specific location of the real property;
(3) The resident address of the landlord, if known;
(4) A description of the facilities and equipment to be
installed upon the property, including the type and method of
installation and the anticipated costs thereof;
(5) The name of the individual or officer responsible for the
actual installation;
(6) A statement that the cable operator shall indemnify the
landlord for any damage caused in connection with the
installation, including proof of insurance or other evidence
of ability to indemnify the landlord;
(7) A statement that the installation shall be conducted
without prejudice to the rights of the landlord to just
compensation in accordance with section nine of this article;
(8) A summary of efforts by the cable operator to effect entry
of the property for the installation; and
(9) A statement that the landlord is afforded the opportunity
to answer the petition within twenty days from the receipt
thereof, which answer must be responsive to the petition and
may set forth any additional matter not contained in the
petition. If no appearance by the landlord is made in the
proceeding or no answer filed within the time permitted, the
board shall grant to the petitioning cable operator an order
of entry, which order constitutes a ruling that the
petitioning cable operator has complied with the requirements
of this article. If the landlord files a written answer to the
petition, the cable operator shall have ten days within which
to reply to the answer. The board may grant or deny the
petition, schedule an administrative hearing on any factual
issues presented thereby or direct such other procedures as
may be consistent with the installation of cable television
service or facilities in accordance with this article. The
only basis upon which the board may deny a petition by the
cable operator is hat the cable operator has not complied with
the requirements of this article. Within thirty days of the
date of grant or denial of the petition, or issuance of any
other order by the board following a hearing or other
procedure, the cable operator or landlord may appeal such
grant or denial or order of the board to the circuit court of
Kanawha county. Any order issued by the board pursuant to this
section may be enforced by an action seeking injunctive or
mandamus relief in circuit court where the property is
located.
§5-18A-9. Application for just compensation.
(a) If the landlord and cable operator have not reached
agreement on the amount of just compensation, a landlord may
file with the board an application for just compensation within
four months following the service by the cable operator of the
notice described in section eight of this article, or within
four months following the completion of the installation of the
cable television facilities, whichever is later.
(b) An application for just compensation shall set forth
specific facts relevant to the determination of just
compensation. Such facts should include, but need not be limited
to, a showing of:
(1) The location and amount of space occupied by the
installation;
(2) The previous use of such space;
(3) The value of the applicant's property before the
installation of cable television facilities and the value of
the applicant's property subsequent to the installation of
cable television facilities; and
(4) The method or methods used to determine such values. The
board may, upon good cause shown, permit the filing of
supplemental information at any time prior to final
determination by the board.
(c) A copy of the application filed by the landlord for just
compensation shall be served upon the cable operator making the
installation and upon either the mayor or county commission of
the municipality or county, respectively, in which the real
property is located when the municipality or county is the
franchise authority.
(d) Responses to the application, if any, shall be served on all
parties and on the board within twenty days from the service of
the application.
(e)
(1) The board shall within sixty days of the receipt of the
application, make a preliminary finding of the amount of just
compensation for the installation of cable television
facilities.
(2) Either party may, within twenty days from the release date
of the preliminary finding by the board setting the amount of
just compensation, file a written request for a hearing. Upon
timely receipt of such request, the board shall conduct a
hearing on the issue of compensation.
(3) In determining just compensation, the board may consider
evidence introduced including, but not limited to, the
following:
(A) Evidence that a landlord has a specific alternative use
for the space occupied or to be occupied by cable television
facilities, the loss of which will result in a monetary loss
to the owner;
(B) Evidence that installation of cable facilities upon such
multiple dwelling premises will otherwise substantially
interfere with the use and occupancy of such premises to the
extent which causes a decrease in the resale or rental
value; or
(C) Evidence of increase in the value of the property
occurring by reason of the installation of the cable
television facilities.
(4) For purposes of this article, the board shall presume
that a landlord has received just compensation from a cable
operator for the installation within a multiple dwelling
premises if the landlord receives compensation in the amount
of one dollar for each dwelling unit within the multiple
dwelling premises or one hundred dollars for the entire
multiple dwelling premises, whichever amount is more.
(5) If, after the filing of an application, the cable
operator and the applicant agree upon the amount of just
compensation, a hearing shall not be held on the issue.
(6) Within thirty days of the date of the notice of the
decision of the board, either party may appeal the decision
of the board in the circuit court of Kanawha county
regarding the amount awarded as compensation.
§5-18A-10. Existing cable services protected.
Cable services being provided to tenants on the effective date
of this article may not be prohibited or otherwise prevented so
long as the tenant continues to request such services.
§5-18A-11. Exception.
Notwithstanding any provision in this article to the contrary, a
landlord and cable operator may by mutual agreement establish
the terms and conditions upon which cable television facilities
are to be installed within a multiple dwelling premises without
having to comply with the provisions of this article.
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