Bill Text: MI HB5896 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Communications; video services; alternative cable providers; ensure access to excess cable equipment capacity in multiple dwellings. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-11-12 - Printed Bill Filed 11/07/2014 [HB5896 Detail]
Download: Michigan-2013-HB5896-Introduced.html
HOUSE BILL No. 5896
November 6, 2014, Introduced by Rep. Tlaib and referred to the Committee on Energy and Technology.
A bill to provide for access to certain multiple-dwelling
complexes by cable communications systems; to provide for
reimbursement to property owners for costs incurred and diminution
in property value in connection with providing such access; to
require installation of cable communications equipment with
sufficient capacity for other providers of television and radio
services; to provide for shared use of cable communications
equipment; and to provide remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) This act shall be known and may be cited as the
"multiple-dwelling complex cable access act".
(2) This act grants cable operators access to multiple-
dwelling complexes and grants alternative providers the right to
use cable equipment, to provide services to residents. This access
and use serves the public purposes of protecting residents from
excessive charges by property owners for services provided by cable
operators and alternative providers, allowing residents to receive
communications and information through these services, encouraging
competition, and increasing the variety of sources of programming
available to residents.
Sec. 2. As used in this act:
(a) "Access" means entrance onto the premises of the property
owner and an easement for purposes of surveying for, designing,
installing, inspecting, maintaining, operating, repairing,
replacing, or removing equipment used in the construction and
operation of a cable communications system.
(b) "Alternative provider" means any of the following:
(i) The operator of a master antenna television system (MATV),
satellite master antenna television system (SMATV), multipoint
distributions system (MDS), or direct broadcast satellite system
(DBSS).
(ii) A cable operator, with respect to a multiple-dwelling
complex where another cable operator is already providing cable
communications service.
(c) "Cable communications system" or "cable system" means a
cable system as defined in section 1 of the uniform video services
local franchise act, 2006 PA 480, MCL 484.3301, that serves 50 or
more total subscribers, regardless of their place of residence.
(d) "Cable operator" means that term as defined in section 1
of the uniform video services local franchise act, 2006 PA 480, MCL
484.3301.
(e) "Dwelling unit" means a single unit providing complete,
independent living facilities for 1 or more persons, including
permanent provisions for living, sleeping, eating, cooking, and
sanitation.
(f) "Franchise" means any authorization granted by a
municipality in the form of a franchise, privilege, permit,
license, or other municipal authorization to construct, operate,
maintain, or manage a cable communications system in any
municipality.
(g) "Master antenna television system" means any system that
serves only the residents of 1 or more apartment dwellings under
common ownership, control, or management and any commercial
establishment located on the premises of the apartment dwellings,
that transmits only television signals broadcast over the air by
stations which may be normally viewed or heard locally without
objectionable interference, and that does not provide any
additional service over its equipment other than closed-circuit
security viewing services.
(h) "Multiple-dwelling complex" means a site, lot, field, or
tract of land or water, other than a condominium project or mobile
home park, whether occupied or under construction, containing more
than 4 dwelling units.
(i) "Municipality" means a city, village, or township.
(j) "Person" means any individual, partnership, corporation,
association, governmental entity, or other legal entity.
(k) "Property owner" means any of the following:
(i) A person with a recorded interest in a multiple-dwelling
complex.
(ii) A person known to the operator of a cable communications
system to be an owner of a multiple-dwelling complex.
(iii) The authorized agent of a person described in subparagraph
(i) or (ii).
(l) "Resident" means either of the following:
(i) An individual owner of a cooperatively owned multiple-
dwelling complex.
(ii) A person renting a dwelling unit at a multiple-dwelling
complex from the property owner.
Sec. 3. (1) Subject to subsection (2), if a resident of a
multiple-dwelling complex requests a cable operator other than an
alternative provider to provide cable communications services to
the resident's dwelling, the property owner shall provide the cable
operator access to the multiple-dwelling complex. The access
provided shall be perpetual and freely transferable by 1 cable
operator to another.
(2) A property owner shall provide access under subsection (1)
to the cable operator only if that cable operator installs
equipment with channel capacity sufficient to allow use by
alternative providers so that residents have a choice of
alternative providers.
Sec. 4. (1) The installation of cable communications system
equipment under this act shall conform to reasonable conditions
necessary to protect the safety and functioning of the premises and
the convenience and well-being of the property owner and residents.
(2) A property owner may require a cable operator, before
installation or modification of cable communications system
equipment, to submit to the property owner plans for the placement
and securing of the cable system equipment. The cable operator may
implement the plans unless the property owner, within 7 days after
receipt of the plans, notifies the cable operator in writing of
reasonable objections to the plans. The cable operator shall modify
and resubmit the plans in response to timely objections from the
property owner.
(3) A cable operator shall install cable system equipment
under this act in an expeditious and workmanlike manner, in
compliance with applicable codes, and parallel to retail electric
service lines when economically feasible. A property owner may
require the cable operator to post a bond or equivalent security in
an amount not exceeding the estimated cost of installation of the
cable system equipment on the premises. If it otherwise meets the
requirements of this subsection, the security may be filed with a
municipality.
(4) The cable operator shall indemnify a property owner for
damage caused by the cable operator in the installation, operation,
maintenance, or removal of cable system equipment.
(5) A property owner may require a cable operator, after
reasonable written notice, to promptly relocate cable system
equipment on or within the premises of the property owner for the
purpose of rehabilitation, redecoration, or necessary maintenance
of the premises by the property owner.
(6) A cable operator shall bear the entire cost of the
installation, operation, maintenance, and removal of cable system
equipment in multiple-dwelling complexes within the initial
franchise service area.
(7) A cable operator shall do all the following:
(a) Reimburse the property owner for actual costs incurred by
the property owner with respect to the professional review of plans
described in subsection (2) and section 7(2), associated
contractual materials, and other documentation. The total
reimbursement for all plans shall not exceed $100.00 for premises
containing fewer than 10 dwelling units and $200.00 for other
premises.
(b) Compensate the property owner for the diminution in fair
market value of the multiple-dwelling complex, if any, offset by
special benefits to the multiple-dwelling complex, if any,
resulting directly from the installation of the nonexclusive cable
system.
Sec. 5. (1) To obtain access to a multiple-dwelling complex
under section 3, a cable operator shall serve written notice on all
property owners by certified mail or in the same manner as a
summons in a civil action. The notice shall contain the following:
(a) The name and address of the cable communications system.
(b) The name of each property owner.
(c) The address of the premises to which access is sought.
(d) The name and address of the resident requesting cable
communication services.
(e) The date of the franchise and the municipality granting
the franchise.
(f) The amount of compensation offered by the cable
communications system to the property owners.
(g) The date on which access is anticipated to commence.
(2) If a property owner does not accept the offer made by the
cable operator, the property owner shall, within 45 days of the
service of the notice and offer, notify the cable operator of the
refusal. Failure to notify the cable operator within 45 days as
provided under this subsection constitutes a refusal of the offer
and a denial of access.
Sec. 6. (1) A cable operator who has been denied access to a
multiple-dwelling complex under section 5 may file with the circuit
court for the county in which the multiple-dwelling complex is
located a petition that does all of the following:
(a) States that the cable operator has served the property
owners with the notice and offer required under section 5(1) and
that the offer has not been accepted.
(b) Requests a determination of the damages, if any, that may
result from the access.
(c) States the legal description of the multiple-dwelling
complex to which access is sought.
(2) Upon filing the petition with the circuit court, the cable
operator shall pay the property owner or deposit with the circuit
court an amount equal to the cable operator's offer of compensation
as provided under section 5(1). Upon filing of the petition with
the circuit court, the cable operator may file for record with the
county register of deeds a notice of the pendency of the
proceeding, describing with reasonable certainty the premises
affected and the purposes of the petition.
(3) The petition shall be served personally upon all persons
named in the petition as property owners in the same manner as a
summons in a civil action. However, personal service of the
petition upon a property owner is not required if the cable
operator, or the cable operator's agent or attorney, files an
affidavit stating on belief that the property owner is not a
resident of this state and that the cable operator has mailed a
copy of the notice to the property owner at the property owner's
place of residence, or that after diligent inquiry the property
owner's place of residence cannot be ascertained by the cable
operator. In that case, service shall be given by publication once
a week for 3 weeks in a newspaper of general circulation in the
municipality where the multiple-dwelling complex is located. If
this state is a property owner, the notice shall be served upon the
attorney general. Any property owner not served as provided under
this subsection is not bound by the proceeding unless the property
owner voluntarily appears in the proceeding.
(4) If proof of service and the petition are filed as provided
under this section, then, 30 days after the filing of the petition
and before making a determination of damages under this section,
the court shall enter an order granting access.
(5) For the purpose of making preliminary surveys and
examinations or for other purposes relative to any proceedings
under this section, the cable operator may lawfully enter a
property owner's premises. The cable operator shall not cause
unnecessary damage to the premises and is liable only for actual
damage done.
(6) For the purposes of section 4(7)(b), any party appearing
in a proceeding as provided under this section may introduce
evidence of damages, if any, and special benefits, if any, to the
multiple-dwelling complex occurring by reason of the installation
of the cable communications system.
(7) The court shall enter judgment not less than 10 days after
it has filed its determination of damages. The cable operator may
at any time up to 10 days after the filing of the court's
determination of the damages dismiss any proceeding under this
section against any property owner by notifying the property owner
and the court. If the proceeding is dismissed, the property owner
may recover from the cable operator reasonable costs and expenses
and temporary damages, if any.
(8) Any party to the circuit court proceeding may appeal the
court's determination within 90 days after the filing of that
determination.
(9) Unless the proceedings are dismissed under subsection (7),
upon completion of the proceedings, the attorney for the cable
operator shall make a certificate describing the access acquired
and the purpose or purposes for which acquired, and reciting the
fact of final payment of all awards or judgments in relation to the
access. The certificate shall be filed with the court clerk and a
certified copy thereof recorded with the county register of deeds.
The record is notice to all parties of the access to the premises
described in the petition.
(10) The cable operator shall pay all costs of the proceedings
under this section, including compensation to the property owner.
Sec. 7. (1) A cable operator granted access to a multiple-
dwelling complex under section 5 or 6 shall provide equipment with
sufficient channel capacity to be used by alternative providers.
(2) The cable operator shall determine the technical plan best
suited for providing the necessary channel capacity sufficient to
allow use by alternative providers. The plan shall be submitted to
the property owner. The cable operator may implement the technical
plan unless the property owner, within 7 days after receipt of the
plan, notifies the cable operator in writing of a reasonable
objection to the plan. The cable operator may modify and resubmit
the technical plan in response to the objection.
(3) The cable operator is not required to provide equipment
for connecting more than 1 television receiver per dwelling unit
within the multiple-dwelling complex. However, the cable operator
may provide duplicate connections at its discretion.
Sec. 8. (1) If a resident of a multiple-dwelling complex
requests an alternative provider to provide cable communications
services to the resident's dwelling, the alternative provider shall
notify the cable operator of a cable communications system serving
the multiple-dwelling complex. After agreeing with the alternative
provider on the amount of reimbursement to be paid to the cable
operator for use of the cable system equipment, the cable operator,
without unreasonable delay, shall make available to the alternative
provider the necessary cable system equipment.
(2) The alternative provider shall reimburse the cable
operator that installed the cable equipment for the cost of
equipment and installation at the multiple-dwelling complex on a
pro rata basis that reflects the number of subscribers of each
provider at the multiple-dwelling complex to the total number of
subscribers at the multiple-dwelling complex. In determining the
pro rata amount of reimbursement by any alternative provider, the
cost of equipment and installation shall be reduced to the extent
of cumulative depreciation of that equipment when the alternative
provider begins providing service. This section applies even if
equipment with channel capacity sufficient to allow use by
alternative providers is already installed as of the effective date
of this act.
(3) The reimbursed amount shall be paid in 1 installment for
each instance of requested use. The payment need not be refunded
upon subscriber cancellation of the alternative service.
(4) The cable operator, upon written request, shall make
available to the alternative provider financial records supporting
the reimbursement cost requested.
Sec. 9. If the premises upon which cable communications
equipment has been installed is subsequently condemned by the state
or by another entity granted the power of eminent domain under
state law, the cable operator's measure of damages for the taking
shall be limited to the actual compensation originally paid by the
cable operator to the property owner under this act.
Sec. 10. A person shall not interfere with the installation,
operation, inspection, maintenance, or removal of cable
communications system equipment under this act. A person who
violates this section may be ordered to pay a civil fine of not
more than $2,000.00. Each day on which a violation occurs
represents a separate violation. A violation of this section may be
prosecuted by the prosecutor of the county or municipality in which
the violation occurred or by the attorney general. The fine shall
be deposited in the general fund of the county, municipality, or
this state, as appropriate, depending on whose attorney prosecuted
the action.
Sec. 11. This act does not require residents to hook up or
subscribe to any services offered by any cable operator or
alternative provider.
Sec. 12. Any provision in a contract between a property owner
and a cable operator or a property owner and a resident that
conflicts with this act is invalid and unenforceable.
