§ 39-19-10.1 Installation of cabletelevision in mobile or manufactured home parks. – A tenant in a mobile or manufactured home park may subscribe to CATV service,subject to the following provisions:
(1) A CATV operator who affixes or causes to be affixed CATVfacilities to the dwelling of a tenant shall (i) do so at no cost to thelandlord of such mobile or manufactured home park, (ii) indemnify the landlordfor damages, if any, arising from the installation and/or the continuedoperation thereof, and (iii) not interfere with the safety, functioning,appearance, or use of the mobile or manufactured home park, nor interfere withthe reasonable rules and regulations of the owner dealing with the day-to-dayoperations of the property, including the owner's reasonable access rules forsoliciting business. Nothing in this subdivision shall prohibit a landlord fromcontracting with the CATV operator for work in addition to standardinstallation.
(2) No CATV operator shall enter into any agreement withpersons owning, leasing, controlling, or managing a mobile or manufactured homepark served by a CATV system or perform any act which would directly orindirectly diminish or interfere with the rights of any tenant to use a masteror individual antenna system.
(3) A CATV operator shall have the landlord's consent toaffix CATV system facilities which are necessary to either offer or provideservice to a privately owned utility pole within the mobile or manufacturedhome park by delivery to the owner, in person or by certified mail, returnreceipt requested, of a copy of this section and a signed statement that theCATV operator will be bound by the terms of this section to the owner or lawfulagent of the property upon which the CATV system facilities are to be affixed.A CATV operator or other telephone, telecommunications or information serviceprovider shall be permitted to affix CATV systems facilities pursuant to thissubdivision prior to receiving a request for service from a tenant.
(ii) The CATV operator shall present and review with theowner prior to any installation, plans and specifications for the installation,and shall abide by reasonable installation requests by the owner. The CATVoperator will inspect the premises with the owner after installation to insureconformance with the plans and specifications. The owner may waive in writingthe prior presentation of the plans and specifications. The CATV operator shallbe responsible for the maintenance of any equipment installed on the owner'spremises and shall be entitled to reasonable access for maintenance. The CATVoperator shall also, prior to any installation, provide, upon the request ofthe owner, a certificate of insurance covering all the employees or agents ofthe installer or CATV operator as well as all equipment of the operator.
(4) If the owner of any privately owned utility pole intendsto require the payment of any sum in excess of a nominal amount, herein definedas the amount paid by the CATV operator to utility companies for installationof similar facilities on their poles, in exchange for permitting theinstallation of CATV system facilities to the privately owned utility pole, theowner shall notify the CATV operator by certified mail, return receiptrequested, within twenty (20) days of the date on which the owner is notifiedthat the CATV operator intends to install CATV system facilities on theprivately owned utility pole within the mobile or manufactured home park.Absent such notice, it will be conclusively presumed that the owner will notrequire payment in excess of the the nominal amount specified in thissubdivision for the connection.
(5) If the owner gives notice, the owner will, within thirty(30) days after giving notice, advise the CATV operator in writing of theamount the owner claims as compensation for affixing CATV system facilities tohis or her privately owned utility pole. If within thirty (30) days afterreceipt of the owner's claim for compensation, the CATV operator has not agreedto accept the owner's demand, the owner may bring an action in the superiorcourt for the county in which the real estate is located to enforce the owner'sclaim for compensation. The action shall be brought within six (6) months ofthe date on which the owner first made a demand upon the CATV operator forcompensation and not thereafter.
(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 system facilities or equipment, the loss of which shallresult in a monetary loss to the owner, or that installation of CATV systemfacilities or equipment upon the privately owned utility pole will otherwisesubstantially interfere with the use and occupancy of the pole to an extentwhich causes a decrease in the resale or rental value of the real estate. Indetermining the damages to any real estate injured when no part of it is beingtaken, consideration is to be given only to such injury as is special andpeculiar to the real estate, and there shall be deducted therefrom the amountof any benefit to the real estate by reason of the installation of CATV systemfacilities.
(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 to install, maintain, or remove CATV systemfacilities to a tenant's dwelling on the real estate. The superior court shallhave original jurisdiction to enforce the provisions 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 or a CATV operator or other telephone, telecommunications or informationservice provider to pursue any other remedies which may be available at law orin equity.
(8) It shall be an unfair trade practice under chapter 13.1of title 6 for any person owning, leasing, or managing any mobile ormanufactured home park served by a CATV system to discriminate in rentalcharges or other charges to tenants based on the tenants' subscription to aCATV service from and after July 1, 1987 or to demand or accept payment, exceptas provided in this section, for the affixing of CATV facilities to a privatelyowned utility pole within the mobile or manufactured home park provided,however, that this subdivision shall not apply to contracts entered into on orbefore July 1, 1987.
(9) For the purposes of this section the phrase "privatelyowned utility pole" refers to a utility pole which is owned by a person orentity other than a public utility or municipal corporation providing electricor telecommunications services.
§ 39-19-10.1 Installation of cabletelevision in mobile or manufactured home parks. – A tenant in a mobile or manufactured home park may subscribe to CATV service,subject to the following provisions:
(1) A CATV operator who affixes or causes to be affixed CATVfacilities to the dwelling of a tenant shall (i) do so at no cost to thelandlord of such mobile or manufactured home park, (ii) indemnify the landlordfor damages, if any, arising from the installation and/or the continuedoperation thereof, and (iii) not interfere with the safety, functioning,appearance, or use of the mobile or manufactured home park, nor interfere withthe reasonable rules and regulations of the owner dealing with the day-to-dayoperations of the property, including the owner's reasonable access rules forsoliciting business. Nothing in this subdivision shall prohibit a landlord fromcontracting with the CATV operator for work in addition to standardinstallation.
(2) No CATV operator shall enter into any agreement withpersons owning, leasing, controlling, or managing a mobile or manufactured homepark served by a CATV system or perform any act which would directly orindirectly diminish or interfere with the rights of any tenant to use a masteror individual antenna system.
(3) A CATV operator shall have the landlord's consent toaffix CATV system facilities which are necessary to either offer or provideservice to a privately owned utility pole within the mobile or manufacturedhome park by delivery to the owner, in person or by certified mail, returnreceipt requested, of a copy of this section and a signed statement that theCATV operator will be bound by the terms of this section to the owner or lawfulagent of the property upon which the CATV system facilities are to be affixed.A CATV operator or other telephone, telecommunications or information serviceprovider shall be permitted to affix CATV systems facilities pursuant to thissubdivision prior to receiving a request for service from a tenant.
(ii) The CATV operator shall present and review with theowner prior to any installation, plans and specifications for the installation,and shall abide by reasonable installation requests by the owner. The CATVoperator will inspect the premises with the owner after installation to insureconformance with the plans and specifications. The owner may waive in writingthe prior presentation of the plans and specifications. The CATV operator shallbe responsible for the maintenance of any equipment installed on the owner'spremises and shall be entitled to reasonable access for maintenance. The CATVoperator shall also, prior to any installation, provide, upon the request ofthe owner, a certificate of insurance covering all the employees or agents ofthe installer or CATV operator as well as all equipment of the operator.
(4) If the owner of any privately owned utility pole intendsto require the payment of any sum in excess of a nominal amount, herein definedas the amount paid by the CATV operator to utility companies for installationof similar facilities on their poles, in exchange for permitting theinstallation of CATV system facilities to the privately owned utility pole, theowner shall notify the CATV operator by certified mail, return receiptrequested, within twenty (20) days of the date on which the owner is notifiedthat the CATV operator intends to install CATV system facilities on theprivately owned utility pole within the mobile or manufactured home park.Absent such notice, it will be conclusively presumed that the owner will notrequire payment in excess of the the nominal amount specified in thissubdivision for the connection.
(5) If the owner gives notice, the owner will, within thirty(30) days after giving notice, advise the CATV operator in writing of theamount the owner claims as compensation for affixing CATV system facilities tohis or her privately owned utility pole. If within thirty (30) days afterreceipt of the owner's claim for compensation, the CATV operator has not agreedto accept the owner's demand, the owner may bring an action in the superiorcourt for the county in which the real estate is located to enforce the owner'sclaim for compensation. The action shall be brought within six (6) months ofthe date on which the owner first made a demand upon the CATV operator forcompensation and not thereafter.
(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 system facilities or equipment, the loss of which shallresult in a monetary loss to the owner, or that installation of CATV systemfacilities or equipment upon the privately owned utility pole will otherwisesubstantially interfere with the use and occupancy of the pole to an extentwhich causes a decrease in the resale or rental value of the real estate. Indetermining the damages to any real estate injured when no part of it is beingtaken, consideration is to be given only to such injury as is special andpeculiar to the real estate, and there shall be deducted therefrom the amountof any benefit to the real estate by reason of the installation of CATV systemfacilities.
(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 to install, maintain, or remove CATV systemfacilities to a tenant's dwelling on the real estate. The superior court shallhave original jurisdiction to enforce the provisions 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 or a CATV operator or other telephone, telecommunications or informationservice provider to pursue any other remedies which may be available at law orin equity.
(8) It shall be an unfair trade practice under chapter 13.1of title 6 for any person owning, leasing, or managing any mobile ormanufactured home park served by a CATV system to discriminate in rentalcharges or other charges to tenants based on the tenants' subscription to aCATV service from and after July 1, 1987 or to demand or accept payment, exceptas provided in this section, for the affixing of CATV facilities to a privatelyowned utility pole within the mobile or manufactured home park provided,however, that this subdivision shall not apply to contracts entered into on orbefore July 1, 1987.
(9) For the purposes of this section the phrase "privatelyowned utility pole" refers to a utility pole which is owned by a person orentity other than a public utility or municipal corporation providing electricor telecommunications services.
§ 39-19-10.1 Installation of cabletelevision in mobile or manufactured home parks. – A tenant in a mobile or manufactured home park may subscribe to CATV service,subject to the following provisions:
(1) A CATV operator who affixes or causes to be affixed CATVfacilities to the dwelling of a tenant shall (i) do so at no cost to thelandlord of such mobile or manufactured home park, (ii) indemnify the landlordfor damages, if any, arising from the installation and/or the continuedoperation thereof, and (iii) not interfere with the safety, functioning,appearance, or use of the mobile or manufactured home park, nor interfere withthe reasonable rules and regulations of the owner dealing with the day-to-dayoperations of the property, including the owner's reasonable access rules forsoliciting business. Nothing in this subdivision shall prohibit a landlord fromcontracting with the CATV operator for work in addition to standardinstallation.
(2) No CATV operator shall enter into any agreement withpersons owning, leasing, controlling, or managing a mobile or manufactured homepark served by a CATV system or perform any act which would directly orindirectly diminish or interfere with the rights of any tenant to use a masteror individual antenna system.
(3) A CATV operator shall have the landlord's consent toaffix CATV system facilities which are necessary to either offer or provideservice to a privately owned utility pole within the mobile or manufacturedhome park by delivery to the owner, in person or by certified mail, returnreceipt requested, of a copy of this section and a signed statement that theCATV operator will be bound by the terms of this section to the owner or lawfulagent of the property upon which the CATV system facilities are to be affixed.A CATV operator or other telephone, telecommunications or information serviceprovider shall be permitted to affix CATV systems facilities pursuant to thissubdivision prior to receiving a request for service from a tenant.
(ii) The CATV operator shall present and review with theowner prior to any installation, plans and specifications for the installation,and shall abide by reasonable installation requests by the owner. The CATVoperator will inspect the premises with the owner after installation to insureconformance with the plans and specifications. The owner may waive in writingthe prior presentation of the plans and specifications. The CATV operator shallbe responsible for the maintenance of any equipment installed on the owner'spremises and shall be entitled to reasonable access for maintenance. The CATVoperator shall also, prior to any installation, provide, upon the request ofthe owner, a certificate of insurance covering all the employees or agents ofthe installer or CATV operator as well as all equipment of the operator.
(4) If the owner of any privately owned utility pole intendsto require the payment of any sum in excess of a nominal amount, herein definedas the amount paid by the CATV operator to utility companies for installationof similar facilities on their poles, in exchange for permitting theinstallation of CATV system facilities to the privately owned utility pole, theowner shall notify the CATV operator by certified mail, return receiptrequested, within twenty (20) days of the date on which the owner is notifiedthat the CATV operator intends to install CATV system facilities on theprivately owned utility pole within the mobile or manufactured home park.Absent such notice, it will be conclusively presumed that the owner will notrequire payment in excess of the the nominal amount specified in thissubdivision for the connection.
(5) If the owner gives notice, the owner will, within thirty(30) days after giving notice, advise the CATV operator in writing of theamount the owner claims as compensation for affixing CATV system facilities tohis or her privately owned utility pole. If within thirty (30) days afterreceipt of the owner's claim for compensation, the CATV operator has not agreedto accept the owner's demand, the owner may bring an action in the superiorcourt for the county in which the real estate is located to enforce the owner'sclaim for compensation. The action shall be brought within six (6) months ofthe date on which the owner first made a demand upon the CATV operator forcompensation and not thereafter.
(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 system facilities or equipment, the loss of which shallresult in a monetary loss to the owner, or that installation of CATV systemfacilities or equipment upon the privately owned utility pole will otherwisesubstantially interfere with the use and occupancy of the pole to an extentwhich causes a decrease in the resale or rental value of the real estate. Indetermining the damages to any real estate injured when no part of it is beingtaken, consideration is to be given only to such injury as is special andpeculiar to the real estate, and there shall be deducted therefrom the amountof any benefit to the real estate by reason of the installation of CATV systemfacilities.
(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 to install, maintain, or remove CATV systemfacilities to a tenant's dwelling on the real estate. The superior court shallhave original jurisdiction to enforce the provisions 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 or a CATV operator or other telephone, telecommunications or informationservice provider to pursue any other remedies which may be available at law orin equity.
(8) It shall be an unfair trade practice under chapter 13.1of title 6 for any person owning, leasing, or managing any mobile ormanufactured home park served by a CATV system to discriminate in rentalcharges or other charges to tenants based on the tenants' subscription to aCATV service from and after July 1, 1987 or to demand or accept payment, exceptas provided in this section, for the affixing of CATV facilities to a privatelyowned utility pole within the mobile or manufactured home park provided,however, that this subdivision shall not apply to contracts entered into on orbefore July 1, 1987.
(9) For the purposes of this section the phrase "privatelyowned utility pole" refers to a utility pole which is owned by a person orentity other than a public utility or municipal corporation providing electricor telecommunications services.
