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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY REICHLEY, CREIGHTON, GEIST, GILLESPIE, GINGRICH, HALUSKA, HORNAMAN, MOUL, MURT, SIPTROTH AND SONNEY, OCTOBER 14, 2009 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 14, 2009 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, in preemptions, providing for |
3 | municipal franchise agreements. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 53 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 303. Municipal franchise agreements. |
9 | (a) General rule.--A municipality which seeks to enter into |
10 | or renew a municipal franchise agreement under Subch. V-A of the |
11 | Communications Act of 1934 (48 Stat. 1064, 47 U.S.C. § 521 et |
12 | seq.) must, at a minimum, include provisions in the franchise |
13 | agreement that sets the amount a cable operator may charge a |
14 | subscriber for a cable converter box in accordance with the |
15 | following: |
16 | (1) A cable operator may charge a subscriber a fee for |
17 | an initial cable converter box used by the subscriber. |
18 | (2) A cable operator may not charge subscribers a fee |
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1 | for any additional cable converter boxes used by the |
2 | subscriber. |
3 | (3) A cable operator shall provide, upon the request of |
4 | a subscriber, up to five cable converter boxes to a |
5 | subscriber. |
6 | (b) Validity.--A franchise agreement in violation of |
7 | subsection (a) is invalid. |
8 | (c) Definitions.--As used in this section, the following |
9 | words and phrases shall have the meanings given to them in this |
10 | subsection unless the context clearly indicates otherwise: |
11 | "Cable converter box." An electronic tuning device rented |
12 | from a cable television operator: |
13 | (1) which converts any of the available channels from a |
14 | cable television service to a signal viewable on a |
15 | television; and |
16 | (2) the only function of which is to permit the |
17 | conversion of the cable operator's signal for reception on a |
18 | subscriber's television. |
19 | "Cable television operator." A person that provides cable |
20 | service over a cable system and that: |
21 | (1) directly or through one or more affiliates owns an |
22 | interest in that cable system; or |
23 | (2) otherwise controls or is responsible for, through |
24 | any arrangement, the management and operation of that cable |
25 | system. |
26 | The term does not include a provider of wireless or direct-to- |
27 | home satellite transmission service. |
28 | "Direct-to-home satellite transmission." The transmission, |
29 | distribution or broadcasting of video programming or services by |
30 | satellite directly to a subscriber's premises without the use of |
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1 | ground receiving or distribution equipment, except at the site |
2 | of the subscriber or in the uplink process to the satellite. |
3 | "Person." Any individual, partnership, association, joint |
4 | stock company, trust, corporation, government entity, limited |
5 | liability company or any other entity. |
6 | "Subscriber." The ultimate consumer of the video programming |
7 | provided by a video programmer over any means of transmission, |
8 | other than wireless or direct-to-home satellite transmission. |
9 | The term does not include a video programmer that purchases |
10 | video dial tone transport service to provide video programming |
11 | over a video dial tone system. |
12 | "Video dial tone service." A common carrier service for the |
13 | transport of video programming to subscribers. |
14 | "Video programmer." A person that provides video programming |
15 | to a subscriber. |
16 | "Video programming." Video or information programming, |
17 | whether in digital or analog format, which: |
18 | (1) is provided by a cable operator or is generally |
19 | considered comparable to programming provided by a cable |
20 | television operator; and |
21 | (2) upon which the cable television operator pays a |
22 | franchise fee. |
23 | The term does not include online, interactive information |
24 | services to the extent that access to those services is |
25 | accomplished via a dial-up or private telephone line or via |
26 | wireless or direct-to-home satellite transmission. |
27 | "Wireless transmission." The distribution of video |
28 | programming using radio communications, including terrestrial- |
29 | based radio systems. |
30 | Section 2. This act shall take effect immediately. |
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