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HB 669 - Cable TV; easements; landlord and tenant; tenants' choice of cable

Williams, Robin L (114th)	Howard, Henry L (118th)

Status Summary	HC:	Ind	SC:		FR:	02/17/99	LA:	02/22/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Chapter 18 of Title 36 of the Official Code of Georgia Annotated, relating to the regulation of cable television systems, so as to provide for the use of easements by cable television franchisees; to provide for the payment of compensation; to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant generally, so as to provide for tenants' choice of cable television service providers; and for other purposes.

Code Sections - 36-18-3.1/ 44-7-14.2

HB 669                                              LC 9 9975 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 18 of Title 36 of the Official Code of 
  1- 2  Georgia Annotated, relating to the regulation of cable 
  1- 3  television systems, so as to provide for the use of 
  1- 4  easements by cable television franchisees; to provide for 
  1- 5  the payment of compensation; to amend Article 1 of Chapter 7 
  1- 6  of Title 44 of the Official Code of Georgia Annotated, 
  1- 7  relating to landlord and tenant generally, so as to provide 
  1- 8  for tenants' choice of cable television service providers; 
  1- 9  to prohibit interference with certain rights; to provide for 
  1-10  enforcement of rights; to provide for costs; to provide for 
  1-11  stop-work orders; to provide for a definition; to repeal 
  1-12  conflicting laws; and for other purposes. 
 
  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-14                           SECTION 1. 
 
  1-15  Chapter 18 of Title 36 of the Official Code of Georgia 
  1-16  Annotated, relating to the regulation of cable television 
  1-17  systems, is amended by adding a new Code Section 36-18-3.1 
  1-18  to read as follows: 
 
  1-19    "36-18-3.1. 
 
  1-20    Any cable television franchisee may make use of any 
  1-21    easement across, in, or on public or private lands or 
  1-22    waterways in this state that already have thereon or 
  1-23    therein poles, wires, conduits, pipes, cables, or other 
  1-24    such facilities owned or maintained by a public utility 
  1-25    for the purpose of erecting, constructing, maintaining, or 
  1-26    operating any facilities to provide cable television or 
  1-27    communications service to the public, including poles, 
  1-28    wires, cables, guides, conduits, and apparatus which can 
  1-29    be installed in the same manner, above or below ground, as 
  1-30    the public utility facilities already on or in the 
  1-31    property, provided that the public utility is entitled to 
  1-32    fair compensation for the use of or any attachments made 
  1-33    to its facilities and the franchisee will repair any 
  1-34    damage caused by the franchisee to the property interest 
 
 
 
                                 -1- 
 
 
 
  2- 1    of the utility or the property on which the easement is 
  2- 2    located as a result of installing, constructing, or 
  2- 3    removing its facilities." 
 
  2- 4                           SECTION 2. 
 
  2- 5  Article 1 of Chapter 7 of Title 44 of the Official Code of 
  2- 6  Georgia Annotated, relating to landlord and tenant 
  2- 7  generally, is amended by striking subsection (b) of Code 
  2- 8  Section 44-7-2, relating to parol contracts creating 
  2- 9  landlord and tenant relationships, prohibition of certain 
  2-10  provisions, and effect of provisions for attorney's fees, 
  2-11  and inserting in its place the following: 
 
  2-12    "(b) In any contract, lease, license agreement, or similar 
  2-13    agreement, oral or written, for the use or rental of real 
  2-14    property as a dwelling place, a landlord or a tenant may 
  2-15    not waive, assign, transfer, or otherwise avoid any of the 
  2-16    rights, duties, or remedies contained in the following 
  2-17    provisions of law: 
 
  2-18      (1) Code Section 44-7-13, relating to the duties of a 
  2-19      landlord as to repairs and improvements; 
 
  2-20      (2) Code Section 44-7-14, relating to the liability of a 
  2-21      landlord for failure to repair; 
 
  2-22      (3) Ordinances adopted pursuant to Code Section 
  2-23      36-61-11; 
 
  2-24      (4) Article 3 of this chapter, relating to proceedings 
  2-25      against tenants holding over; 
 
  2-26      (5) Article 4 of this chapter, relating to distress 
  2-27      warrants; 
 
  2-28      (6) Article 2 of this chapter, relating to security 
  2-29      deposits; and 
 
  2-30      (7) Any applicable provision of Chapter 11 of Title 9 
  2-31      which has not been superseded by this chapter.; and 
 
  2-32      (8) Code Section 44-7-14.2, relating to tenants' choice 
  2-33      of cable television service providers." 
 
  2-34                           SECTION 3. 
 
  2-35  Said article is further amended by adding a new Code Section 
  2-36  44-7-14.2 to read as follows: 
 
 
 
 
 
 
                                 -2- 
 
 
 
  3- 1    "44-7-14.2. 
 
  3- 2    (a) As used in this Code section, the term 'cable 
  3- 3    television service provider' means each person or entity 
  3- 4    duly franchised to provide cable television service over a 
  3- 5    cable system within this state. 
 
  3- 6    (b) No landlord who offers more than four dwelling units 
  3- 7    for rent on one parcel of property or at one location 
  3- 8    shall interfere with the provision of cable television 
  3- 9    services being provided by a cable television service 
  3-10    provider to tenants on the effective date of this Code 
  3-11    section.  Cable television service providers are deemed to 
  3-12    own and have the right to exclude others from using any 
  3-13    wiring and equipment that they installed, other than 
  3-14    wiring owned by individual subscribers. 
 
  3-15    (c) Anyone who violates the provisions of this Code 
  3-16    section shall be subject to a stop-work order and shall be 
  3-17    liable to an aggrieved resident or cable service provider 
  3-18    for all costs and expenses, including attorney's fees, 
  3-19    required to assure the rights afforded under this Code 
  3-20    section.  Any franchised cable television service provider 
  3-21    shall be entitled to prompt judicial enforcement of its 
  3-22    rights under this Code section within seven days of filing 
  3-23    a complaint." 
 
  3-24                           SECTION 4. 
 
  3-25  All laws and parts of laws in conflict with this Act are 
  3-26  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-