BILL NUMBER: AB 1164	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De Leon

                        FEBRUARY 23, 2007

   An act to add Division 2.6 (commencing with Section 5980) to the
Public Utilities Code, relating to communications.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1164, as introduced, De Leon. Communications: video and
broadband access.
   Existing law, the Digital Infrastructure and Video Competition Act
of 2006, establishes a procedure for the issuance of state
franchises for the provision of video service, defined to include
cable service and open-video systems, administered by the Public
Utilities Commission. Existing law authorizes the commission, after a
hearing, to require every cable television corporation to construct,
maintain, and operate utility facilities in a manner so as to
promote and safeguard the health and safety of its employees,
customers, and the public.
   This bill would prohibit a provider of video service or broadband
service from entering into an agreement with any person owning,
leasing, controlling, or managing buildings or dwellings that would
diminish or interfere with the rights of any tenant or other occupant
of the building or dwelling to the use of any video service or
broadband service offered by another party. The bill would authorize
the owner of a multiple dwelling unit or housing community to require
reasonable compensation in exchange for permitting the installation
of video service system equipment within and upon the property, to be
paid by the video service provider or broadband service provider.
The bill would require a video service provider or broadband service
provider to indemnify the lessor of a commercial or dwelling unit for
any damage arising out of the affixation of facilities to provide
service to tenants and would authorize an owner of property to
require that installation not interfere with the safety, functioning,
appearance, or use of the premises.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Division 2.6 (commencing with Section 5980) is added to
the Public Utilities Code, to read:

      DIVISION 2.6.  VIDEO AND BROADBAND ACCESS


   5980.  This division shall be known and may be cited as the Video
and Broadband Open Access Act.
   5981.  (a) A video service provider or broadband service provider
shall not enter into any agreement with a person owning, leasing,
controlling, or managing buildings or dwellings, or perform any act,
that would directly or indirectly diminish or interfere with the
rights of any tenant or other occupant of the building or dwelling to
the use of any video service or broadband service offered by another
party.
   (b) A video service provider or broadband service provider who
affixes, or causes to be affixed, video service or broadband system
facilities to the dwelling of a tenant shall do so at no cost to the
landlord of the dwelling, shall indemnify the landlord of the
dwelling for any damage arising out of the affixation of facilities,
and shall not interfere with the safety, functioning, appearance, or
use of the dwelling.
   (c) A person owning, leasing, controlling, or managing a multiple
dwelling unit or a housing community, served by a video service
system or broadband service system, shall not discriminate in rental
or other charges, between tenants or homeowners or occupants who
subscribe to the video service or broadband service, and those who do
not. The owner of a multiple dwelling unit or housing community may
require reasonable compensation in exchange for permitting the
installation of video service system equipment within and upon the
property, to be paid by the video service provider or broadband
service provider.
   (d) A person owning, leasing, controlling, or managing a multiple
dwelling unit or a housing community shall not prohibit or otherwise
prevent a video service provider or broadband service provider from
entering buildings or dwellings for the purpose of constructing,
installing, or servicing video service system facilities or broadband
service system facilities if one or more tenants or occupants of a
multiple dwelling unit, or one or more owners or occupants of a
dwelling or more than one dwelling, have requested service. A video
service provider shall not install service in an individual dwelling
unit unless permission has been given by the tenant occupying the
unit or the owner or occupant of the dwelling.
   (e) A video service provider or broadband service provider shall
indemnify the lessor of a commercial or dwelling unit for any damage
caused by the installation, operation, or removal of video service
facilities. An owner of property may require that the installation of
cable television facilities conforms to those reasonable conditions
as are necessary to protect the safety, functioning, and appearance
of the premises, and the convenience and well-being of other tenants.