BP BHEAD INT H

AN ACT Relating to access to cable television systems by tenants of multiple dwelling units; adding new sections to chapter 59.18 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that the public interest is best served if tenants of multiple dwelling premises have the opportunity to obtain cable television services from the operator or source of their own choice.

NEW SECTION. Sec. 2. For the purposes of sections 1 through 3 of this act:

(1) "Cable television system" means a system or facility, or part thereof, which consists of a set of transmission paths and associated signal generation, reception, amplification, and control equipment that receives, amplifies, and distributes to subscribers video, audio, digital, light, or audio-video signals.

(2) "Holding a franchise" means obtaining municipal consent or approval from a municipality or other state governmental unit for an operator to construct or operate a cable television system and provide services whether granted by resolution, ordinance, or written agreement.

(3) "Landlord" means any individual or entity owning, controlling, leasing, operating, or managing one or more multiple dwelling premises.

(4) "Tenant" means any individual or entity renting or leasing an apartment, condominium, mobile home, or other dwelling unit in a multiple dwelling premises.

(5) "Multiple dwelling premises" means any building, mobile home park, or other area occupied by dwelling units that are intended or designed to be occupied or leased for occupation, or actually occupied, as individual homes or residences for three or more households.

NEW SECTION. Sec. 3. (1) A tenant has a right of access to cable television services from an operator holding a franchise to provide such services, if an access agreement exists between the operator and the landlord.

(2) If an access agreement does not exist between the operator and the landlord, the operator may notify the landlord of a tenant's request for service and propose entering into an access agreement. The operator's proposal shall include:

(a) A description of the work necessary to provide the tenant or tenants with access to the operator's cable television service;

(b) An explanation that the operator shall retain ownership of all wiring and equipment used in any installation or upgrade;

(c) An offer of compensation for loss in value of property given for the permanent installation of cable television system facilities and operator access to those facilities; and

(d) A statement that the operator is liable to the landlord for any physical damage caused.

(3) If an access agreement is not reached between the operator and the landlord after a forty-five day period, the operator may serve the landlord with a formal request for arbitration to commence within sixty days of the date of service of the operator's formal request, unless the parties agree otherwise. The arbitration proceeding shall be conducted in accordance with the procedures of the American arbitration association or its successor and shall be held in the county in which the multiple dwelling premises is located. The cost of the arbitration proceeding shall be shared equally by the landlord and the operator. The arbitration proceeding shall be concluded and a written decision by the arbitrator shall be rendered within fourteen days of commencement of the proceeding.

(4) Within thirty days of the date of the arbitrator's decision, either party may appeal that decision to the superior court in the county where the multiple dwelling premises is located. Review of the decision shall be limited to the record before the arbitrator.

NEW SECTION. Sec. 4. This act may be known and cited as the landlord and tenant cable television act.

NEW SECTION. Sec. 5. Sections 1 through 3 of this act are each added to chapter 59.18 RCW.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.