Sec.16-333-53a. Contracts for access and wiring between community antenna television companies and owners of multiunit residential buildings  


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  • (a) In contracts pertaining to access and wiring between community antenna television companies and owners of multiunit residential buildings, the following terms shall not be included:

    (1) Any term that unreasonably restricts the ability of a community antenna television company to enter a multiunit residential building to restore service to a tenant in the event of a service interruption.

    (2) Any term that interferes with the ability of the owner of a multiunit residential building to guarantee building safety and security.

    (3) Any term that grants an exclusive license to any community antenna television company.

    (4) Any term that precludes any community antenna television company from negotiating with the owner of a multiunit residential building at a tenant's request pursuant to Subsection 16-333a (b) of the General Statutes of Connecticut.

    (5) Any term that has the effect, directly or indirectly, of diminishing or interfering with the right of tenants to use or receive community antenna television service from other providers.

    (6) Any term that discriminates in favor of any one community antenna television service provider with respect to the provision of access or compensation requested.

    (b) In contracts pertaining to access and wiring between community antenna television companies and owners of multiunit residential buildings, the following terms may be included:

    (1) Any term that requires a community antenna television company to follow reasonable procedures before entering a multiunit residential building to restore service in the case of a service interruption, such as contacting the occupied building's security officer prior to entering the multiunit residential building.

    (2) Any term that reasonably limits the ability of a community antenna television company to enter a multiunit residential building to install or upgrade service, so long as such limitation(s) are related to building safety and security.

    (3) Any term that establishes liquidated damages in the event that a community antenna television company fails to complete an installation and, after an opportunity to cure, the community antenna television company fails to remove any and all wiring installed by the provider or otherwise fails to restore the multiunit residential building to its preinstallation condition.

    (4) Any term that limits the application or operation of indemnification provisions in situations of gross negligence or willful misconduct on the part of the owner of a multiunit residential building.

    (5) Any term that requires the community antenna television company to supply the owner of a multiunit residential building with detailed plans and specifications for all wiring, equipment and construction work for approval by owner. The terms of approval shall specify that such approval shall not be unreasonably withheld.

    (6) Any term that requires the owner of a multiunit residential building to provide, if reasonably available, building and riser conduit or cabling for the use of the community antenna television company, at a rate of compensation agreed to by the parties and in compliance with the provisions of Subsection 16-333a (e) of the General Statutes of Connecticut and Section 16-333-52 of Regulations of Connecticut State Agencies.

    (7) Any term that requires the community antenna television company, at a cost agreed to by the parties, to construct additional building and riser conduit, provided that the entire cost of such wiring is assumed by the community antenna television company pursuant to Subsection 16-333a (b) of the General Statutes of Connecticut.

(Effective October 26, 1995)