S0937.02C

SENATE COMMITTEE SUBSTITUTE

FOR

SENATE BILL NO. 204

AN ACT

     To amend chapter 441, RSMo, by adding one new section relating to cable television services to occupants of certain properties.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Chapter 441, RSMo, is amended by adding thereto one new section, to be known as section 441.015, to read as follows:

     441.015. 1. If any city, town or village has granted a franchise to any provider of cable television service to construct, operate or maintain cable television service within a designated franchise area, no property owner, condominium association, managing agent, lessor, or other person in possession or control of any residential dwelling located within such designated franchise area may forbid or prevent any occupant, tenant or lessee of any such dwelling from receiving cable television service from such franchisee, nor demand or accept payment from any such occupant, tenant or lessee in any form as condition of permitting the installation of cable television facilities or the maintenance of cable television service in any such dwelling or any portion thereof occupied or leased by such occupant, tenant or lessee, nor shall any such property owner, condominium association, managing agent, lessee or other person discriminate in rental charges or otherwise against any occupant, tenant or lessee receiving cable service.

     2. No provider of cable television services shall install cable television service facilities within a residential dwelling under this section unless an owner, occupant, tenant or lessee of such residential dwelling requests the delivery of cable television services.

     3. The cable television franchisee installing such cable television facilities shall agree to indemnify the owner of such dwelling for damage caused by installation, operation or removal of such cable television facilities and service.

     4. The property owner of such building shall receive just compensation for the installation of cable television facilities. Upon receiving a request for access from a provider of cable television service, a property owner shall negotiate with the provider of cable television service in good faith to determine such just compensation in accordance with the following factors:

     (1) The extent to which the cable television facilities physically occupy such dwellings;

     (2) The extent to which such facilities would interfere with the normal use and enjoyment of such dwelling; and

     (3) The enhancement in value to such dwelling resulting from the availability of services provided over the cable television facilities.