§ 8AA-28.1. Unlawful to interfere with licensee's access to easements.

(a) Conduct prohibited.

(1)

No property owner shall deny any owner, occupant, tenant, or lessee their right to have cable service provided by a licensee.

(2)

No property owner shall forbid, prevent, or interfere with the licensee when the licensee is attempting to enter onto property at reasonable times and in reasonable circumstances for the purpose of the construction, installation, maintenance, or operation of a cable system or facilities on easements dedicated for compatible use.

(3)

Except as provided for in subsection (b) of this provision, no property owner shall demand or accept payment in any form as a condition of permitting access to any easements dedicated for compatible use or as a condition of allowing the licensee to construct, install, maintain, or operate its cable system on an easement dedicated for compatible use.

(4)

No property owner shall discriminate in rental charges or otherwise discriminate against any owner, occupant, tenant, or lessee on account of the purchase of cable services from a licensee by that owner, occupant, tenant, or lessee.

(b)

In installing, maintaining, operating, or removing its facilities in, upon, on or from any easements dedicated for compatible uses, the licensee shall ensure:

(1)

That the safety, functioning, and appearance of the premises and the convenience and safety of other persons not be adversely affected by the installation, construction, or removal of facilities necessary for a cable system;

(2)

That the cost of the installation, construction, operation, or removal of such facilities be borne by the licensee or subscriber, or a combination of both; and

(3)

That the owner be justly compensated by the licensee for any damages caused by the installation, construction, operation, or removal of such facilities by the licensee.

(c) Nothing herein shall be construed to prohibit or prevent any property owner from constructing, installing, or continuing to maintain and operate an independent television receiving system subject to the other provisions of this chapter; provided, however, that the construction, installation, maintenance, and operation of such receiving system shall not prevent the licensee from constructing, installing, maintaining, and operating its cable service through its cable system.

(d) This chapter is not intended to, and nothing herein shall be construed to, preclude appropriate payments, arrangements, or agreements for the use by cable operators of other utilities' facilities and equipment, including pole attachment agreements.

(e)

Any person who willfully violates this section shall be subject to a five hundred dollar ($500.00) fine and thirty (30) days in jail for each violation.

(f) The licensee shall have a private right of action for damages and injunctive relief in any court of competent jurisdiction to enforce its rights pursuant to this section.

(Ord. No. 90-73, § 1, 7-24-90; Ord. No. 01-44, § 1, 3-20-01)