Guam § 32603 - Access.

§ 32603. Access.

(a) No property owner, condominium association, managing

agent, lessee or other person in possession or control of any

residential building (hereinafter “property manager”) shall forbid

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or prevent any occupant, tenant or lessee (hereinafter “tenant”) of

any such building from

(1) receiving cable television service from a cable

operator, nor

(2) demand or accept payment from any cable operator

or such tenant in any form as a condition of permitting the

installation of cable television facilities or the maintenance

of cable television service in any such building or any portion

thereof occupied or leased by such tenant, nor

(3) discriminate in rental charges or otherwise against

any tenant receiving cable service; provided, however, that

the property manager of such building may require, in

exchange and as compensation for permitting the installation

of cable television facilities within and upon such building,

the payment of just compensation by the cable operator

which provides such cable television service, said sum to be

determined in accordance with the provisions of

subparagraphs (c) and (d) hereof, and provided further that

the cable operator installing such cable television facilities

shall agree to indemnify the owner of such building for any

damage caused by the installation, operation or removal of

such cable television facilities and service.

No cable operator shall install cable television facilities

within a residential building pursuant to this subparagraph (a)

unless the property manager of such residential building, or a

tenant of such residential building requests the delivery of cable

television services. In any instance in which a request for service

is made by more than three (3) tenants of a residential building,

the cable operator may install cable television facilities throughout

the building in a manner which enables the cable operator to

provide cable television services to tenants of other residential

units without requiring the installation of additional cable

television facilities other than within the residential units occupied

by such other tenants.

(b) No property manager of any improved or unimproved real

estate shall forbid or prevent a cable operator from entering upon

such real estate for the purpose of and in connection with the

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construction or installation of such cable television system and

cable television facilities, nor shall any such property manager of

such real estate forbid or prevent such cable operator from

constructing or installing upon, beneath or over (hereinafter

“upon”) such real estate, including any buildings or other

structures located thereon, hardware, cable, equipment, materials

or other cable television facilities utilized by such cable operator

in the construction and installation of such cable television

system; provided, however, that the property manager of any such

real estate may require, in exchange and as compensation for

permitting the construction or installation of cable television

facilities upon such real estate, the payment of just compensation

by the cable operator which provides such cable television service,

said sum to be determined in accordance with the provisions of

subparagraphs (c) and (d) hereof, and provided further that the

cable operator constructing or installing such cable television

facilities shall agree to indemnify the owner of such real estate for

any damage caused by the installation, operation or removal of

such cable television facilities and service.

(c) In any instance in which the property manager of a

residential building or improved or unimproved real estate intends

to require the payment of just compensation in excess of $1 in

exchange for permitting the installation of cable television

facilities in and upon such building, or upon such real estate, the

property manager shall serve written notice thereof upon the cable

operator. Any such notice shall be served within 20 days of the

date on which such property manager is notified of the cable

operator’s intention to construct or install cable television

facilities in and upon such building, or real estate. Unless timely

notice as herein provided is given by the property manager to the

cable operator, it will be conclusively presumed that the property

manager of any such building or real estate does not claim or

intend to require a payment of more than $1 in exchange and as

just compensation for permitting the installation of cable

television facilities within and upon such building or real estate.

In any instance in which a cable operator intends to install cable

television facilities as herein provided, written notice of such

intention shall be sent by the cable operator to the property

manager. Such notice shall include the address of the property,

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the name of the cable operator, and information as to the time

within which the property manager may give notice, demand

payment as just compensation and initiate legal proceedings as

provided in this subparagraph (c) and subparagraph (d). In any

instance in which a cable operator intends to install cable

television facilities within a residential building containing

twelve(12) or more residential units, the written notice shall

further provide that the property manager may require that the

cable operator submit written plans identifying the manner in

which cable television facilities are to be installed, including the

proposed location of coaxial cable. Approval of such plans by the

property manager shall not be unreasonably withheld and such

property manager’s consent to and approval of such plans shall be

presumed unless, within 30 days after receipt thereof, or in the

case of a condominium association, 90 days after receipt thereof,

the property manager identifies in writing the specific manner in

which such plans deviate from generally accepted construction or

safety standards, and unless the property manager

contemporaneously submits an alternative construction plan

providing for the installation of cable television facilities in an

economically feasible manner. The cable operator may proceed

with the plans originally submitted if an alternative plan is not

submitted by the property manager within 30 days, or in the case

of a condominium association, 90 days, or if an alternative plan

submitted by the property manager fails to comply with generally

accepted construction and safety standards or does not provide for

the installation of cable television facilities in an economically

feasible manner.

(d) Any property manager of a residential building described

in subparagraph (a), and any property manager of improved or

unimproved real estate described in subparagraph (b), who shall

have given timely written notice to the cable operator as provided

in subparagraph (c), may assert a claim for just compensation in

excess of $1 for permitting the installation of cable television

facilities within and upon such building or real estate. Within 30

days after notice has been given in accordance with subparagraph

(c), the property manager shall advise the cable operator in writing

of the amount claimed as just compensation. If within 60 days

after the receipt of the property manager’s claim, the cable

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operator has not agreed to pay the amount claimed or some other

amount acceptable to the property manager, the property manager

may bring suit to enforce such claim for just compensation in any

court of competent jurisdiction and, upon timely demand, may

require that the amount of just compensation be determined by a

jury. Any such action shall be commenced within 6 months of the

notice given by the cable operator pursuant to subparagraph (c)

hereof. In any action brought to determine such amount, the

property manager may submit evidence of a decrease in the fair

market value of the property occasioned by the installation or

location of the cable on the property, that the property manager

has a specific alternative use for the space occupied by cable

television facilities, the loss of which will result in a monetary loss

to the property manager, or that installation of cable television

facilities within and upon such building or real estate otherwise

substantially interferes with the use and occupancy of such

building to an extent which causes a decrease in the fair market

value of such building or real estate.

(e) Disposition of cable home wiring upon installation. In

order to promote competition between cable operators and to

assure the smooth transition of services from one cable operator

to another, if so desired by a cable subscriber (hereinafter

“subscriber”), and to allow private real property owners to protect

the aesthetic integrity and value of their property by preventing

unsightly and excessive external cables from being attached to or

located upon their property:

(1) Upon the installation of cable home wiring to any

residential single unit or multiple unit dwelling by a cable

operator, the installed wiring shall be deemed to be a fixture

of the dwelling, and ownership of the wiring shall be

immediately vested in the owner of the dwelling or premises

(hereinafter “owner”). After installation of the wiring, a

cable operator shall make no attempt to remove it or to

restrict its use.

(2) Upon voluntary termination of existing cable service

by a subscriber, whether or not the subscriber is an owner, a

tenant, or a property manager, or upon initial subscription of

cable service by a subscriber with an alternate cable operator,

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a cable operator shall not remove the cable home wiring

unless the cable operator gives the owner the opportunity to

acquire the wiring at the replacement cost, and the owner

declines. The cost is to be determined based on the

replacement cost per foot of the cabling multiplied by the

length in feet of the cable home wiring. If the owner declines

to acquire the cable home wiring, the cable operator must

then remove the cable home wiring within Thirty (30) days

or make no subsequent attempt to remove it or to restrict its

use.

(3) “Cable home wiring” is defined to be the internal

wiring contained within the premises of a subscriber which

begins at the “demarcation” point. For single unit dwellings,

the “demarcation” point is the point at or about Twelve (12)

inches outside of the location where the cable wire enters the

subscriber’s premises; for multiple unit dwellings, it is the

interconnection point or junction box between the

subscriber’s dwelling unit and the cable operator’s

distribution system. It does not include active elements such

as amplifiers, converter or decoder boxes, or remote control

units. It does not include loop through or other similar series

cable wiring in multiple unit dwellings. For multiple

dwelling units, it does include the adapters, jacks, or “F”

connectors attaching the cable wire to the interconnection

point.

(4) Any cable operator disconnecting its cable wire from

the interconnection point shall leave the adapters, jacks, or

“F” connectors attaching the cable wire to the

interconnection point intact and shall not do anything which

would otherwise render the cable wire ineffective or unable

to be attached to an alternate cable operator’s interconnection

point.

(5) The provisions of this Section set forth requirements

for the disposition, after a subscriber voluntarily terminates

cable service, of that cable home wiring installed by the cable

operator or its contractor within the premises of the

subscriber. The provisions do not apply where the cable

home wiring belongs to the subscriber, such as where the

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cable operator has transferred ownership to the subscriber,

the cable operator has been treating the wire as belonging to

the subscriber for tax purposes, or the wiring is considered to

be a fixture by territorial law.

(6) Nothing in this Section shall affect the cable

operator’s rights or responsibilities under federal or territorial

laws, rules, or regulations to prevent excessive signal leakage

while providing cable service, or the cable operator’s right to

access the subscriber’s property or premises.