COMMUNITY ANTENNA TELEVISION SYSTEMS

M.G.L. pt. Part I, tit. Title XXII, ch. c. 166A

in effect

M.G.L. c. 166A, § 1 Definitions

c. 166A, § 1. Definitions Section 1. The following terms as used in this chapter shall, unless the context requires otherwise, have the following meanings:— ''Community antenna television system'' or ''CATV system'', a facility as defined by federal law at 47 USC section 522 (7). ''CATV operator'' or ''Operator'', a person operating a CATV system. ''Department'', the department of telecommunications and cable established by chapter 25C. ''Division'', the division of community antenna television. ''Issuing authority'', the city manager of a city have a plan D or E charter, the mayor of any other city, or the board of selectmen of a town. ''Licensee'', a person who is issued a license pursuant to section 3. ''Area or areas to be served'', may include a municipality or a portion of a municipality in order to reflect within municipal boundaries, the various economic, cultural, geographic and community interests of the citizens residing therein.

M.G.L. c. 166A, § 2 Division of community antenna television

c. 166A, § 2. Division of community antenna television Section 2. There shall be within the department of telecommunications and cable a division of community antenna television. Subject to section 4 of chapter 25C, the commissioner of the department shall have all the powers and duties under this chapter including, but not limited to: presiding at hearings pursuant to section 2A; maintaining or intervening in an action pursuant to section 12; hearing appeals and issuing enforcement orders pursuant to section 14; regulating rates pursuant to section 15; adopting regulations pursuant to section 16; enforcement powers pursuant to section 17; and all other authority to carry out the duties and responsibilities of this chapter. Except as otherwise provided in this chapter, appeals taken from the orders of the department shall be taken in the same manner and according to the same procedure for the department of public utilities established in section 5 of chapter 25. As of December 31, 2001, and annually thereafter, the department shall report to the general court concerning the appeals that came before the division for that particular calendar year. The report shall detail the nature of each appeal and its outcome. Each annual report shall be filed with the clerks of the senate and house of representatives who shall forward the same to the joint committee on energy and the house and senate committees on ways and means. The report shall be made available to the public by the department.

M.G.L. c. 166A, § 2A Commissioner; powers and duties; employees

c. 166A, § 2A. Commissioner; powers and duties; employees Section 2A. The commissioner shall preside at all hearings except as hereinafter provided. The consumer's council shall have the authority to represent the people of the commonwealth in all such hearings and shall be deemed an aggrieved party for the purposes of judicial or administrative review of any decision or ruling in such proceedings. Matters other than those of formal or administrative character may be heard, examined and investigated by an employee of the department designated and assigned thereto by the commissioner. Such employee shall make a report in writing on every such matter to the commissioner for the commissioner's decision thereon. For the purposes of hearing, examining and investigating any such matter such employee shall have all of the powers conferred upon a commissioner by section seventeen, and all pertinent provisions of said section shall apply to such proceedings.

M.G.L. c. 166A, § 3 Licenses for construction or operation of systems, necessity, non-exclusiveness, contents

c. 166A, § 3. Licenses for construction or operation of systems, necessity, non-exclusiveness, contents Section 3. No person shall construct, commence construction, or operate a CATV system in any city or town by means of wires and cables of its own or of any other person, without first obtaining as herein provided a written license from each city or town in which such wires or cables are installed or are to be installed, a copy of which shall be forwarded to the division. Such license must be non-exclusive. Each such license shall contain the following provisions:— (a) The area or areas to be served; (b) The completion date of the installation of all equipment, wires and cables necessary to serve the named area or areas; (c) The date service shall be available to the named area or areas; (d) The term of the license, which shall not be more than fifteen years; and (e) Such other terms and conditions as have been authorized by the division.

M.G.L. c. 166A, § 4 License applications, necessity, form, contents, signatures, disclosure of ownership; additional service areas, addition to license

c. 166A, § 4. License applications, necessity, form, contents, signatures, disclosure of ownership; additional service areas, addition to license Section 4. No such license or renewal thereof shall be issued except upon written application to the appropriate issuing authority on an application form prescribed by the department. Such form shall contain such information as the division may prescribe as to the citizenship and character of the applicant, and the financial, technical and other qualifications of the applicant to operate the system; complete information as to its principals and ultimate beneficial owners, including, in the case of corporations, all stockholders, both nominal and beneficial, owning one per cent or more of the issued and outstanding stock, and, in the case of unincorporated associations, all members and ultimate beneficial owners, however designated; complete information on the extent and quality of service, number of channels, hours of operation, variety of programs, local coverage, safety measures, installation and subscription fees; and such other information as the division may deem appropriate or necessary. Such application shall be signed by the applicant or by a duly authorized representative, evidence of whose authority shall be submitted with the application. Each applicant shall make full disclosure of the true ownership of the applicant and of the equipment to be employed in rendering service and of the source of funds for the purchase, lease, rental and installation of such equipment. Each applicant shall set forth as completely as possible the equipment to be employed, the routes of the wires and cables, the area or areas to be served, the approximate starting and completion dates of construction of the system and the date service will actually be available to the areas named. Additional areas to be served may be added by amendment to the license from time to time pursuant to regulations promulgated by the division.

M.G.L. c. 166A, § 5 Conditions imposed on licensee

c. 166A, § 5. Conditions imposed on licensee Section 5. In the event a license is issued, each licensee shall agree to the following: (a) In installing, operating, and maintaining equipment, cable and wires, it shall avoid all unnecessary damage and injury to trees, structures, and improvements in and along the routes authorized by the issuing authority. (b) It shall indemnify and hold the city or town harmless at all times during the term of the license from any and all claims for injury and damage to persons or property, both real and personal, caused by the installation, operation, or maintenance of any structure, equipment, wire or cable authorized to be installed pursuant to the license. Upon receipt of notice in writing from the issuing authority it shall at its own expense defend any action or proceeding against the city or town in which it is claimed that personal injury or property damage was caused by activities of the licensee in the installation, operation, or maintenance of its system. (c) It shall carry insurance in companies satisfactory to the issuing authority indemnifying the city or town and itself from and against any and all claims for injury or damage to persons or property, both real and personal, caused by the construction, installation, operation, or maintenance of any structure, equipment, wires or cables authorized or used pursuant to the license. The amount of such insurance against liability for damage to property shall not be less than two hundred thousand dollars as to any one accident. The amount of such insurance for liability for injury or death to persons shall not be less than one hundred thousand dollars on account of injury to or death of any one person and three hundred thousand dollars on account of injury to or death of any number of persons in any one accident. (d) It shall not engage directly or indirectly in the business of selling or repairing television or radio sets. (e) It shall provide a cable drop and an outlet along its cable routes at no cost to public schools, police and fire stations, public libraries, and other public buildings designated in writing by the issuing authority. (f) Upon termination of the period of the license or of any renewal thereof by passage of time or otherwise, it shall remove its supporting structures, poles, transmission and distribution systems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, highways, and other public places in, over, under or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six months of such termination, the issuing authority may deem any property not removed as having been abandoned. (g) Whenever it takes up or disturbs any pavement, sidewalk or other improvement of any public way or public place, the same shall be replaced and the surface restored in as good condition as before entry as soon as practicable. If the licensee fails to make such restoration within a reasonable time, the issuing authority may fix a reasonable time for such restoration and repairs and shall notify the licensee in writing of the restoration and repairs required and the time fixed for performance thereof. Upon failure of the licensee to comply within the time specified, the issuing authority may cause proper restoration and repairs to be made and the expense of such work shall be paid by the licensee upon demand by the issuing authority. (h) It shall not remove any television antenna of any subscriber but shall, at cost, offer to him and maintain an adequate switching device to allow the subscriber to choose between cable and noncable reception. (i) Whenever it transposes any television signal from the channel on which it was originally broadcast so that it is received on a different channel on the receiving sets of subscribers, it shall at least one month prior to such transposition notify its subscribers in writing of such transposition and provide them with a marker suitable for mounting on television receivers indicating the fact of such transposition. (j) If it permits any person who is a legally qualified candidate for any public office to employ the facilities of its system or originate and disseminate political campaign material, it shall afford equal opportunities to all other such candidates for the same office to use such facilities to originate and disseminate any views concerning a controversial issue of public importance, and shall afford reasonable opportunity for the presentation over its facilities of contrary points of view. The division shall be guided by and its decisions shall be consistent with those of the Federal Communications Commission under similar provisions of the Communications Act of 1934, as amended, and of policies established by the Federal Communications Commission. (k) Before commencing construction it shall submit to the issuing authority a bond, with corporate surety satisfactory to such authority. The conditions and terms of said bond shall be: (1) the satisfactory completion of installation and operation of the system in accordance with the provisions of subsections (a), (m) and (n); (2) the indemnity of the city or town in accordance with the provisions of subsection (b); (3) the satisfactory removal of its system in accordance with the provisions of subsection (f); (4) the satisfactory restoration of pavements, sidewalks, and other improvements in accordance with the provisions of subsection (g). (l) In the event its service to any subscriber is interrupted for twenty-four or more consecutive hours, it will grant such subscriber a pro rata credit or rebate. (m) The area or areas to be served as set out in the license according to subsection (a) of section three shall annually be wired and provided service in not less than ten per cent of the area or areas specified until said service is complete and available in said area or areas in compliance with the provisions of subsection (n). (n) The completion of construction within six years after the license is granted under the provisions of this chapter. (o) The maintenance of local offices or local telephone connections in the communities served.

M.G.L. c. 166A, § 6 Hearing, notice; multiple applicants, choice, grounds, statement of reasons

c. 166A, § 6. Hearing, notice; multiple applicants, choice, grounds, statement of reasons Section 6. No license issued under section three shall be granted until the issuing authority has held a public hearing thereon, first causing notice of the time and place of such hearing and of the subject matter sufficient for identification, to be published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication being not less than fourteen days before the day of such hearing, or if there is no such newspaper in such city or town then by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing. In the event more than one application is filed in any city or town, the issuing authority shall choose that applicant or those applicants which in its opinion will best serve the public interest. The issuing authority shall issue a public statement in writing containing the reasons for its acceptance or rejection of any or all applications.

M.G.L. c. 166A, § 7 License transfers or assignments; approval

c. 166A, § 7. License transfers or assignments; approval Section 7. No license or control thereof shall be transferred or assigned without the prior written consent of the issuing authority, which consent shall not be arbitrarily or unreasonably withheld. Such consent shall be given only after a hearing upon a written application therefor on forms to be prescribed by the department. The application for consent to a transfer or assignment shall be signed by the licensee and by the proposed transferee or assignee or by their representatives, evidence of whose authority shall be submitted with the application. The consent of an issuing authority to a transfer or assignment of a license for an unconstructed CATV system shall not be given if the consideration being paid in the proposed transaction includes a substantial payment for the license.

M.G.L. c. 166A, § 8 Installation and maintenance of system, standards; financial and ownership statements, requirements, public inspection

c. 166A, § 8. Installation and maintenance of system, standards; financial and ownership statements, requirements, public inspection Section 8. Each licensee shall install its CATV system and maintain the quality of the signals transmitted over its system to its subscribers in accordance with standards to be prescribed by the Federal Communications Commission and the department. Each licensee shall file annually with the department on forms prescribed by the department, a statement of its revenues and expenses for official use only. In addition, each such licensee shall file with the department and the issuing authority on forms prescribed by the department, a financial balance sheet and statement of ownership which shall be open to public inspection. Such statements and balance sheet shall be sworn to by the person preparing such forms and by the owner, or if the owner is a corporation, by the treasurer of the corporation.

M.G.L. c. 166A, § 9 Application fees; initial licenses, renewals, transfers or assignments; annual license fees

c. 166A, § 9. Application fees; initial licenses, renewals, transfers or assignments; annual license fees Section 9. No application for a license to operate a CATV system or for renewal, transfer or assignment of such a license shall be considered by an issuing authority unless it is accompanied by an application fee of one hundred dollars payable to the city or town. A licensee, serving more than two hundred and fifty subscribers, shall on or before March fifteenth of each year, pay to the commonwealth a license fee equal to eighty cents per subscriber served and to the issuing authority a license fee equal to fifty cents per subscriber served. In determining a license fee, the number of subscribers served shall be measured as of December thirty-first of the preceding calendar year.

M.G.L. c. 166A, § 10 Complaints as to operation of system, procedure; licensees' reports as to complaints received and disposition

c. 166A, § 10. Complaints as to operation of system, procedure; licensees' reports as to complaints received and disposition Section 10. Complaints by any person as to the operation of any CATV system may be filed in writing with the department or with the issuing authority, each of which shall within ten days forward copies of such complaints to the other. The issuing authority and the department shall be notified by the licensee on forms to be prescribed by the department not less than annually, of the complaints of subscribers received during the reporting period and the manner in which they have been met, including the time required to make any necessary repairs or adjustments.

M.G.L. c. 166A, § 11 Revocation of license; grounds

c. 166A, § 11. Revocation of license; grounds Section 11. Any license issued hereunder may after hearing be revoked by the issuing authority or the department for any of the following reasons:— (a) for false or misleading statements in, or material omissions from any application submitted under section four, five, or any annual return under section eight; (b) for failure to file and maintain a bond as required under subsection (k) of section five or to maintain insurance as required under subsection (c) of said section; (c) for repeated violations, as determined by the department, of commitments of a licensee set forth in subsection (j) of section five; (d) for repeated failure, as determined by the department, to maintain signal quality under the standards provided for in section sixteen; (e) for any transfer or assignment of a license or control thereof without consent in violation of section seven; (f) for repeated violations of other obligations of the licensee set forth in section five, except subsection (j), or of the terms of its license; (g) for failure to complete construction in accordance with the provisions of subsection (n) of section five.

M.G.L. c. 166A, § 12 Mandamus, injunctive, or other judicial proceedings; institution or intervention by department

c. 166A, § 12. Mandamus, injunctive, or other judicial proceedings; institution or intervention by department Section 12. The department shall have the right to institute, or to intervene as a party in, any action in any court of competent jurisdiction seeking mandamus, injunctive or other relief to compel compliance with any provision of this chapter or any rule, regulation or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith.

M.G.L. c. 166A, § 13 Renewal of licenses; forms; requisite information

c. 166A, § 13. Renewal of licenses; forms; requisite information Section 13. Any license issued hereunder may be renewed after hearing by the issuing authority for additional periods each not to exceed ten years. An application for renewal shall be on forms to be prescribed by the department. Such forms shall set forth such facts as the department may prescribe as to the citizenship and character of the applicant for renewal, and its financial, technical, and other qualifications to operate the system, and complete information as to its principals and ultimate beneficial owners, including in the case of corporations, all stockholders both nominal and beneficial owning one per cent or more of the issued and outstanding stock, and in the case of unincorporated associations, all members and ultimate beneficial owners however designated, in order that the applicant for renewal shall make full disclosure as to its true ownership and as to the source of funds to be used for operation of the system.

M.G.L. c. 166A, § 14 Appeals by aggrieved applicants

c. 166A, § 14. Appeals by aggrieved applicants Section 14. Any applicant for a license or renewal of a license who is aggrieved by a denial of its application by the issuing authority or by its failure to act within the period of sixty days, or any licensee who is aggrieved by the action of an issuing authority in modifying, suspending, cancelling, revoking, declaring a license forfeited, denying consent to the transfer or assignment of a license or control thereof, or by the issuing authority's failure to act within the period of sixty days may appeal therefrom to the department within thirty days following notice of such action or within thirty days following the expiration of a sixty day period of inaction, by a petition in writing, setting forth all material facts in the case. The department shall hold a hearing upon each such appeal, requiring due notice to be given to all interested parties. If the department approves the action of the issuing authority it shall issue notice to them to that effect, but if the department disapproves of their action it shall issue a decision in writing advising said issuing authority of the reasons for its decision and ordering the issuing authority to conform with such decision. The department shall not, in any event, order a license to be issued until the application for said license has been granted by the issuing authority. Upon the petition of ten per cent of the subscribers who are taxpayers of the city or town in which a license has been granted by such authority or who are registered voters in the voting precinct or district in the area or areas to be served as set out in the license, or the consumers' council, or upon its own initiative, the department may investigate the granting, renewal, transfer or assignment of such a license or the conduct of the business being done thereunder, and may, after a hearing, modify, suspend, revoke or cancel such license for cause. If the issuing authority fails to suspend, revoke, cancel or declare forfeited a license or to perform any other disciplinary act when lawfully ordered so to do by the department upon appeal or otherwise, within such reasonable time as it may prescribe, the department may itself revoke such license or perform such act, with the same force and effect as if issued or performed by the issuing authority, but no license shall be issued by the department except in ratification of a prior issuance to the same party by the issuing authority.

M.G.L. c. 166A, § 15 Rate regulation

c. 166A, § 15. Rate regulation Section 15. For a period of three years from the effective date of this chapter, the department shall study the necessity and desirability of rate regulation, and thereafter it may, upon its own motion or upon request of any issuing authority or licensee, after due hearing and investigation, fix and establish, for each community antenna television system in the commonwealth, a fair and reasonable rate of return from subscription rates charged to subscribers, said rates to be adequate, just, reasonable and non-discriminatory. Notwithstanding any other provision of this paragraph, the department may, after due hearing and investigation, suspend regulation of rates and charges in any cable television system upon a finding that adequate competitive alternatives exist to the provision of services offered by cable television systems. In the event of such a suspension, the department shall, by oversight and surveillance, review periodically any facts or standards employed in determining the presence of said competition. The department shall cause notice of the time and place of every such hearing to be published in at least one newspaper of general circulation in the municipality or service area affected. Such notice and schedule shall be in such form as the department may deem expedient. The department may make, and, at any time, alter or amend, reasonable rules and regulations to facilitate the operation of this section and enforce the application of the rates fixed and established by them, may conduct hearings and investigations under this section, and may at any time require any company to file with them such data, statistics, schedules, or information as they may deem proper or necessary to enable them to fix and establish or secure and maintain fair and reasonable rates. They may issue such orders as they find proper, expedient or necessary to enforce and administer the provisions of this section, to secure compliance with any rules or regulations made thereunder, and to enforce adherence to the rates fixed and established by them. The superior court for the county of Suffolk shall have jurisdiction in equity upon the petition of the department and after a summary hearing, to enforce all lawful orders of the department. Memoranda of all actions, orders, findings, and decisions of the department shall be signed by them and filed in their office as public records open to public inspection.

M.G.L. c. 166A, § 16 Issuance of standards and regulations; mediation between cities and towns; representation before F.C.C.; certification of performance; distribution of obscene material

c. 166A, § 16. Issuance of standards and regulations; mediation between cities and towns; representation before F.C.C.; certification of performance; distribution of obscene material Section 16. The department may after hearing issue such standards and regulations as it deems appropriate to carry out the purpose of this chapter for which purpose it may employ such expert assistants as it deems necessary. The department shall have the authority to mediate between cities and towns and after appropriate notice and hearing to make a final decision, in the event of conflict in the exercise of jurisdiction to authorize or regulate CATV systems. The department shall also represent the interests of the citizens of the commonwealth before the Federal Communications Commission and shall certify the performance of the CATV operators under its jurisdiction to appropriate federal, state and local authorities. Except as set forth in section three, nothing in this chapter shall prohibit a city or town from prohibiting the distribution on basic service of material, which is obscene as defined in section thirty-one of chapter two hundred and seventy-two, by the licensee to subscribers of said city or town.

M.G.L. c. 166A, § 17 Visitation, examination, subpoena, and oath administering powers of department

c. 166A, § 17. Visitation, examination, subpoena, and oath administering powers of department Section 17. The department or its employees may visit the places of business and other premises and examine the records and facilities of all CATV companies to ascertain if all rules and regulations and orders of the department have been complied with, and any cases of non-compliance shall be reported by it to the issuing authority. The department shall also have the power to issue subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter over which it has jurisdiction, control or supervision. The department shall have the power to administer oaths and affirmations to persons whose testimony is required.

M.G.L. c. 166A, § 18 Violations, penalties

c. 166A, § 18. Violations, penalties Section 18. Any person or the officer, agent, or employee of any organization who willfully violates any provision of this chapter or of any rule, regulation, or order adopted thereunder, or who willfully procures, aids, or abets any violation of such a provision shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars or by imprisonment in a jail or house of correction for not more than six months, or by both such fine and imprisonment.

M.G.L. c. 166A, § 19 Hearings, applicability of administrative procedure act; public hearings

c. 166A, § 19. Hearings, applicability of administrative procedure act; public hearings Section 19. The hearing provided for in sections eleven, fourteen, fifteen and sixteen shall be subject to the provisions of chapter thirty A. No other hearing provided for or required by any section of this chapter shall be subject to chapter thirty A but all such hearings shall be public.

M.G.L. c. 166A, § 20 Systems constructed, purchased, and operated by cities and towns, applicability of chapter

c. 166A, § 20. Systems constructed, purchased, and operated by cities and towns, applicability of chapter Section 20. Any city or town may construct, purchase and operate a CATV system, but such operation shall be subject to this chapter as if the system were privately owned and operated.

M.G.L. c. 166A, § 21 Repealed, 1983, 98, Sec. 3

M.G.L. c. 166A, § 22 Interference with rights of building occupants served by system; installation; consent of property owners; multiple dwelling units, manufactured housing communities

c. 166A, § 22. Interference with rights of building occupants served by system; installation; consent of property owners; multiple dwelling units, manufactured housing communities Section 22. No operator shall enter into any agreement with persons owning, leasing, controlling or managing buildings served by a CATV system, or perform any act, that would directly or indirectly diminish or interfere with existing rights of any tenant or other occupant of such a building to the use of master or individual antenna equipment. An operator who affixes, or causes to be affixed, CATV system facilities to the dwelling of a tenant shall do so at no cost to the landlord of such dwelling, shall indemnify the landlord of such dwelling for any damage arising out of such actions, and shall not interfere with the safety, functioning, appearance or use of such dwelling. The consent required by section thirty-five of chapter one hundred and sixty-six shall be deemed to have been granted to an operator upon his delivery to the owner or lawful agent of the owner of property upon which he proposes to affix CATV system facilities of a copy of this section and a signed statement that he agrees to be bound by the terms of this section. An owner of property, or his lawful agent, may sue in contract to enforce the provisions of an operator's agreement under this section. No person owning, leasing, controlling or managing a multiple dwelling unit or units or a manufactured housing community, as defined in section thirty-two F of chapter one hundred and forty served by a CATV system shall discriminate in rental or other charges between tenants or manufactured home owners or occupants who subscribe to such CATV services, and those who do not; provided, however, that the owner of such real estate may require reasonable compensation in exchange for permitting the installation of CATV system equipment within and upon such real estate, to be paid by an operator, and any such taking and compensation shall be determined in accordance with the provisions of chapter seventy-nine. No person owning, leasing, controlling or managing a multiple dwelling unit or units, or a manufactured housing community, as defined in section thirty-two F of chapter one hundred and forty, shall prohibit or otherwise prevent an operator from entering such buildings or manufactured homes for the purpose of constructing, installing or servicing CATV system facilities if one or more tenants or occupants of a multiple dwelling unit or units, or one or more owners or occupants of a manufactured home or homes, have requested such CATV services. A cable television operator shall not make an installation in an individual dwelling unit or manufactured home unless permission has been given by the tenant occupying such unit or the owner or occupant of such manufactured home. An owner whose property is injuriously affected or diminished in value by occupation of the ground or air or otherwise by such construction of CATV system facilities may recover damages therefor from the operator pursuant to chapter seventy-nine. The right of an operator to construct, install or repair CATV system facilities and to maintain CATV services shall not be delayed or impaired by the assertion of a specific claim, or the initiation of legal action to enforce such claim. The superior court shall have exclusive original jurisdiction of all actions seeking injunctive relief to permit the construction, installation or repair of CATV system facilities. A cable television operator shall indemnify the landlord for any damage caused by the installation, operation or removal of cable television facilities. An owner of property may require that the installation of cable television facilities conform to such reasonable conditions as are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter166AFetched: 10/20/2026