§ 104. Fiber-based services. 1. Where a telephone line, as such term\nis defined in subdivision eighteen of section two of this chapter, or a\nportion of a telephone line, has previously been placed by a telephone\ncorporation in or on a building or other property of an owner other than\nthe telephone corporation and remains in place in or on such building or\nother property, the telephone corporation may, without any additional\ncompensation to the owner, replace or supplement the line or portion of\nsuch line with fiber optic facilities for purposes of providing any\ntelephone, broadband, cable or other video service that the telephone\ncorporation or its affiliate may lawfully provide, provided that the\nprovision of such services over those facilities does not result in a\nsignificant increase in the physical size of the facilities placed at\nthose locations.\n 2. If the owner would be entitled to compensation for such replacement\nunder existing law, the owner of the property may seek such compensation\nunder the mechanism and pursuant to the substantive and procedural rules\nutilized by the public service commission for resolving claims for just\ncompensation under section two hundred twenty-eight of this chapter, but\nthe pendency of such proceedings shall not affect the right of the\ntelephone company to make the replacement or supplementation authorized\nby this section.\n 3. A landlord or property owner may require: (a) that the telephone\ncorporation or the tenant or a combination thereof bear the entire cost\nof the installation, operation or removal of such facilities; (b) that\nthe telephone corporation agrees to indemnify the landlord or property\nowner for any damage caused by the installation, operation or removal of\nsuch facilities; and (c) that the installation of the fiber optic\nfacilities conform to such reasonable conditions as are necessary to\nprotect the safety, functioning and appearance of the premises, and the\nconvenience and well-being of other tenants.\n 4. No landlord shall: (a) demand or accept payment from any tenant, in\nany form, in exchange for permitting fiber optic service on or within\nsuch landlord's property or premises; or (b) discriminate in rental\ncharges or otherwise, between tenants who receive fiber optic service\nand those who do not.\n
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