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