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Arizona Telecommunications & Information Council (ATIC)
Multitenant Building Telecommunications Access Study
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State Regulatory Precedents and Trends

Summary of State Legislative and Regulatory Actions Affecting Multitenant Building Access

Summary of State Legislative and Regulatory Actions Affecting Multitenant Building Access
Jurisdiction Legislative
or
PUC Action
Description Status
Arizona HB 2634 Sec. F (2000) Equal legal and physical access to the property at same cost as existing providers Current AZ session; ATIC recommends this or similar legislation
ACC Orders (09/1999)
(T-01051B-99-0272 &
T-01051B-00-99-0430)
Second order declines to preclude exclusionary agreements between property owners and US WEST, while still affirming the importance of consumer choice ATIC recommends ACC reconsider and act to preclude exclusionary agreements
Tariff Filing US West filed a building access tariff to waive construction fees for entry into new buildings. ATIC sponsors a building access study.
 
California R.95-04-043,
I.95-04-044
If ILECs have vacant space in entrance facilities for commercial buildings, it must be made available to CLECs, Carriers will not be allowed to enter into agreements with building owners that restrict other carriers' access, building owners retain their rights to supervise and coordinate on premise activity, but cannot abuse their discretion by discriminating against carriers requesting ROW access  
AB 651 Legislature is considering whether to confirm the CPUC's authority to impose telecommunications access rules on building owners by requiring non-discriminatory access. Pending house bill
  Legislation prevents public utilities from entering into exclusivity contracts with building owners or managers limiting the rights of other utilities to serve tenants. Enacted
 
Connecticut C.G.S.A. §16-2471,
16-333a
Owners of multiunit buildings must allow wiring for telecom services provided: 1) tenant requests such services; 2) cost assumed by provider; 3) telecom provider indemnifies and holds harmless rules and regs of PUC pertaining to wiring; 4) telecom provider complies with rules and regs of Department of Public Utility Control pertaining to such wiring. Contracts are between the tenants and TCPs. There are no current dockets open at this time.
 
District
of
Columbia
D.C. Code
Title 43
Chapter 18
@ 43-1844.1
Landlord can not charge tenant for TCP services or discriminate in rental charges for tenants with TCP services versus those without; can not charge TCP any fees except by approval of written request to government. TCP can't enter into agreement with owner. Landlord can not interfere with the installation of cable television facilities on property, but may require TCP facilities to conform with reasonable guidelines and may require TCP and/or tenant to bear the costs and be indemnified against damages.  
 
Jurisdiction Legislative
or
PUC Action
Description Status
Florida Report on
Access by
Telecommunications
Companies to
Customers in
Multitenant
Environments

by Florida Public
Service
Commission (PSC),
February 1999
to Legislature
Report recommends 1) tenants, landlords and telecom providers should try to negotiate access when tenants request services; 2) landlords may charge tenant or utility reasonable, nondiscriminatory costs of installation, easement, etc relating to providing service; 3) tenants are responsible for necessary easements; 4) landlords may impose conditions for security, safety and aesthetics; 5) landlords may not deny access to space or conduit previously dedicated to public facilities needed for access; 6) landlords may not deny access where space or conduit required for installation is not sufficient to accommodate the request or where the installation would harm the aesthetics of the building; and 7) landlords may not charge a fee solely for the privilege of providing telecom services in a multitenant environment.

PUC has noted that it would be the appropriate authority to deal with building access issues.

FL H.B. 1135 Provides telecom services access to multi-tenant environments

718.1232 Residents shall not be denied access to TCPs; can not be required to pay anything of value to acquire services except charges normally paid for like services within the same area and except for installation charges as may be agreed upon between resident and TCP. Legislative initiative
 
Illinois Illinois Commerce Commission Docket 98-0397 Investigation of rates, terms and conditions for pole attachments, duct and conduit space, and rights of way are being considered. Status hearing on Docket in March 2000.
Public Act 90-573
(1997 Regular Session)
Landlord can not forbid or prevent tenants from receiving cable television services from any TCP; can not demand or accept payment from tenant as condition of installing, maintaining or operating TCP services; can not discriminate in charges for tenants with services versus tenants without. If more than 3 tenants request service, a cable TV antenna & facilities may be installed by TCP throughout property to provide for all tenants without adding new cable facilities except within units occupied by requestees.  
 
Kansas Chapter 58
Article 25
K.S.A.
@ 58-2553
The landlord shall not interfere with or refuse to allow access or service to a tenant by a communication or cable television service duly franchised by a municipality.  
 
Maine Title 14
Part 7
Chapter 710-B
14 M.R.S.
@ 6041 (1997)
Owner may refuse TCP installation for "good causes" only. If no written consent is given by owner, TCP may still provide service if it meets requirements. Owner may not discriminate against tenants with or without service, can not demand or accept payment for services from tenants. TCP must indemnify owner against damages; shall not interfere with rules of owner dealing with day-to-day operations of property; shall not enter into agreement with owner.  
 
Jurisdiction Legislative
or
PUC Action
Description Status
Massachusetts Title 940
Chapter 10.00
940
CMR
10.05
Owner shall not discriminate against tenants with service or without; may require compensation from TCP; can not prevent TCP from access to property if one or more tenants requests service; and may require reasonable conditions upon TCP to protect appearance function and safety of property. TCP can not enter agreement with owner; can not interfere with existing rights of tenants; shall not charge owner for installation; shall indemnify owner against damages; shall not interfere with the appearance, function, safety or use of property; and can not install without request of tenant. Superior court has exclusive original jurisdiction of all actions seeking injunctive relief to permit the construction, installation or repair of competitive telecom systems facilities.  
 
Minnesota Chapter 237 Minn. Stat. @ 237.68 (1997) Owner shall establish a single demarcation point for all utilities; is not precluded from entering into agreement for use of master antenna TV system by a TCP; may require TCP to provide plans for installation and post bond for cost of installation; may require TCP with written advance notice to relocate facilities at TCP's cost for rehabilitation, redecoration or maintenance of property. TCP is only responsible for providing services up to demarcation point and must conform to reasonable conditions and comply with applicable codes; must indemnify owner against damages; will compensate owner for any depreciation of property value. First installer must allow access to equipment to alternate TCPs and will be reimbursed by them for use of their equipment.  
 
Nevada Title 58 Chapter 711 Nev. Rev. Stat. Ann. @ 711.255 (1997) Landlord will not interfere with receipt of service by tenant; will not discriminate against tenants with or without services; demand or accept payment or charge fees for services. CTP must provide owner with 30 days' written notice of intent to provide service. Landlord may take reasonable steps to ensure appearance, function and safety of property and people upon property; is entitled to compensation for reasonable expenses incurred; may require CTP to bear all costs; and be indemnified against damages.  
 
New Jersey Title 48 Chapter 5A NJ Stat. Ann. @ 711.255 (1997) Owner may not prevent tenants from receiving cable television; may not demand payment in any form as a condition of receiving services; may not discriminate against tenants with or without services; may require all installation to conform to appearance, function, safety and value of property. CTP indemnifies owner against damages.  
 
Jurisdiction Legislative
or
PUC Action
Description Status
New York Chapter 70 Sec. 228 Owner may not interfere with installation of services on premises, but may require that installation conform to reasonable conditions; may require CTP and/or tenant to pay for installation; requires CTP to indemnify owner against damages; Owner may not demand or accept payment for services; may not discriminate against tenants with or without services; and may not enter into agreement with CTP.  
 
North Dakota PSC determination Western Wireless Corp. will be eligible to receive federal universal service funds if it competes with U S WEST for local exchange service customers. The PUC did not determine whether the company would be eligible to receive support if it were to compete with rural telephone cooperatives. December 16, 1999
 
Ohio Case No. 98-328-TP-CSS At the OPUC, company filed complaint against Ameritech regarding its access policy to inside wires. Specifically, ICG argues that Ameritech requires that carriers submit a BFR for access to inside wire in a multi-tenant, multistory building. According to Ameritech inside wire can only be access pursuant to an interconnection agreement as a sub-loop element.  
Section 4905.31 (E) Revised Code; and Case No. 95-845-TP-COI Inside Wire decision Hearings have been delayed indefinitely pending settlement discussions.
 
Pennsylvania Title 68 Chapter 8 68P.S. @ 250.502-B, .503-B, .504-B, .505-B, .506-B, .508-B, .509-B and .510-B (1997) Landlord may not discriminate against tenants with or without services; may require reasonable compensation for permanent loss of property inflicted as a result of installation of services; may not prevent tenant from having TCP of their choice; may not prevent TCP from access to property; may not provide services without request from tenant; may require TCP to conform to reasonable restrictions to preserve appearance, function and safety of property; may provide tenants alternative TCP services provided none of the other regulations are violated. Tenant has right to request and receive services from landlord. TCP retains rights and ownership of all wiring and equipment installed; must notify landlord in writing of intent to provide requested service to tenant, providing proposal of work to be performed, including offer of compensation for loss in value of property and statement that TCP is responsible for damages incurred during installation, all of which landlord must approve.  
 
Jurisdiction Legislative
or
PUC Action
Description Status
Rhode Island Title 39 Chapter 19 RI Gen. Laws @ 39-19-10 (1997) TCP can not charge landlord for installation; must indemnify landlord against damages incurred; may not interfere with the appearance, function, safety or use of property; may not enter into agreement with landlord on behalf of tenants; must have consent of owner to affix facilities; must present plans and specifications prior to installation; must inspect property with owner after installation; is responsible for maintenance of services and equipment; shall be entitled to reasonable access to property; shall provide upon request to owner a certificate of insurance covering all TCP employees on property. Owner is entitled to compensation for installation and damages; can contract TCP for additional work besides tenant-requested installation; may not discriminate against tenants with service or without.  
 
Texas Texas Utilities Code § 54.259 and 54.260, .261 (1998) Gives CLECs the right to install facilities on private property when tenants request their services, but allows building owners to restrict access under certain circumstances such as demonstrated space constraints, charge reasonable compensation, and be indemnified from costs. Texas PUC is authorized to enforce the statute. Texas PUC initiated Project 21400 for the purpose of developing rules on building access and held a workshop on October 26, 1999. Staff proposals and additional workshops pending.
 
Washington WUTC Ruling Building owners that preclude entry to competitive telecom providers are deemed to be a telecom provider themselves, subject to regulation.  
WUTC Denies Petition Petition denied to adopt rule on "fresh look" for customers with long-term contracts but indicates that if there are specific instances in which long-term contracts are being used in discriminatory or anti-competitive ways, those contracts should be brought before it. Petition denied 11/15/99
 
West Virginia Chapter 5 Article 18A-2 through 18A-11 Tenants' Rights to Cable Services - Landlord may not interfere with installation, maintenance, operation or removal of services from property; may require installation to conform to reasonable conditions; may require TCP and/or tenant to bear costs; will be indemnified against damages incurred; may not demand or accept payment from tenants for allowing services; may not discriminate against tenants with or without services; may not enter into agreement with TCP on behalf of tenants; may not demand or accept compensation from TCPs except for just compensation or for damages. TCP retains all rights and ownership of services and equipment installed; has reasonable access to property to provide services with written notice to landlord and tenant  
 
Jurisdiction Legislative
or
PUC Action
Description Status
Wisconsin Chapter 66 Wis. Stat. @ 66.085 Owner/landlord may not prevent TCP from providing services to tenant upon request. TCP must consult with owner prior to installation; shall install with minimal effect to aesthetics of property and may not impair public safety; TCP responsible for any required repairs Enacted 12/19/97
 
Wyoming   On December 9, 1999 the Joint Appropriations Committee of the state legislature of Wyoming asked the state Wyoming Public Service Commission and telecommunications industry officials to support legislation to open the state's universal service fund to cellular companies.  
 
Ottawa, Canada Telecom Decision CRTC 99-10,
August 6, 1999
Location of Demarcation Point for Inside Wire in Multi-Dwelling Units and Associated Issues:

Prohibits exclusive telephone service agreements to MDUs; Requires reasonable terms and conditions; Defines demarcation point and requires competitive access to wiring
 
Source: Joel Paisner, Ater Wynne LLP
http://www.aterwynne.com/

with additional material from International Research Center
http://www.researchedge.com/


Regulation of the Other Open Access/Forced Access Issue - ISP over Cable:

As detailed earlier, another Open Access/Forced Access issue rages over competitive ISP's direct access to cable modem customers, in partnership with the cable system operators. The FCC has recently reviewed the situation and declined to take action, preferring to "wait and see" while gauging the impact on consumers and the effect of market forces. So, at this time, the matter is being engaged in primarily at local and state jurisdictional levels. Several municipalities and counties are making this a subject of negotiation as cable television providers' existing video license and franchise agreements come up for renewal or transfer. For this state legislative season, open access bills have already been defeated in New Hampshire, Utah, and Virginia. Similar bills have been also been introduced this session in Illinois, Virginia, Maryland, Delaware, Vermont, Idaho, Kansas, Utah, and New Hampshire. Additionally, a bill introduced last session remains pending in the Michigan Senate.


I envision a broadband oasis, where anybody who wants to compete should be able to do so in an unregulated or a significantly deregulated environment.
 -- William E. Kennard, Chairman of the Federal Communications Commission
 
A powerful global conversation has begun. Through the Internet, people are discovering and inventing new ways to share relevant knowledge with blinding speed. As a direct result, markets are getting smarter, and getting smarter faster than most companies.
 -- From The Cluetrain Manifesto (http://www.cluetrain.com/)
 
Electric circuitry has overthrown the regime of "time" and "space" and pours upon us instantly and continuously the concerns of all other men. We now live in a global village.
 -- Marshall McLuhan, 1967
 
Change is the law of life. And those who look only to the past or present are certain to miss the future.
 -- President John F. Kennedy, 1963



Multitenant Building Telecommunications Access Study
PREVIOUS CONTENTS STATE TRENDS NEXT Appendix 1:
National Resources