FCC issues order on building access

WASHINGTON - The Federal Communications Commission (FCC) on Thursday issued a four-part order affecting telecommunications carrier's access to multitenant buildings, saying the measures will help advance competition and customer choice.

The order settles for now a longstanding debate between building owners and some of the leading telecommunications companies in the U.S. The companies, who require access to buildings to build fixed wireless and other types of networks, had asked the FCC to require building owners to provide "reasonable and nondiscriminatory" access to rooftops and wiring conduits inside multitenant buildings.

The telecommunications companies criticized building owners who restrict access to rooftops and other parts of their buildings or who sign exclusive deals with a single carrier. The companies accused the owners of denying millions of people an opportunity to take advantage of broadband and wireless capabilities, and they asked the FCC to adopt rules that support nondiscriminatory access.

The FCC's order relies on its authority to regulate telecommunications companies and to foster competition among them, avoiding the more complex question of its authority over building owners.

In a statement, the FCC said its order forbids telecommunications carriers that operate in commercial settings from entering into exclusive contracts with building owners, including contracts that restrict the owners of the buildings from permitting access to other service providers.

The order also establishes procedures to reduce competitive carriers' dependence on the incumbent local exchange carrier (LEC) to gain access to on-premises wiring. This action relates to disputes over the location of the point that marks the end of the LEC's control over wiring and the beginning of the building owner's control.

In addition the order says LECs and utility companies must give telecommunications carriers reasonable and nondiscriminatory access to their conduits and rights-of-way located in multitenant buildings. The FCC also said antennas that receive and transmit telecommunications and other fixed wireless signals cannot be restricted on the property of the owner of the antenna.

Roger Platt, spokesman for the Real Access Alliance, an organization representing building owners, said the FCC order appeared to consist of constructive and reasonable steps to ensure tenants receive the best possible access to competitive telecommunications services.

The order charts a middle ground that recognizes real estate's critical role for ensuring that tenants have access to the types of telecommunications services without infringing on the constitutional rights of private property owners, Platt said in a statement. He added that the FCC was wise to reject the pleadings of some carriers that wanted what Platt said was a full-scale regulatory regime.

The FCC statement said the order might be insufficient to secure a full measure of choice for businesses in multitenant buildings, but it will closely monitor the real estate industry's efforts to develop best practices and model agreements between carriers and building owners. It also sought comment on other proposed rulemaking on other questions stemming from the debate.