BOMA Position
Telecommunications legislation and regulation at the federal, state, and local levels must preserve the viability of a free and effective marketplace that respects private property. Forced building entry privileges for telecommunications service providers (TSPs) are unnecessary, unmanageable, and unconstitutional. BOMA International is strongly opposed to any such initiatives.
Background
In this era of deregulated telecommunications services, some TSPs, rather than marketing their services to building owners and tenants, are seeking government mandates to use others’ private property for their own economic benefit. These interests are asking legislators and regulators to ignore the valid concerns of property owners and tenants by mandating forced building entry.
Mandatory access does not aid building tenants and undermines a successfully working marketplace. BOMA members recognize that pleasing occupants by providing a wide array of choice is our best means of retaining those tenants. Currently, 80% of buildings have two or more TSPs providing service and almost 60% offer access to three or more providers. Moreover, building owners and managers are willing to meet tenants’ requests for specific providers.
State-level forced access attempts plagued the commercial real estate industry in 2005. Legislation and/or proposed legislation appeared in Arizona, Florida, Mississippi, New Mexico, North Carolina and South Carolina.
Compared to previous years, 2006 was a slow year in terms of the introduction of forced access legislation in the states. Three states specifically addressed forced access in 2006. Due to the efforts of BOMA Arizona, the state passed favorable access legislation prohibiting the state from mandating telecommunications access to commercial buildings. However, real estate suffered a loss with the passage of mandatory access legislation in Indiana. The new law prohibits property owners from entering into preferred provider contracts with communications service providers. Rhode Island adopted legislation expanding access to multiple dwelling units for franchised cable operators. While the bill does not directly impact commercial properties, there is potential for similar legislation to appear in 2007.
During its session, Florida passed Carrier of Last Resort (COLR) legislation that does not create mandatory access, but does relieve a COLR from its obligation to serve a community, building or development where the COLR and developer cannot reach an accord on an access agreement. It further frees a COLR from access obligations and provides them with an advantageous position in access negotiations. The real estate community opposes any expansion of COLR relief as the telecommunications marketplace is clearly working. BOMA/Florida mounted a concerted effort to defeat the bill and has now turned its attention to the state’s Public Service Commission to seek remedy.
In Congress, major telecommunications legislation was considered during the Second Session of the 109th Congress. While a bill overhauling the nation’s telecom laws was able to make it out of the House, it was unable to pass the Senate. This effort will resurface in the 110th Congress.
Action Requested
Real estate professionals have the right to voluntarily ban smoking in their buildings and may also support legislation banning secondhand smoke in buildings. Local BOMA associations are encouraged to support smoking bans proposed by individual states, provinces or municipalities.