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.
In Congress, major telecommunications legislation was considered in 2007 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. During the first session of the 110th Congress, little attention was paid to the same type of broad telecom legislation.
In 2007, the primary federal activity was in the regulatory arena at the Federal Communications Commission (FCC). In the fall, the FCC banned enforcement of "exclusivity clauses" in existing contracts, and banned new contracts from containing such provisions for providers of video service to multi-unit properties, such as condos, coops, apartments. The ban will formally take effect in March 2008.
Action Requested
BOMA needs your help to stop mandatory access. In 2008, we expect to see the majority of legislative and regulatory action at the state level; several states are expected to tackle a number of telecommunications issues in 2008, including forced access, carrier of last resort (COLR) legislation and the impact of voice and data services transmitted through cable wire. We must ensure that our elected representatives and regulators understand that the marketplace is working and that forced access is unnecessary, unmanageable and unconstitutional.