Telecommunications - Forced Entry
The Building Owners and Managers Association (BOMA) International believes that 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. Legislation that addresses building entry privileges of telecommunications service providers must safeguard building owners’ rights of refusal.
Currently, 80% of building owners offer two or more telecommunications service providers to their tenants and almost 60% offer three or more providers. BOMA members recognize that providing a wide array of choice is the best means of retaining tenants, especially in commercial office space where network reliability is paramount.
FCC law prohibits telecommunication service providers from entering into exclusive contracts with commercial building owners, including contracts that effectively restrict competition. Building owners, however, are under no such legal obligation. It should entirely be up to their discretion to make decisions on what services to allow on their property based on their building and the needs of their tenants.
Some telecommunications providers want legislation that forces building owners to allow access to multiple telecommunications providers. This prevents building owners from having ultimate say in which vendors conduct business on their private property.
BOMA is amenable to legislation that makes it easier for telecommunication service providers to gain access inside buildings as long as building owners retain the right to refuse service. This best serves the interests of tenants, the owners and a competitive marketplace for telecommunications service providers.