HR 3487 IH

To provide consumers in multitenant buildings with the benefits of competition among providers of telecommunications services by ensuring reasonable and nondiscriminatory access to rooftops of multitenant buildings by competitive telecommunications carriers, and promote the development of fixed wireless, local telephony, and broadband infrastructure, and for other purposes.

November 18, 1999

Mr. OXLEY (for himself, Mr. DAVIS of Virginia, Mr. BOUCHER, Ms. ESHOO, and Mr. STUPAK) introduced the following bill; which was referred to the Committee on Commerce

To provide consumers in multitenant buildings with the benefits of competition among providers of telecommunications services by ensuring reasonable and nondiscriminatory access to rooftops of multitenant buildings by competitive telecommunications carriers, and promote the development of fixed wireless, local telephony, and broadband infrastructure, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Competitive Broadband Telecommunications Rooftop Access Act'.

SEC. 2. ACCESS TO ROOFTOPS OF MULTITENANT BUILDINGS FOR COMPETITIVE TELECOMMUNICATIONS SERVICES.

Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following new section:

`SEC. 338. ACCESS TO ROOFTOPS OF MULTITENANT BUILDINGS FOR COMPETITIVE TELECOMMUNICATIONS SERVICES.

`(a) REQUIREMENT OF OWNERS TO PERMIT ACCESS-

`(1) ACCESS REQUIRED- Within 15 days of a telecommunications carrier request, the owner of an occupied multitenant building shall permit a telecommunications carrier reasonable, standardized, and nondiscriminatory access--

`(A) to install, maintain, and operate--

`(i) telecommunications transmission and reception antennas on top of a multitenant building; and

`(ii) related receiver equipment in mechanical rooms or closets; and

`(B) to vertical and horizontal building risers,

in the manner necessary to provide telecommunications service or information service to a tenant or tenants in the occupied multitenant building.

`(2) NONDISCRIMINATORY CONDITIONS FOR ACCESS- An owner is required to permit a telecommunications carrier access under paragraph (1) only if--

`(A) a tenant in the occupied multitenant building requests services from that telecommunications carrier;

`(B) the cost of the installation of facilities is assumed by such telecommunications carrier;

`(C) the telecommunications carrier agrees to indemnify the owner of the multitenant building for any damages caused by the installation or operation of such facilities and agrees not to hold the owner liable for any such damages;

`(D) the telecommunications carrier agrees to comply with all rules of the Commission and the State in which the multitenant building is located relating to such installation;

`(E) the telecommunications carrier has obtained a Federal or State certificate of public convenience and necessity for the provision of facilities-based services;

`(F) transmission antennae for which rooftop space is required are one meter or less in diameter; and

`(G) it is not technically infeasible for the owner of the multitenant building to provide space for the additional telecommunications carrier, but in any event not more than six separate systems.

`(3) PERMISSIBLE CONDITIONS OF INSTALLATION- In the case of any access described in paragraph (1), the owner of an occupied multitenant building may--

`(A) reasonably and in a standardized, nondiscriminatory manner restrict the times during which installation may occur; and

`(B) impose reasonable, standardized, nondiscriminatory conditions on telecommunications carriers reasonably necessary to preserve the safety, security, and condition of the multitenant building and its tenants.

`(b) LIMITATION ON COMPENSATION FOR ACCESS- The owner of an occupied multitenant building may not--

`(1) demand or accept payment or any thing of value, except as provided in subsection (c), for permitting a telecommunications carrier to have access described in subsection (a)(1) to the occupied multitenant building; or

`(2) discriminate against or otherwise penalize any tenant of the occupied multitenant building in the rental charges or provision of any services the owner provides or controls to such tenant because of the receipt by the tenant, or failure to receive, telecommunications services from any particular telecommunications carrier.

`(c) COMPENSATION-

`(1) OWNERS MAY RECEIVE JUST COMPENSATION- The owner of an occupied multitenant building may demand and receive just compensation from a telecommunications carrier for the access necessary to permit the installation, operation, and maintenance of facilities and equipment described in subsection (a)(1). Such compensation shall be reasonable and shall be assessed in a nondiscriminatory manner.

`(2) REGULATIONS REQUIRED- Within 180 days after the enactment of the Competitive Broadband Telecommunications Rooftop Access Act, the Commission shall promulgate regulations for determining the level of just compensation owed to an owner of an occupied multitenant building by a telecommunications carrier for the access described in subsection (a)(1) to be used in the event that such owner and telecommunications carrier are unable to mutually agree within 15 days upon the amount of just compensation. The final rule shall be made effective within 210 days after such date of enactment.

`(3) FACILITIES INSTALLATION PENDING RESOLUTION OF COMPENSATION DISPUTE- Notwithstanding any other provision of law, the rules promulgated pursuant to paragraph (2) shall permit a telecommunications carrier to install, on the rooftop of any occupied multitenant building, facilities pursuant to subsection (a)(1) pending the resolution of any dispute regarding just compensation for any taking of property related to the installation.

`(d) CIVIL PENALTIES- After issuance by the Commission of notice to any person that the Commission has determined that such person has failed to comply with any provision of subsection (a), (b), or (c), such person shall be liable for a forfeiture penalty under section 503 in the amount of $1,000 for each violation or each day of a continuing violation.

`(e) DEFINITIONS- For purposes of this section, the following definitions shall apply:

`(1) JUST COMPENSATION- The term `just compensation' means reasonable fees that are based on the commercial rental value of the space actually used by the telecommunications carrier and that do not discriminate among State-certified telecommunications carriers. Rates paid for space primarily used to provide telecommunications services to those outside the occupied multitenant building shall not be considered in calculating commercial rental value of the space used by the telecommunications carrier.

`(2) OCCUPIED MULTITENANT BUILDING- The term `occupied multitenant building' means a structure or part of a structure that is rented, leased, hired out, arranged or designed to be occupied, or is occupied--

`(A) as a residence of ten or more families or individual persons living in separate dwelling units;

`(B) as a place of business of three or more persons, firms, partnerships, associations, corporations, or other entities conducting business independently of each other; or

`(C) by any combination of three or more such families, individual persons, firms, partnerships, associations, corporations, or entities.

Such term includes office buildings, apartment buildings, condominiums, mixed-use buildings, and hospitals.

`(3) OWNER- The term `owner' means, with respect to an occupied multitenant building, the owner or owners, the owners' agent, assign, or successor in interest, or the lessor.

`(4) TENANT- The term `tenant' means, with respect to an occupied multitenant building, any person or entity having a legal right to occupy the building (or portion of a unit thereof).'.

END