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 NEWS  News  media  Information  202  /  418-  0500  TTY  202  /  418-  2555  Fax-  On-  Demand  202  /  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974). 
 FOR  IMMEDIATE  RELEASE:  News  Media  Contact: 
 October  12,  2000  Meribeth  McCarrick  at  (202)  418-  0654 
 e-  mail:  mmccarri@  fcc.  gov 


 FCC  ACTS  TO  FOSTER  TELECOMMUNICATIONS  COMPETITION  AND  CONSUMER  CHOICE  IN  MULTIPLE  TENANT  ENVIRONMENTS 


 Washington,  DC    The  Federal  Communications  Commission  took  action  today  furthering  its 
 ongoing  efforts  under  the  Telecommunications  Act  of  1996  to  foster  competition  in  local  communications 
 markets.  The  FCC  implemented  measures  to  enhance  the  ability  of  competing  telecommunications  providers 
 to  provide  services  to  customers  in  residential  and  commercial  buildings  or  other  multiple  tenant 
 environments  (MTEs). 


 In  the  Competitive  Networks  Notice  of  Proposed  Rulemaking,  the  FCC  requested  comment  on  the 
 state  of  access  to  MTEs  and  on  a  variety  of  potential  measures  to  improve  such  access.  Based  on  the 
 extensive  record  compiled  in  response  to  that  Notice,  today  the  FCC  adopted  several  measures  to  remove 
 obstacles  to  competitive  access  in  this  important  portion  of  the  telecommunications  market. 


 The  Commission  noted  that,  while  the  adopted  measures  will  help  significantly  to  advance 
 competition  and  customer  choice,  they  may  well  be  insufficient  in  themselves  to  secure  a  full  measure  of 
 choice  for  businesses  and  individuals  located  in  MTEs.  The  FCC  recognized  that  the  real  estate  industry  has 
 taken  positive  steps  to  facilitate  tenant  choice  of  telecommunications  providers  by  working  towards  the 
 development  of  best  practices  and  model  agreements.  In  particular,  a  coalition  of  11  trade  associations 
 representing  over  1  million  owners  and  operators  has  committed  to  a  best  practices  implementation  plan 
 regarding  these  issues.  The  Commission  stated  it  will  closely  monitor  these  industry  efforts  and,  if  such 
 efforts  ultimately  do  not  resolve  concerns  regarding  the  ability  of  premises  owners  to  unreasonably  deny 
 competing  telecommunications  service  providers  access  to  customers  in  MTEs,  the  FCC  is  prepared  to 
 consider  taking  additional  action,  including  adopting  rules  to  ensure  that  competing  telecommunications 
 service  providers  receive  access  to  MTE  premises. 


 In  order  to  be  prepared  to  take  further  action  quickly,  if  necessary,  the  FCC  also  adopted  a  Further 
 Notice  of  Proposed  Rulemaking. 


 Actions  Taken  Today  by  the  Commission: 
 x  First,  the  FCC  forbade  telecommunications  carriers  in  commercial  settings  from  entering  into  exclusive 
 contracts  with  building  owners,  including  contracts  that  effectively  restrict  premises  owners  or  their 
 agents  from  permitting  access  to  other  telecommunications  service  providers. 


 x  Second,  the  FCC  established  procedures  to  reduce  competitive  carriers  dependence  on  the  incumbent 
 local  exchange  carriers  (LECs)  to  gain  access  to  on-  premises  wiring,  while  at  the  same  time  recognizing 
 the  varied  needs  of  carriers  and  building  owners.  These  actions  relate  to  the  location  of  the  demarcation 
 point,  which  marks  the  end  of  LEC  control  over  wiring  and  the  beginning  of  the  customers  or  MTE 
 owners  control.  Under  current  law,  the  demarcation  point  may  be  located  either  at  the  minimum  point 
 of  entry  (MPE)  to  the  MTE  or  further  inside  the  premises.  The  FCC  established  procedures  to  facilitate 
 moving  the  demarcation  point  to  the  MPOE  at  the  building  owners  request,  and  required  incumbent 
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 LECs  to  timely  disclose  the  location  of  existing  demarcation  points  where  they  are  not  located  at  the 
 MPOE. 


 x  Third,  the  FCC  determined  that  under  Section  224  of  the  Communications  Act,  utilities,  including  LECs, 
 must  afford  telecommunications  carriers  and  cable  service  providers  reasonable  and  nondiscriminatory 
 access  to  conduits  and  rights-  of-  way  located  in  customer  buildings  and  campuses,  to  the  extent  such 
 conduits  and  rights-  of-  way  are  owned  or  controlled  by  the  utility. 


 x  Fourth,  the  FCC  extended  to  antennas  that  receive  and  transmit  telecommunications  and  other  fixed 
 wireless  signals  its  existing  prohibition  of  restrictions  that  impair  the  installation,  maintenance  or  use  of 
 certain  video  antennas  on  property  within  the  exclusive  use  or  control  of  the  antenna  user,  where  the  user 
 has  a  direct  or  indirect  ownership  or  leasehold  interest  in  the  property. 


 Comment  Sought  in  the  Further  Notice  of  Proposed  Rulemaking: 
 x  First,  based  upon  review  of  the  relevant  authority,  the  FCC  recognized  that  a  strong  case  can  be  made 
 that  it  has  the  statutory  authority  to  prohibit  LECs  from  providing  service  to  MTEs  whose  owners 
 maintain  a  policy  that  unreasonably  prevents  competing  carriers  from  gaining  access  to  potential 
 customers  located  within  an  MTE. 


 x  Second,  in  order  to  help  inform  a  decision  whether  to  implement  such  an  obligation,  the  FCC  sought  to 
 refresh  the  record  on  the  status  of  the  market  for  the  provision  of  telecommunications  services  in  MTEs, 
 including  the  development  of  new  access  technologies,  as  well  as  on  possible  constitutional  and 
 implementation  issues. 


 x  Third,  the  FCC  asked  whether  todays  prohibition  on  exclusive  access  contracts  in  commercial  buildings 
 should  be  extended  to  residential  buildings,  either  in  addition  to  or  in  lieu  of  a  nondiscriminatory  access 
 requirement  applicable  to  these  premises,  and  whether  it  should  prohibit  carriers  from  enforcing 
 exclusive  access  provisions  in  existing  contracts  in  either  commercial  or  residential  MTEs. 


 x  Fourth,  the  FCC  sought  comment  on  whether  it  should  proscribe  carriers  from  entering  into  contracts  that 
 grant  them  preferences  other  than  exclusive  access,  such  as  exclusive  marketing  or  landlord  bonuses  to 
 tenants  that  use  their  services,  in  some  or  all  situations. 


 x  Fifth,  the  FCC  sought  additional  comment  on  the  definition  of  right-  of-  way  in  customer  buildings  for 
 purposes  of  Section  224. 


 x  Finally,  the  FCC  sought  additional  comment  on  whether  it  should  extend  its  cable  inside  wiring  rules  to 
 facilitate  the  use  of  home  run  wiring  by  telecommunications  service  providers  where  an  incumbent  cable 
 provider  no  longer  has  a  legal  right  to  maintain  its  home  run  wiring  in  the  building. 


 Action  by  the  Commission  on  October  12,  2000  by  First  Report  and  Order  and  Further  Notice  of  Proposed 
 Rulemaking  in  WT  Docket  No.  99-  217,  Fifth  Report  and  Order  and  Memorandum  Opinion  and  Order  in  CC 
 Docket  No.  96-  98,  and  Fourth  Report  and  Order  and  Memorandum  Opinion  and  Order  in  CC  Docket  No.  88- 
 57  (FCC  00-  366).  Chairman  Kennard,  Commissioners  Ness,  Powell  and  Tristani  with  Commissioner 
 Futchtgott-  Roth  dissenting  and  issuing  a  separate  statement. 


 Wireless  Bureau  Contacts:  Joel  Taubenblatt  at  (202)  418-  1513,  e-  mail:  jtaubenb@  fcc.  gov;  or  Lauren  Van 
 Wazer  at  (202)  418-  0030,  e-  mail  lvanwaze@  fcc.  gov;  TTY  at  (202)  418-  7233. 


 WT  Docket  No.  99-  217 
 CC  Docket  No.  96-  98 
 CC  Docket  No.  88-  57 
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