The measure also provides access to mechanical closets and shafts for the installation of related receiver equipment. It does not, however, require access to inside wiring. The purpose of the bill is to promote the deployment of competitive fixed wireless networks to provide broadband services and a marketplace alternative to incumbent local exchange carriers. As competitive telecommunications carriers around the country build out their wireless networks for the provision of telephony and data services, they are encountering a marketplace failure in the form of building managers who impose unreasonable costs and restrictions on competitive carrier access to the rooftops of apartment buildings and office towers, even when a tenant of the building has requested service from the carrier in question. In some cases, access is being denied altogether.
Discriminatory access is a phenomenon that is likely to increase dramatically.
Recent press reports indicate that building owners are beginning to offer telecommunications services to their tenants. When offering telecommunications services themselves or in partnership with a preferred carrier, building owners will have increased incentives to discriminate against competing providers. This legislation requires nondiscriminatory carrier access to the rooftops of multi-tenant buildings, with various safeguards to protect the rights and interests of building owners. The measure specifies that building owners are entitled to reasonable compensation for access to their facilities, and protects them against disruption of their business and damage to their property.