I
106TH CONGRESS
1ST SESSION
H. R. 3487
To provide consumers in multitenant buildings with the benefits of competi-
tion among providers of telecommunications services by ensuring reason-
able 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.
IN THE HOUSE OF REPRESENTATIVES
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
A BILL
To provide consumers in multitenant buildings with the bene-
fits of competition among providers of telecommuni-
cations services by ensuring reasonable and nondiscrim-
inatory 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 Representa-
tives 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 BUILD-
INGS 
FOR 
COMPETITIVE 
TELECOMMUNI-
CATIONS 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 BUILD-
INGS 
FOR 
COMPETITIVE 
TELECOMMUNI-
CATIONS SERVICES.
‘‘(a) REQUIREMENT OF OWNERS TO PERMIT AC-
CESS.—
‘‘(1) ACCESS REQUIRED.—Within 15 days of a
telecommunications carrier request, the owner of an
occupied multitenant building shall permit a tele-
communications carrier reasonable, standardized,
and nondiscriminatory access—
‘‘(A) to install, maintain, and operate—
‘‘(i) telecommunications transmission
and reception antennas on top of a multi-
tenant building; and
‘‘(ii) related receiver equipment in me-
chanical rooms or closets; and
‘‘(B) to vertical and horizontal building ris-
ers,
in the manner necessary to provide telecommuni-
cations service or information service to a tenant or
tenants in the occupied multitenant building.
‘‘(2) NONDISCRIMINATORY CONDITIONS FOR AC-
CESS.—An owner is required to permit a tele-
communications carrier access under paragraph (1)
only if—
‘‘(A) a tenant in the occupied multitenant
building requests services from that tele-
communications 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 instal-
lation or operation of such facilities and agrees
not to hold the owner liable for any such dam-
ages;
‘‘(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 roof-
top 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 sep-
arate systems.
‘‘(3) PERMISSIBLE CONDITIONS OF INSTALLA-
TION.—In the case of any access described in para-
graph (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, non-
discriminatory 
conditions 
on 
telecommuni-
cations carriers reasonably necessary to pre-
serve the safety, security, and condition of the
multitenant building and its tenants.
‘‘(2) REGULATIONS
REQUIRED.—Within 180
days after the enactment of the Competitive
Broadband Telecommunications Rooftop Access Act,
the Commission shall promulgate regulations for de-
termining the level of just compensation owed to an
owner of an occupied multitenant building by a tele-
communications 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 ef-
fective within 210 days after such date of enact-
ment.
‘‘(3) FACILITIES INSTALLATION PENDING RESO-
LUTION
OF
COMPENSATION
DISPUTE.—Notwith-
standing any other provision of law, the rules pro-
mulgated pursuant to paragraph (2) shall permit a
telecommunications carrier to install, on the rooftop
of any occupied multitenant building, facilities pur-
suant 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 Com-
mission 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 con-
tinuing 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 telecommuni-
cations carriers. Rates paid for space primarily used
to provide telecommunications services to those out-
side 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 struc-
ture 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 busi-
ness independently of each other; or
‘‘(C) by any combination of three or more
such families, individual persons, firms, part-
nerships, 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 suc-
cessor in interest, or the lessor.
‘‘(4) TENANT.—The term ‘tenant’ means, with
respect to an occupied multitenant building, any per-
son or entity having a legal right to occupy the
building (or portion of a unit thereof).’’.
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