(4) that several States, for example Connecticut
and Texas, have already enacted measures to pro-
mote non-discriminatory access by telecommuni-
cations carriers to rooftops, risers, conduits, utility
spaces, and points of entry and demarcation in order
to promote the competitive provision of telecommuni-
cations services and information services; and
(5) that the Federal Government should en-
courage States to develop similar policies by estab-
lishing as Federal policy requirements to promote
non-discriminatory access to Federal buildings and
commercial property used by agencies of the Federal
Government so that taxpayers receive the benefits
and cost savings from the competitive provision of
telecommunications services and information services
by telecommunications carriers.
SEC. 3. ACCESS TO BUILDINGS FOR COMPETITIVE TELE-
COMMUNICATIONS SERVICES.
The National Telecommunications and Information
Administration Organization Act (Title I of Public Law
102–538; 47 U.S.C. 901 et seq.) is amended—
(1) in section 103(b)(2) (47 U.S.C. 902(b)(2))
by adding at the end the following new subpara-
graph:
‘‘(U) The authority to implement policies
for buildings and other structures owned or
used by agencies of the Federal Government in
order to provide for non-discriminatory access
to such buildings and structures for the provi-
sion of telecommunications services or informa-
tion services by telecommunications carriers,
and to advise the Commission on the develop-
ment of policies for non-discriminatory access
by such carriers to commercial property in gen-
eral for the provision of such services.’’; and
(2) in section 105 (47 U.S.C. 904) by adding
at the end the following new subsection:
‘‘(f) PROHIBITION ON DISCRIMINATORY ACCESS.—
‘‘(1) IN GENERAL.—No Federal agency shall
enter into a contract with the owner or operator of
any commercial property for the rental or lease of all
or some portion of such property unless the owner
or operator permits non-discriminatory access to,
and use of, the rooftops, risers, telephone cabinets,
conduits, points of entry or demarcation for internal
wiring, easements, rights of way, and all utility
spaces in or on such commercial property, for the
provision of telecommunications services or informa-
tion services by any telecommunications carrier that
has obtained, where required, a Federal or State
certificate of public convenience and necessity for
the provision of such services, and which seeks to
provide or provides such services to tenants (includ-
ing, but not limited to, the Federal agency for which
such rental or lease is made) of such property. Such
owner or operator may—
‘‘(A) charge a reasonable and non-discrimi-
natory fee (which shall be based on the com-
mercial rental value of the space actually used
by the telecommunications carrier) for such ac-
cess and use;
‘‘(B) impose reasonable and non-discrimi-
natory requirements necessary to protect the
safety and condition of the property, and the
safety and convenience of tenants and other
persons (including hours when entry and work
may be conducted on the property);
‘‘(C) require the telecommunications car-
rier to indemnify the owner or operator for
damage caused by the installation, mainte-
nance, or removal of any facilities of such car-
rier; and
‘‘(D) require the telecommunications car-
rier to bear the entire cost of installing, oper-
ating, maintaining, and removing any facilities
of such carrier.
‘‘(2) STATE LAW OR CONTRACTUAL OBLIGATION
REQUIRED.—No Federal agency shall enter into a
contract with the owner or operator of any commer-
cial property for the rental or lease of all or some
portion of such property unless the owner or oper-
ator submits to such agency a notarized statement
that such owner or operator is obligated under State
law, or is obligated or will undertake an obligation
through a contractual commitment with each tele-
communication carrier providing or seeking to pro-
vide service, to resolve any disputes between such
telecommunication carriers and such owner or oper-
ator that may arise regarding access to the commer-
cial property or the provision of competitive tele-
communications services or information services to
tenants of such property. To meet the requirements
of this paragraph such State process or contractual
commitment must—
‘‘(A) provide an effective means for resolu-
tion of disputes within 30 days (unless other-
wise required by State law or agreed by the
parties involved), either through arbitration or
order of a State agency or through binding ar-
bitration;
‘‘(B) permit the telecommunications car-
rier to initiate service or continue service while
any dispute is pending;
‘‘(C) provide that any fee charged for ac-
cess to, or use of, building space (including con-
duits, risers, and utility closets), easements or
rights of way, or rooftops to provide tele-
communications service or information service
be reasonable and applied in a non-discrimina-
tory manner to all providers of such service, in-
cluding the incumbent local exchange carrier;
and
‘‘(D) provide that requirements with re-
spect to the condition of the property are lim-
ited to those necessary to ensure that the value
of the property is not diminished by the instal-
lation, maintenance, or removal of the facilities
of the telecommunications carrier, and do not
require the telecommunications carrier to im-
prove the condition of the property in order to
obtain access or use.
‘‘(3) EFFECTIVE
DATE.—Paragraphs (1) and
(2) shall take effect six months after the date of en-
actment of this subsection for all lease or rental
agreements entered into or renewed by any Federal
agency after such date.
‘‘(4) WAIVER
PERMITTED.—The requirements
of paragraphs (1) or (2) may be waived on a case
by case basis—
‘‘(A) by the head of the agency seeking
space in a commercial property upon a deter-
mination, which shall be made in writing and be
available to the public upon request, that such
requirements would result in the affected agen-
cy being unable, in that particular case, to ob-
tain any space suitable for the needs of that
agency in that general geographic area; or
‘‘(B) by the President upon a finding that
waiver of such requirements is necessary to ob-
tain space for the affected agency in that par-
ticular case, and that enforcement of such re-
quirements in that particular case would be
contrary to the interests of national security.
Any determination under subparagraph (A) may be
appealed by any affected telecommunications carrier
to the Assistant Secretary, who shall review the
agency determination and issue a decision upholding
or revoking the agency determination within 30 days
of an appeal being filed. The burden shall be on the
agency head to demonstrate through the written de-
termination that all reasonable efforts had been
made to find suitable alternative space for the agen-
cy’s needs before the waiver determination was
made. The Assistant Secretary shall revoke any
agency determination made without all reasonable
efforts being made. The decision of the Assistant
Secretary shall be binding on the agency whose waiv-
er determination was appealed.
‘‘(5) LIMITATIONS.—
‘‘(A) Nothing in this subsection shall waive
or modify any requirements or restrictions im-
posed by any Federal, State, or local agency
with authority under other law to impose such
restrictions or requirements on the provision of
telecommunications services or the facilities
used to provide such services.
‘‘(B) Refusal by an owner to provide ac-
cess to a telecommunications carrier seeking to
provide telecommunications services or informa-
tion services to a commercial property due to a
demonstrated lack of available space at a com-
mercial property on a rooftop or in a riser, tele-
phone cabinet, conduit, point of entry or demar-
cation for internal wiring, or utility space due
to existing occupation of such space by two or
more telecommunications carriers providing
service to that commercial property shall not be
a violation of paragraphs (1)(B) or (2)(D) if
the owner has made reasonable efforts to per-
mit access by such telecommunications carrier
to any space that is available.
‘‘(6) DEFINITIONS.—For the purposes of this
subsection the term—
‘‘(A) ‘Federal agency’ shall mean any exec-
utive agency or any establishment in the legisla-
tive or judicial branch of the Government;
‘‘(B) ‘commercial property’ shall include
any buildings or other structures offered, in
whole or in part, for rent or lease to any Fed-
eral agency;
‘‘(C) ‘incumbent local exchange carrier’
shall have the same meaning given such term in
section 251(h) of the Communications Act of
1934 (47 U.S.C. 251(h)); and
‘‘(D) ‘information service’, ‘telecommuni-
cations carrier’, and ‘telecommunications serv-
ice’ shall have the same meaning given such
terms, respectively, in section 3 of the Commu-
nications Act of 1934 (47 U.S.C. 153).’’.
SEC. 4. APPLICATION TO PUBLIC BUILDINGS.
(a) RULES REQUIRED TO APPLY REQUIREMENTS.—
(1) IN GENERAL.—Within six months after the
date of enactment of this Act the Secretary of Com-
merce, acting through the Assistant Secretary of
Commerce for Telecommunications and Information,
shall promulgate final rules, after notice and oppor-
tunity for public comment, to apply the requirements
of section 105(f) of the National Telecommuni-
cations and Information Administration Organiza-
tion Act, as added by this Act, to all buildings and
other structures owned or operated by any Federal
agency.
(2) EXEMPTIONS.—In promulgating such rules
the Assistant Secretary may, at the direction of the
President, exempt any buildings or structures owned
or operated by a Federal agency if the application
of such requirements would be contrary to the inter-
ests of national security.
(3) COORDINATION.—The Assistant Secretary
shall coordinate the promulgation of the rules re-
quired by this section with the Administrator of the
General Services Administration and the heads of
any establishments in the legislative and judicial
branches of government which are responsible for
buildings and other structures owned or operated by
such establishments.
(4) SAFETY AND SECURITY.—Such rules may
include any requirements for identification, back-
ground checks, or other matters necessary to ensure
access by telecommunications carriers under this
section does not compromise the safety and security
of agency operations in government owned or oper-
ated buildings or structures.
(b) DEFINITION.—For the purposes of this section,
the term ‘‘Federal agency’’ shall have the same meaning
given such term in section 105(f)(6) of the National Tele-
communications and Information Administration Organi-
zation Act, as added by this Act.
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