WASHINGTON-Thomas Sugrue, wireless czar at the Federal Communications Commission, said he will propose shortly that a new rule making be initiated to fully address prickly issues stifling competitive wireless access to multi-tenant buildings.
Even if the FCC moves forward, it appears Congress may be forced to legislate a solution to landlords that excludes fixed wireless access service providers from buildings through exorbitant charges and exclusive arrangements landlords have with monopoly landline telephone companies and cable TV operators.
Otherwise, FCC rulings to ameliorate the problem could become entangled in protracted litigation.
“Legislation could clarify the commission’s authority to take action in the public interest to promote reasonable and nondiscriminatory access to MDUs (multi-dwelling units) and to prevent the imposition of restrictions that discriminate or otherwise inhibit the ability of competitive providers to install the facilities necessary to offer their services in MDUs, including wireless equipment such as antennas on the roofs of apartments and office buildings,” said Sugrue in written testimony.
Sugrue’s appearance last Thursday before the House telecommunications subcommittee, coincided with the close of the FCC’s auction of 28 GHz local multipoint distribution service licenses last week. The new licensees, along with competitive wireless access providers in the 24 GHz and 39 GHz bands, need access to buildings to compete with the Baby Bells and other local landline telcos as envisioned in the 1996 telecom act.
“Legislation could also provide guidance to the commission, and to reviewing courts, on the proper scope of agency action in this areas and the principles that should apply, while leaving implementation details to be determined in commission rule makings and other proceedings,” stated Sugrue.
Sugrue, chief of the FCC’s Wireless Telecommunications Bureau, said some have suggested legal obstacles to regulatory action in terms of the Takings Clause of the Fifth Amendment and limitations on FCC statutory authority.
Personal Communications Industry Association President Jay Kitchen, in a May 12 letter to House telecommunications subcommittee Chairman Billy Tauzin (R-La.), said a “resolution to building access concerns demands a federal solution.”
“Otherwise,” he said, “wireless operators will face piece-meal and conflicting obstacles to their deployments across the country.”
Kitchen recommended that any legislation include the following principles:
Nondiscriminatory access to buildings
Carrier assumption of installation and damages
No exclusivity
No charges to tenants for exercising choice
Both commercial and residential multi-tenant environments should be included within a nondiscriminatory building access environment
Reasonable accommodation of space limitations
Building owners should receive reasonable compensation for building access (revenues should not be based on revenues; rates must be nondiscriminatory and rates must be related to costs).
“Customers deserve the right to choose the wireless alternative for receiving broadband access,” said Kitchen. “Yet millions of potential customers will not have the opportunity to choose unless Congress adopts a building access regime that ensures non-discriminatory access for all telecommunications providers.”
Last Monday, PCIA, along with Nextlink Communications Inc., WinStar Communications Inc. and the Association for Local Telecommunications Services, filed a white paper with the FCC exploring legal and regulatory justifications for offering all wireless broadband providers nondiscriminatory access to multiple dwelling units.
