[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3487 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3487
To provide consumers in multitenant buildings with the benefits of
competition among providers of telecommunications services by ensuring
reasonable 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 benefits of
competition among providers of telecommunications services by ensuring
reasonable 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.
Be it enacted by the Senate and House of Representatives 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 BUILDINGS FOR COMPETITIVE
TELECOMMUNICATIONS 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 BUILDINGS FOR COMPETITIVE
TELECOMMUNICATIONS SERVICES.
``(a) Requirement of Owners To Permit Access.--
``(1) Access required.--Within 15 days of a
telecommunications carrier request, the owner of an occupied
multitenant building shall permit a telecommunications carrier
reasonable, standardized, and nondiscriminatory access--
``(A) to install, maintain, and operate--
``(i) telecommunications transmission and
reception antennas on top of a multitenant
building; and
``(ii) related receiver equipment in
mechanical rooms or closets; and
``(B) to vertical and horizontal building risers,
in the manner necessary to provide telecommunications service
or information service to a tenant or tenants in the occupied
multitenant building.
``(2) Nondiscriminatory conditions for access.--An owner is
required to permit a telecommunications carrier access under
paragraph (1) only if--
``(A) a tenant in the occupied multitenant building
requests services from that telecommunications 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 installation or operation of such
facilities and agrees not to hold the owner liable for
any such damages;
``(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 rooftop 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 separate systems.
``(3) Permissible conditions of installation.--In the case
of any access described in paragraph (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,
nondiscriminatory conditions on telecommunications
carriers reasonably necessary to preserve the safety,
security, and condition of the multitenant building and
its tenants.
``(b) Limitation on Compensation for Access.--The owner of an
occupied multitenant building may not--
``(1) demand or accept payment or any thing of value,
except as provided in subsection (c), for permitting a
telecommunications carrier to have access described in
subsection (a)(1) to the occupied multitenant building; or
``(2) discriminate against or otherwise penalize any tenant
of the occupied multitenant building in the rental charges or
provision of any services the owner provides or controls to
such tenant because of the receipt by the tenant, or failure to
receive, telecommunications services from any particular
telecommunications carrier.
``(c) Compensation.--
``(1) Owners may receive just compensation.--The owner of
an occupied multitenant building may demand and receive just
compensation from a telecommunications carrier for the access
necessary to permit the installation, operation, and
maintenance of facilities and equipment described in subsection
(a)(1). Such compensation shall be reasonable and shall be
assessed in a nondiscriminatory manner.
``(2) Regulations required.--Within 180 days after the
enactment of the Competitive Broadband Telecommunications
Rooftop Access Act, the Commission shall promulgate regulations
for determining the level of just compensation owed to an owner
of an occupied multitenant building by a telecommunications
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
effective within 210 days after such date of enactment.
``(3) Facilities installation pending resolution of
compensation dispute.--Notwithstanding any other provision of
law, the rules promulgated pursuant to paragraph (2) shall
permit a telecommunications carrier to install, on the rooftop
of any occupied multitenant building, facilities pursuant 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 Commission 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 continuing
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
telecommunications carriers. Rates paid for space primarily
used to provide telecommunications services to those outside
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 structure 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 business
independently of each other; or
``(C) by any combination of three or more such
families, individual persons, firms, partnerships,
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 successor in interest, or the lessor.
``(4) Tenant.--The term `tenant' means, with respect to an
occupied multitenant building, any person or entity having a
legal right to occupy the building (or portion of a unit
thereof).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Commerce.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection.
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