WASHINGTON-The Federal Communications Commission this week is expected to start struggling with the definition of competition as it reviews comments submitted in its competitive networks docket.
Is it competition that allows a renter to choose between different apartment buildings based on what telecommunications services are available? Or is it competition that should require a building owner to allow a fixed wireless carrier to install a rooftop antenna to serve one customer-whether they be residential or corporate-in that building.
The FCC tentatively concluded in June that the Communications Act requires fixed wireless carriers to have access to all buildings. The notice of proposed rule making sought comment on whether building owners who give access to any telecommunications provider must give access to all providers.
Representatives of the real estate community filed nearly identical comments on Aug. 13 (the original deadline) voicing strong opposition to the FCC’s proposed rules.
“We do not believe the FCC needs to act in this field because we are doing everything we can to satisfy our residents’ demands for access in telecommunications … We are aware of the importance of telecommunications services to residents, and would not jeopardize our rent revenue stream by actions that would displease our residents. We compete against many other properties in our market, and we have [a] strong incentive to keep our properties up-to-date,” said Will Fulton, director of asset management for L&B Realty Advisors Inc.
The Wireless Communications Association International said the opposition was expected.
“The filings by real estate companies show that they are fighting hard to protect their turf, as expected. But the FCC’s responsibility is to protect the public interest. Therefore, we expect that the facts and law that competitors are highlighting will give the FCC a compelling basis to help consumers,” said WCA President Andrew Kreig.
Members of the fixed wireless community are expected to file their comments this Friday. It is unclear whether the real estate community’s early filings will impact the comments filed by those in favor of the FCC’s proposed rules.
The Personal Communications Industry Association said it does not look at comments early, while WCA said it had been reviewing the comments.
The real estate community is coming out strong against what it calls forced access. A coalition of real estate trade associations is expected to file a “rather significant filing. They will never see a filing like we are going to file,” said Gerry Lederer, vice president for government affairs for the Building Owners and Managers Association International.
Lederer questioned why fixed wireless carriers believe they need access to every building while cellular and personal communications service carriers have been able to roll out their products without this access.
PCIA, which also represents PCS carriers, said it was a technology issue. Fixed wireless carriers must be on the same building where their subscriber is located, while mobile phone carriers can serve a wide area with one antenna. If the FCC does not affirm buildings must have fixed wireless access, building owners could block access and by extension block access to that potential subscriber, said Brent Weingardt, PCIA vice president for government relations.
Lederer admitted members were sent a form letter to submit to the FCC. BOMA sent its members model comments to “shape their frustration and utter disbelief,” he said.
Weingardt didn’t quibble with the form letter approach, noting he sent his members a form letter guide as well. However, Weingardt said if it comes down to a “war of the form letters,” fixed wireless operators will lose because there are more building owners and managers than there are fixed wireless carriers.
The Cellular Telecommunications Industry Association plans to submit comments this week telling the FCC it should not “harm or discriminate against wireless carriers,” said Brian Fontes, CTIA senior vice president for policy and administration.
While the FCC examines the comments in this proceeding, it has asked Congress to arbitrate the issue by legislating it. The proposal is one of the FCC’s wish list submitted as part of the FCC reform effort.
