WASHINGTON-With the Federal Communications Commission set to rule shortly on whether building owners should be forced to open their doors to upstart telecom carriers, lobbying between fixed broadband wireless carriers and the real estate industry over building access has intensified in a controversy that has created divisions in Congress and the White House.
Last week, the RealAccess Alliance-a group representing real estate interests-released letters from House GOP and Democratic members to FCC Chairman William Kennard urging him to drop the rule-making and instead pursue a nonregulatory solution.
“I seriously question the need for the commission to regulate the real estate industry. The market for competitive telecom access in multi-tenant buildings is thriving,” said Ellen Tauscher (D-Calif.), who represents the high-tech California district of Walnut Creek.
Similar letters, some raising constitutional questions with forced building access, were sent by House telecommunications subcommittee Chairman Billy Tauzin (R-La.), Rep. John Dingell (D-Mich.), ranking minority member of the House Commerce Committee, Rep. Thomas Sawyer (D-Ohio) and Senate Judiciary Committee Chairman Jesse Helms (R-N.C.).
“The RealAccess Alliance welcomes the increasing recognition by Washington lawmakers that market forces are the best way to ensure consumer choice for competitive telecommunications products and services,” said Roger Platt, a spokesman for the group.
Most recently, the real estate industry picked up the support of the Local and State Government Advisory Committee, which wrote the FCC on Aug. 23 that the FCC “lacks jurisdiction to impose rules requiring access to buildings or to real property generally.”
The FCC is expected to rule on the matter at its Sept. 14 meeting.
This week an organization that represents fixed broadband wireless carriers-like Teligent Inc. and WinStar Communications Inc.-will attempt to counter real estate industry lobbying by releasing a slew of letters to the FCC signed by 21 lawmakers.
Bills are pending in the House and Senate that would promote nondiscriminatory broadband wireless access to commercial and government buildings. Because it is unlikely either bill will move before Congress adjourns in October, all eyes are on the FCC.
“We’re pretty optimistic there will be something good for consumers,” said John Windhausen, president of the Association for Local Telecommunications Services. Windhausen is not alone in that view.
“We’d like to think the FCC will do the right thing and look for ways to enable nondiscriminatory access in the spirit of the 1996 telecom act,” said Andrew Kreig, president of the Wireless Communications Association International.
Kreig said WCA will ratchet up FCC lobbying this week in hopes of winning support for federal pre-emption of rooftop antenna siting. Kreig said the FCC previously blessed federal pre-emption of antenna siting to promote video competition.
Congress and the White House are watching the FCC rule making closely. Both are divided on what, if any, broadband wireless access policy should be fashioned.
In the past, the White House considered crafting an executive order for President Clinton’s signature that would force federal buildings to allow broadband wireless carriers to compete with local monopoly incumbents-like Verizon Communications, SBC Communications Inc. and BellSouth Corp.-for high-profit margin business communications.
But at least one high-ranking official in the General Services Administration-the government’s leasing agent-is said not to support a White House executive order or legislation that would accomplish the same. Robert Peck, GSA commissioner of the Public Buildings Service and a former FCC official under Chairman Reed Hundt, has let lawmakers know as much. Peck declined to comment.
“Property owners can minimize building access problems without commission intervention through effective infrastructure design, planning and installation,” BellSouth, SBC and Verizon told the FCC in an Aug. 24 letter.
