Telecommunications — Forced Access

The Issue

Numerous telecommunications service providers (TSPs) compete for access to lucrative office buildings and their tenants. Forced access proposals at the state and federal levels seek government-mandated, non-discriminatory access for these TSPs. This means that TSPs want the right to immediately install their equipment in private buildings at little or no cost, thus TSPs would be allowed to freely use the building owner's private property for their own economic gain. Currently, access and costs are freely negotiated between the building owner and the TSP.

Position

NAIOP opposes any forced access requirements, whether accomplished through regulations, legislation or an Executive Order. Such requirements present an unnecessary and inappropriate infringement on constitutional property rights, as well as inhibit the effectiveness of the free marketplace. The space available for telecommunications systems is finite and must be managed carefully in order to accommodate a variety of systems and purposes. In today's market, "wired buildings" are no longer a luxury, but a necessity. As such, the building owners must do what is best for their tenants if they are to survive and prosper, thus ensuring the continued success of the current free market system.

Talking Points

• Competitive telecommunications access is already thriving in the marketplace.
• Telecom providers already have extensive access to buildings.
• At the same time CLEC's (Competitive Local Exchange Carriers) are complaining to Congress and the FCC about their lack of access to buildings, they are also trumpeting their substantial building access successes to their investors on Wall Street.
• CLEC's have been picking and choosing only profitable customers and ignoring residential, rural, and small business customers.
• Federal forced access rules would result in substantial tax dollars being spent on the enforcement of unnecessary regulations.
• The FCC has no authority to regulate access to private real estate.

• State Broadband Task Forces and Other Resources
  
• New Canadian Forced Access Rules (PDF file)
  
• 2002 Telecommunications Checklist (PDF file)
  
• Model Telecom License Agreement (PDF file)
  
• Telecom License Agreement Checklist (PDF file)
  
• Building Telecommunications Elements
  
• Glossary of Telecommunications Terms
  
• Sample Antenna Site License Agreement (PDF file)

Contact:
Toby Burke
Senior Director for State and Local Affairs
(703) 904-7100 ext. 116