| (a) Purpose. The purpose of this section is to implement Public
Utility Regulatory Act (PURA) §§54.259, 54.260, and 54.261 regarding
the non-discriminatory treatment of a telecommunications utility by the property
owner upon a tenant's request for telecommunications services.
(b) Application.
(1) This section applies to the following entities:
(A) "Telecommunications utilities" or "telecommunications utility"
as defined in PURA §51.002(11), that hold a consent, franchise, or permit
as determined to be the appropriate grants of authority by the municipality
and hold a certificate if required by PURA;
(B) Public or private property owners of commercial property
and the property owner's authorized representative(s); and
(C) Public or private property owners of commercially operated
residential property with four or more dwelling units and the property owner's
authorized representative(s).
(2) This section does not apply to institutions of
higher education as set forth by PURA §54.259(b).
(c) Definitions. The following words and terms, when used in
this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) Conduit - A pipe installed on the property, in a building
between floors, attached to walls, between buildings, located in the ceiling
or floor space of a building, located on a customer's premise, or from a public
right of way into a property for the purposes of containing and protecting
cable.
(2) Property - A building or buildings that are under
common ownership and which are located on a single tract of land or tracts
of land that are adjoining or would be in the absence of streets or other
public rights-of-ways.
(3) Property owner - The owner of the property or its
authorized representative(s).
(4) Requesting carrier - A telecommunications utility
seeking access to space on the property for the purpose of providing telecommunications
services to one or more tenants who have requested such services.
(5) Space - Area of the property for which access is being
requested by the requesting carrier, which will be used to install the telecommunications
equipment needed to provide telecommunications services to a requesting tenant
on the property. Space includes conduit and may be located in or on the rooftop
of a building or buildings on the property.
(6) Telecommunications equipment - The equipment installed
or used by the requesting carrier to provide telecommunications services to
a requesting tenant.
(7) Tenant - Any occupant of a building or buildings on
the property under the terms of a lease with the property owner which has
a remaining term of more than six months and who is not subject to filed bona
fide eviction proceedings under such lease with the property owner, or an
authorized subtenant of such occupant whose occupancy is subject to the terms
of the primary lease which has a remaining term of more than six months.
(d) Rights of parties.
(1) Tenant's right to choose requesting carrier. A tenant is
entitled to choose the provider of its telecommunications services.
(2) Property owner's rights to manage access. The requirements
of this subsection are not intended to eliminate or restrict the property
owner's rights to manage access to public or private property pursuant to
PURA §§54.259, 54.260, and 54.261.
(A) A property owner may:
(i) impose a condition on the requesting carrier that is reasonably
necessary to protect:
(I) the safety, security, appearance, and condition of the
property; and
(II) the safety and convenience of other persons;
(ii) impose a reasonable limitation on the time at which the
requesting carrier may have access to the property to install telecommunications
equipment;
(iii) impose a reasonable limitation on the number of such
requesting carriers that have access to the property, if the property owner
can demonstrate a space constraint that requires the limitation;
(iv) require a requesting carrier to agree to indemnify the
property owner for damage caused installing, operating, or removing telecommunications
equipment;
(v) require a tenant or requesting carrier to bear the entire
cost of installing, operating, or removing telecommunications equipment; and
(vi) require requesting carrier to pay compensation that is
reasonable and nondiscriminatory among such telecommunications utilities.
(B) A property owner may not:
(i) prevent the requesting carrier from installing telecommunications
equipment on the property upon a tenant request;
(ii) interfere with the requesting carrier's installation of
telecommunications equipment on the property upon a tenant request;
(iii) discriminate against such requesting carrier regarding
installation, terms, or compensation of telecommunications equipment to a
tenant on the property;
(iv) demand or accept an unreasonable payment of any kind from
a tenant or the requesting carrier for allowing the requesting carrier on
or in the property; or
(v) discriminate in favor of or against a tenant in any manner,
including rental charge discrimination, based on the identity of a telecommunications
utility from which a tenant receives telecommunications services.
(3) Requesting carrier's right to access.
(A) Upon a tenant request, the requesting carrier has the right
to install telecommunications equipment on the property in order to provide
telecommunications services to the requesting tenant:
(i) for a period no longer than the remaining term of the requesting
tenant's lease unless otherwise agreed to by the requesting carrier and the
property owner. Should the requesting tenant's lease renew, the agreement
between the requesting carrier and the property owner automatically continues,
without the need for renegotiation, for the term of the requesting tenant's
renewal;
(ii) without interference from the property owner, except as
provided in this subsection; and
(iii) at terms, conditions, and compensation rates which are
non- discriminatory.
(B) The requesting carrier shall comply with all applicable
federal, state, and local codes and standards, e.g.
, fire codes, electrical codes, safety codes, building codes, elevator
codes.
(4) Restriction on exclusive agreement. A telecommunications
utility shall not enter into an agreement, contract, pact, understanding or
other like arrangement with the property owner to be the sole or exclusive
provider of telecommunications services to actual or prospective tenants on
the property.
(e) Procedures upon tenant request.
(1) Tour of property.
(A) Upon receiving a request for telecommunications services
from a tenant, but prior to or concurrently with providing the property owner
with notice of intent to install telecommunications equipment as described
in paragraph (3) of this subsection, the requesting carrier may request, in
writing, a tour of the property to determine an appropriate location for the
telecommunications equipment needed to provide the telecommunications services
requested by such tenant. This request shall identify the requesting tenant
and be sent by certified mail, return receipt requested to the property's
on-site manager, or designee, and to the person identified in the tenant's
lease to receive notices.
(B) The property owner shall provide such property tour within
ten business days of receipt of the requesting carrier's written request.
(C) The requesting carrier and the property owner may agree,
in writing, to extend the timelines prescribed by this subsection.
(2) Request for technical drawings.
(A) In its written request for a tour of the property, the
requesting carrier may request that the property owner provide computer aided
design (CAD) drawings or similarly detailed drawings of the mechanical room(s),
risers and other common spaces, if available, in order to assist the requesting
carrier in developing plans and specifications for placement of telecommunications
equipment.
(B) Such drawings should be provided to the requesting carrier,
within ten business days of the property owner's receipt of the requesting
carrier's written request. The requesting carrier will bear the reasonable
actual cost of providing the requested drawings.
(C) The requesting carrier and the property owner may agree,
in writing, to extend the timelines prescribed by this subsection.
(3) Notice of intent to install telecommunications
equipment.
Cont'd... |
