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Panelists Clash Over Need to Eliminate Broadband Exclusivity Deals in Multitenant Properties

Industry officials disagree over how effective mandates are in creating internet provider choice within multitenant residential buildings.

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WASHINGTON, October 28, 2021 – During a Broadband Breakfast Live Online event Wednesday, panelists from a variety of technology organizations expressed skepticism over a proposed Federal Communications Commission policy to enforce competition between internet service providers in multitenant housing.

The FCC is seeking and received comments on whether to eliminate exclusive wiring, marketing and revenue sharing arrangements, which mean third party service providers cannot share the building wires with the telecom with that privilege and cannot market their services to the building’s residents. The commission had previously already banned an exclusivity arrangement in which only one provider can service the entire building.

Panelists at the Wednesday event, titled “When Greenfield Fiber Meets Brownfield Multiple Dwelling Units,” were unsure whether such a policy is necessary given the prevalence of broadband currently is in multi-tenant units.

Both Kevin Donnelly, vice president for government affairs, technology and strategic initiatives at the National Multifamily Housing Council, and Sandy Howe, board director of smart software communications firm Minim, contended that internet provider choice is widely present in apartment buildings, with Donnelly stating that 79% of them see competition on site.

Donnelly praised current systems put in place to allow for broadband options in multi-tenant units and stated that mandatory access policy would often benefit only buildings where competition between internet providers is already present. He sees potential trickle-down costs for consumers that come with broadband expansion in multitenant housing as a potential challenge for the future.

Public advocacy groups disagree

Jenna Leventoff, senior policy counsel at Public Knowledge, disagreed with other panelists on the need to eliminate exclusivity agreements, stating that mandatory access laws provide more people with internet access and that lack of broadband is a problem of affordability for many apartment residents.

Additionally, she made clear that mandatory access laws protect service not only in residential settings but for businesses as well. She posited that even in recent explicit bans on service provider exclusive agreements in apartments, there are likely to be loopholes which landlords and internet service providers can find to exploit and profit by keeping broadband prices up.

Leventoff stressed that it is essential for consumers to be able to choose the provider from which they receive broadband and that providers in competition would be incentivized to improve the quality of their internet connection and create better experiences for customers. She follows the theory that wealthy areas receive better broadband because they are more profitable markets for service providers and that widespread competition between providers in apartments does not truly exist.

A key point of contention for panelists was whether a San Francisco mandatory wire sharing law struck down by the Federal Communications Commission in recent years helped to increase internet access in apartment buildings. Leventoff took the position that it did in fact increase access where it was lacking, while Donnelly countered that the buildings which received more service because of the law had already been fitted with broadband and hence the law did not assist those populations most in need.

Internet and competitive networks association INCOMPAS, Consolidated Communications Holdings, Ziply Fiber, and the Stewards of Affordable Housing for the Future all said exclusivity arrangements are burdensome to residents because of the alleged lack of choice.

Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. You can watch the October 27, 2021, event on this page. You can also PARTICIPATE in the current Broadband Breakfast Live Online event. REGISTER HERE.

Wednesday, October 27, 2021, 12 Noon ET — “When Greenfield Fiber Meets Brownfield Multiple Dwelling Units”

Bringing fiber to the premises is sometimes only half the battle. For example, bringing fiber to an MDU may not mean that every tenant will get better-quality broadband. In the case of multiple dwelling units or multi-tenant housing, it isn’t easy to completely rewire an existing building with fiber-to-the-unit. Further, the Biden Administration and the Federal Communications Commission are pushing real estate owners to eliminate or minimize exclusive MDU broadband contacts. What options do the owners of, operators in, and tenants within MDUs have to enjoy both competitive and better-quality broadband?

Panelists:

  • Kevin Donnelly, Vice President, Government Affairs, Technology and Strategic Initiatives, National Multifamily Housing Council
  • Sandy Howe, Board Director and Chair, Special Committee of Minim
  • Jenna Leventoff, Senior Policy Counsel, Public Knowledge
  • Pierre Trudeau, President and Chief Technology Officer, Positron Access
  • Drew Clark (moderator), Editor and Publisher of Broadband Breakfast

See “Housing, Public Interest Groups Oppose Multitenant Exclusivity Agreements,” Broadband Breakfast, October 21, 2021

Kevin Donnelly is Vice President for Government Affairs, Technology and Strategic Initiatives at the National Multifamily Housing Council (NMHC) and represents the interests of the multifamily industry before the federal government focusing on technology, connectivity, risk management and their intersection with housing policy. Kevin is a part of NMHC’s Innovation and Technology team and leads its Intelligent Buildings and Connectivity Committee.  Kevin has spent over 15 years in the public policy arena at leading real estate trade associations and on Capitol Hill. Kevin received his BA from Rutgers University and his Masters in Public Management from Johns Hopkins University.

Sandy Howe is a senior executive with extraordinary go-to-market experience and deep knowledge of the global communications and media industries, including broadcast, wireless, IP and fiber networks, and their customers. Over the course of a 25-year career, she has also built a track record of strong P&L management, operations, product development, sales and marketing capabilities. Sandy currently serves as a Board Director and Chair, Special Committee of Minim, a smart home solutions provider of hardware and AI-driven software products sold under the Motorola brand.

Jenna Leventoff is a Senior Policy Counsel at Public Knowledge, where she focuses on broadband deployment and adoption. Prior to joining Public Knowledge, Jenna served as a Senior Policy Analyst for the Workforce Data Quality Campaign (WDQC) at the National Skills Coalition, where she led WDQC’s state policy advocacy and technical assistance efforts on state data system development and use. She also served as an Associate at Upturn, where she analyzed the civil rights implications of new technologies, and as Manager and Legal Counsel of the International Intellectual Property Institute, where she led the organization’s efforts to utilize intellectual property for international economic development. Jenna received her J.D, cum laude, and B.A from Case Western Reserve University.

Pierre Trudeau is President and Chief Technology Officer, Positron Access.

Drew ClarkEditor and Publisher of Broadband Breakfast, also serves as Of Counsel to The CommLaw Group. He has helped fiber-based and fixed wireless providers negotiate telecom leases and fiber IRUs, litigate to operate in the public right of way, and argue regulatory classifications before federal and state authorities. He has also worked with cities on structuring Public-Private Partnerships for better broadband access for their communities. Drew brings experts and practitioners together to advance the benefits provided by broadband. He is also the President of the Rural Telecommunications Congress.

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FCC

FCC Commissioner Supports Rural Telco Efforts to Implement ‘Rip and Replace’

In remarks at the Rural Wireless Association event on Wednesday, Commissioner Geoffrey Starks reaffirmed the FCC’s goals.

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Photo of Carri Bennet, general counsel of the Rural Wireless Association, leading a discussion at the summit on Wednesday by Drew Clark

PARK CITY, Utah, June 30, 2022 – Federal Communications Commissioner Geoffrey Starks acknowledged the agency’s goal of obtaining secure broadband networks at an event of the Rural Wireless Association on Wednesday.

“We must ensure that our broadband networks are secure,” Starks said in keynote address at the Rural Wireless Infrastructure Summit here, delivered via Zoom. “This is evident in the constant barrage of attacks of American networks from hostile state and non-state actors.”

Starks continued, “insecure networks, by definition, can’t provide the stable, reliable, always on communications we need. Especially during emergencies… Broadband must be secure for the full benefits of broadband to be achieved.”

The issue of ridding American telecommunications networks of equipment manufactured in China was a constant theme during the conference.

In addition to Starks’ presentation, several sessions addressed the dilemma faced by telecommunications carriers, particular rural ones, that had in the past invested heavily in lower-cost equipment from Huawei, a leading Chinese manufacturer.

As the political winds have changed on the topic over the past three years, Congress has allocated funds for a “rip and replace” program. The FCC is expected to announce the providers that will receive nearly $2 billion as part of the program by July 15.

But some fear that number could be more than $4 billion short of needed funds.

“The funds available will cover only a very small portion” of the costs to replace Huawei with non-Chinese manufacturers, said Carri Bennet, general counsel of the Rural Wireless Association.

Potential new requirements imposed on telecom providers

The commission recently sought comment on whether it should require carriers that receive high-cost support to have include baseline cyber security and supply chain risk management plans.

If these plans are included in requirements, Starks said that American communication networks would be protected from bad actors. Moreover, they are consistent with requirements already included in the Infrastructure Investment and Jobs Act.

Starks thanked the RWA for its activity and advocacy in the “rip and replace” proceedings, officially dubbed the Secure and Trusted Communications Network Reimbursement Program.

“The threat is real,” called Starks. “Companies that are deemed by the federal government to be a threat to the United States and its people can not have free reign in data centers featuring some of the most sensitive data of Americans.”

This comes only days after Commissioner Brendan Carr called for Apple and Google to remove Beijing-based popular video-sharing application, TikTok, from their app stores in response to the apps’ obligation to comply with the Peoples Republic of China’s surveillance demands.

Broadband Breakfast Editor and Publisher Drew Clark contributed to this report.

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FCC

FCC Commissioner Geoffrey Starks Calls for Environmental Sustainability at Summit

Environmental sustainability in telecom has been a key talking point for Starks.

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Photo of FCC Commissioner Geoffrey Starks

June 27, 2022 – Federal Communications Commission Commissioner Geoffrey Starks raised on Monday the importance of sustainability in telecommunications as a speaker at the 2022 Broadband for All Summit in Stockholm, Sweden.

An important responsibility for agencies in the industry is building infrastructure that is environmentally sustainable, Starks said, suggesting four avenues to improve sustainability.

First, “we must continue to find ways to do more while using less, and that begins with the way we use spectrum,” he said. We need to “squeeze” the most out of the finite spectrum while simultaneously building networks that draw less power.

Second, “we need to realize our full potential to help other sectors consume less, too.”

We are entering an era where we can “collect, communicate, and analyze massive quantities of data to improve decision-making in real-time. Everything from traffic flow to energy transmission to orders of operation on the factory floor can benefit from data-driven efficiencies that were previously impossible,” he said.

Third, “industry-led initiatives must continue to play a significant role, from progressing towards reducing or eliminating the carbon emissions associated with their operations, to increasing renewable energy and minimizing electronic waste.”

Some manufacturers, according to Starks, have gone beyond carbon neutrality and are aiming for net-zero operations.

Fourth, “we must collectively do our part to mitigate climate change’s harmful effects at the network level”. With harsher weather patterns than previous generation, we should invest in networks that will keep communities connected during storms, floods, wildfires, and other disasters.

Starks, who has pitched environmental sustainability in telecommunications on a multiple occasions, advocated for players in the industry to be “as aggressive as possible with our climate commitments, and we should be as comprehensive as possible in our effort to comply with them.” This should include eliminating waste during the production phase, he said.

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FCC

FCC to Gather Information on Offshore Spectrum, Accurate 911 Call Routing

The FCC is examining the need and use cases for allocating spectrum for offshore use.

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Photo of Nathan Simington

WASHINGTON, June 8, 2022 – The Federal Communications Commission voted in an open meeting Wednesday to examine technology that can improve wireless 911 call routing, propose a fine for interrupting U.S. forest service radio communications, and to seek comment on offshore spectrum needs and uses.

The FCC voted to begin gathering information through public comment on the “possible current and future needs, uses, and impacts of offshore wireless spectrum use,” including for cruise ships, oceanography and wind turbine projects. Other options, like satellite-based systems, are available to provide service.

The construction and operation of windfarms in the Atlantic and Pacific oceans and communication services between at-sea vessels require offshore spectrum. The notice of inquiry asks what other cases exist that require offshore spectrum access that are not being provided for under existing models.

“We seek more broadly to understand the extent of the demand to use offshore spectrum and more generally where that demand is concentrated,” stated the inquiry.

“It is important that the FCC stay ahead of the curve in its consideration of upcoming commercial spectrum needs and this item does just that,” said commissioner Nathan Simington.

911 call routing

The FCC launched an examination into technology that could result in faster response times by more precisely routing wireless 911 calls to the correct call center.

Some wireless emergency calls are made near city or county borders where the closest call center is in the neighboring jurisdiction, resulting in lost time as calls are rerouted to the correct call center.

Since 2018, when the FCC issued a Notice of Inquiry seeking comment on feasibility of routing 911 calls based on location of the caller versus location of the cellular tower, there have been many advancements in location-based routing technology. The FCC issued a Public Notice Wednesday seeking updated information on these technologies and the feasibility of adopting them into public use.

Last month, AT&T announced a new technology that would allow dispatchers to get a more accurate location of distressed calls by using the phone’s GPS.

Proposed fine for violating radio interference rules

The FCC also proposed a $34,000 fine Wednesday against Jason Frawley who, in 2021, allegedly interfered with radio communications that were guiding firefighting during the 1000-acre wildfire near Elk River, Idaho.

Frawley reportedly admitted to a Forest Service supervisor that he broadcasted on government frequencies in direct defiance to the Communications Act which prohibits any interference with authorized radio communications.

Neither the allegations nor the proposed sanctions are final FCC actions, said the press release.

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