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

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 Clark, Editor 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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