Public Knowledge Says Comprehensive Multi-Tenant Exclusivity Bans Needed for Competition

WASHINGTON, March 14, 2022 – A panelist at March 2 Broadband Breakfast live event said the Federal Communications Commission will have to ban all exclusive agreements in multi-tenant housing in order to make service provider competition within them fair.

“Until the FCC bans all types of exclusive agreements, I don’t think we’re going to have the competition that we need to see for consumers,” said Jenna Leventroff, a Senior Policy Council at Public Knowledge, a non-profit that advocates for an open internet.

The comment comes after the FCC adopted rules on February 15 that give tenants in apartments and office buildings more transparency, competition and choice for broadband services. These final rules bar ISPs from entering into exclusive revenue-sharing arrangements with landlords of multi-tenant buildings; require providers to disclose to tenants “in plain language” the existence of exclusive marketing arrangements; and clarify rules to allow for multiple service providers to use building wires to deliver service.

But the agency stopped short of banning exclusive marketing contracts.

While Leventroff applauded the FCC for the work it did, she said she feels there is more to be done to ensure that competition within the broadband industry is flourishing. Once there is more competition for ISPs within multi-tenant housing, Leventroff predicts that prices will lower for the consumer.

“I think the FCC made great steps here. I think they did as much as they could do without having a full FCC,” said Leventroff, referring to the fact that the FCC is still without a fifth commissioner. President Joe Biden’s nominee for that spot, Gigi Sohn, is still up for votes in the Senate.

This photo was taken from the event.

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Wednesday, March 2, 2022, 12 Noon ET — Will New FCC Rules Change Competition in Multi-Tenant Environments?

The FCC adopted rules on February 15 that give tenants in apartments and office buildings more transparency, competition and choice for broadband services. These final rules bar ISPs from entering into certain exclusive arrangements with landlords of multi-tenant buildings; require providers to disclose to tenants “in plain language” the existence of exclusive marketing arrangements; and clarify rules to allow for multiple service providers to use building wires to deliver service. What options does this leave for tenants, and owners, of multiple-dwelling units? Some believe that this will open up choice to millions of people in U.S. multi-tenant environments. Others believe that this is more of the same. We’ll hear from experts on all sides of this controversy.

Panelists for this Broadband Breakfast Live Online session:

• Corey Johnson, Managing Partner, JBRI Holdings
• Reg Weiser, Founder and CEO, Positron Access Solutions
• Jenna Leventoff, Senior Policy Counsel, Public Knowledge
• Bryan Rader, President of Pavlov Media
• Joe Plotkin, Director of Business Development, Stealth Communications
• Drew Clark (presenter and host), Editor and Publisher, Broadband Breakfast

Panelist resources:

Jessica Rosenworcel Tackles Multiple Dwelling Broadband at INCOMPAS Summit

Observers from the event say the chairwoman’s remarks were her most substantive yet on the matter.

Broadband BreakfastAshlan Gruwell

FCC Chairwoman Rosenworcel Shares Proposal to Promote Broadband Competition In Apartment Buildings

If adopted, the FCC’s regulations would increase broadband options for tenants.

Broadband BreakfastJustin Perkins

Housing, Public Interest Groups Oppose Multitenant Exclusivity Agreements

The FCC is looking at how to promote broadband competition and access in buildings.

Broadband BreakfastAhmad Hathout

JBRI is on a mission to invest in communities for a more sustainable future by building smart cities with an integrated approach to real estate, clean energy, and digital. Corey Johnson is a Managing Partner at JBRI Holdings where he oversees Smart City investing at the firm.

Reg Weiser is the founder and CEO of Positron Access Solutions, an innovative telecom equipment manufacturer that enables Gigabit services over telephone and coax wiring. He was a recipient of the Quebec Entrepreneur of the Year Award, Export Canada Award, and in 2005 was inducted in the Canadian Engineering Academy. Reg’s passion is to help North America become a leader in high-speed broadband penetration.

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.

Bryan Rader has more than two decades of experience in the multi-family broadband industry. He was the founder of MediaWorks, one of the most successful private cable operators in the southeast before its sale in 2006. He was also the founder of Bandwidth Consulting LLC in 2007, where he provided consulting services to MDU owners and service providers. In 2017, he joined Upstream Network (formerly Access Media 3) as its president. The industry’s largest private service, UpStream is based in Chicago. Rader, the recipient of the 2019 Broadband Communities Cornerstone Award for Industry Leadership, is an active supporter of autism research and awareness.

Joe Plotkin is Director of Business Development for Stealth Communications, a fiber ISP serving businesses in NYC. He also serves on the Board of Directors for the Internet Society’s New York Chapter. Joe holds a Masters degree from NYU’s Interactive Telecommunications Program.

Drew Clark is the Editor and Publisher of BroadbandBreakfast.com and a nationally-respected telecommunications attorney. Drew brings experts and practitioners together to advance the benefits provided by broadband. Under the American Recovery and Reinvestment Act of 2009, he served as head of a State Broadband Initiative, the Partnership for a Connected Illinois. He is also the President of the Rural Telecommunications Congress.

Photo by BlueprintRF

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