HB 1023

1
A bill to be entitled
2An act relating to multitenant access to
3telecommunications and voice-over-Internet protocol;
4providing definitions; providing for telecommunications
5and voice-over-Internet protocol services access to
6multitenant environments; providing standards; prohibiting
7certain contracts; providing for dispute resolution;
8providing procedures and requirements; requiring the
9Public Service Commission to adopt rules to implement
10multitenant access; prohibiting certain compensation of
11landlords under certain circumstances; providing for
12imposition of penalties; providing an effective date.
13
14     WHEREAS, the Legislature finds that the competitive
15provision of telecommunications services and voice-over-Internet
16protocol is in the public interest and will provide customers
17with freedom of choice, encourage the introduction of new
18telecommunications services and voice-over-Internet protocol,
19and encourage technological innovation along with investment in
20telecommunications infrastructure, and
21     WHEREAS, legislation that will permit telecommunications
22service and voice-over-Internet protocol providers to gain
23access to multiple-tenant environments in order to serve
24potential and actual customers on a fair, reasonable,
25nondiscriminatory, and competitively neutral basis is in the
26public interest, and
27     WHEREAS, the Legislature believes that it is in the public
28interest to set policies and procedures by which a property
29owner may grant to telecommunications companies and voice-over-
30Internet protocol providers access to a multitenant property in
31order to construct, install, own, operate, maintain, repair,
32disconnect, replace, or remove fiber optic cable, associated
33equipment, or any ancillary equipment necessary to make
34available telecommunications services and voice-over-Internet
35protocol in, on, over, or across the multitenant property, and
36     WHEREAS, the Legislature believes it is in the public
37interest to set minimum standards and guiding principles to
38allow telecommunications companies and voice-over-Internet
39protocol providers to gain access to multitenant properties to
40provide equal access to these companies in a competitive
41marketplace, and
42     WHEREAS, the Legislature believes the tenants should have
43the right to freely choose a telecommunications company and
44voice-over-Internet protocol provider, to prohibit a property  
45owner from discriminating among telecommunications companies and
46voice-over-Internet protocol providers, and to prohibit a
47property owner from preventing these telecommunication companies
48and voice-over-Internet protocol providers from installing
49facilities in, on, over, and across its property, and
50     WHEREAS, the Legislature believes that the tenants' right
51to choose a telecommunications company or voice-over-Internet
52protocol provider must be balanced with the property owners'
53right to manage access to the property and the
54telecommunications companies' and voice-over-Internet protocol
55providers' right to access the property in order to serve
56parties on the property, and
57     WHEREAS, the Legislature believes that it is necessary
58to confirm the right of a telecommunications company and voice-
59over-Internet protocol provider to access any property, and
60     WHEREAS, the Legislature also finds that an important
61public purpose is achieved by providing access to multitenant
62environments, public and private, residential and
63nonresidential, for telecommunications companies and voice-over-
64Internet protocol providers seeking to promote competition and
65choice in delivering telecommunications services, NOW,
66THEREFORE,
67
68Be It Enacted by the Legislature of the State of Florida:
69
70     Section 1.  Multitenant environments; regulation; access;
71Florida Public Service Commission jurisdiction.--
72     (1)  As used in this section, the term:
73     (a)  "Reasonable and necessary costs" means the
74nondiscriminatory, reasonable, direct, and actual incremental
75costs incurred by a landlord as a result of a telecommunications
76company's or voice-over-Internet protocol provider's use of the
77space. Costs shall not include gross revenue fees, rental
78charges, free fiber or telecommunications services and voice-
79over-Internet protocol, or any other form of compensation
80payable by a telecommunications company or voice-over-Internet
81protocol provider for access to property. This list is not
82intended to be exhaustive.
83     (b)  "Emergency" means an interruption of service or a
84condition that poses a clear and immediate danger to life or
85health or a significant loss of property.
86     (c)  "Exclusionary contract" means an agreement between a
87landlord and a telecommunications company or voice-over-Internet
88protocol provider in which the company or provider is given
89exclusive access to the landlord's property for the purpose of
90providing telecommunications service or voice-over-Internet
91protocol.
92     (d)  "Marketing agreement" means an agreement between a
93landlord or property manager and a telecommunications company or
94voice-over-Internet protocol provider in which the
95telecommunications company or voice-over-Internet protocol
96provider provides some form of remuneration to the landlord or
97property manager for each tenant subscribing to the service of
98the telecommunications company or voice-over-Internet protocol
99provider.
100     (e)  "Multitenant environment" means building or buildings
101or a part of a building, which is rented, leased, hired out,
102arranged or designed to be occupied, or is occupied:
103     1.  As the home or residence of two or more families living
104independently of each other;
105     2.  As the place of business of one or more persons, firms,
106or corporations conducting business independently of each other;
107or
108     3.  By any combination of such families and such persons,
109firms, or corporations totaling three or more, and which are
110located on a single tract of land or tracts of land that are
111adjoining or would be adjoining in the absence of streets or
112other public rights-of-way.
113
114The term also includes any type of structure, ownership
115interest, and tenancy with multiple owners or tenants except
116condominiums, as defined in chapter 718, Florida Statutes, in
117which the condominium owners have delegated responsibility to a
118group of individuals, an entity, a board, or an association to
119secure one provider of telecommunications services and voice-
120over-Internet protocol for all end users in the condominium;
121cooperatives, as defined in chapter 719, Florida Statutes, in
122which the cooperative owners have delegated responsibility to a
123group of individuals, an entity, a board, or an association to
124secure one provider of telecommunications services or voice-
125over-Internet protocol for all end users in the cooperative;
126homeowners' associations, as defined in chapter 720, Florida
127Statutes; and short-term tenancies served by call aggregators as
128defined by the Florida Public Service Commission.
129     (f)  "Landlord" means owner of the property, its authorized
130representatives, and any and all parties that have control over
131any part of the property or telecommunications facility within
132the property.
133     (g)  "Space" means any area of the property that will be
134used to install the facilities needed to provide
135telecommunications services and voice-over-Internet protocol on
136the property. Space includes, but is not limited to, conduit and
137may be located in or on the rooftop of a building or buildings
138of the property.
139     (h)  "Tenant" means any occupant in a multitenant
140environment or any authorized subtenant of such occupant whose
141occupancy is subject to the terms of the primary lease. The term
142includes any person, corporation, or entity possessing an
143ownership interest in a condominium or cooperative that is not
144excluded from the definition of a multitenant environment.
145     (i)  "Voice-over-Internet protocol" means any Internet-
146protocol-enabled services offering real-time, multidirectional
147voice functionality, including, but not limited to, services
148that mimic traditional telephony.
149     (2)  A telecommunications company or voice-over-Internet
150protocol provider shall have access to space in multitenant
151environments to provide telecommunications services and voice-
152over-Internet protocol pursuant to the following standards:
153     (a)  Access shall be granted on a reasonable,
154nondiscriminatory, and technologically neutral basis.
155     (b)  Tenants, landlords, and telecommunications companies
156or voice-over-Internet protocol providers shall make every
157reasonable effort to negotiate terms and conditions for access.
158     (c)  A landlord may charge a telecommunications company,
159voice-over-Internet protocol provider, or tenant the reasonable
160and necessary costs of installation and removal of the company's
161or voice-over-Internet protocol provider's network equipment and
162facilities.
163     (d)  A landlord may impose conditions reasonably necessary
164for the safety, security, and aesthetics of the property.
165     (3)  A landlord shall:
166     (a)  Comply with all laws, rules, and regulations,
167including, but not limited to, environmental laws, rules, and
168regulations, applicable to the property.
169     (b)  Grant to a telecommunications company or voice-over-
170Internet protocol provider, if requested, permission to install
171antennas on the roof of the property.
172     (c)  Assist in locating and providing access to available
173building riser and conduit, and the telecommunications company
174or voice-over-Internet protocol provider shall have the right to
175construct, where necessary and at its sole cost, additional
176conduit facilities associated with the facilities.
177     (d)  Identify the demarcation point on the property to the
178telecommunications company or voice-over-Internet protocol
179provider.
180     (e)  Be responsible for obtaining all necessary easements
181across another tenant's premises.
182     (f)  Disclose to potential tenants the existence of any
183marketing agreement.
184     (4)  A landlord shall not:
185     (a)  Prevent or delay more than 10 business days a
186telecommunications company or voice-over Internet protocol
187provider from constructing, installing, operating, maintaining,
188repairing, disconnecting, replacing, or removing facilities on,
189in, over, and across the property.
190     (b)  Interfere with the telecommunications company or
191voice-over-Internet protocol provider installation of facilities
192on the property.
193     (c)  Discriminate against a telecommunications company or
194voice-over-Internet protocol provider installation, terms, or
195compensation by which a telecommunications company or voice-
196over-Internet protocol provider gains access to place its
197facilities and provide its telecommunications services or voice-
198over-Internet protocol to a tenant on the property.
199     (d)  Demand an unreasonable or discriminatory payment of
200any kind, or in any form, from a tenant or a telecommunications
201company or voice-over-Internet protocol provider for allowing
202the telecommunications company or voice-over-Internet protocol
203provider access to the property.
204     (e)  Discriminate against a tenant in any manner, including
205rental charge discrimination, based on its choice of
206telecommunications company or voice-over-Internet protocol
207provider.
208     (f)  Erect any indirect or direct barriers to entry that
209have the effect of delaying or denying a telecommunications
210company or voice-over-Internet protocol provider access to the
211property, or denying a tenant the right to choose its service
212provider.
213     (g)  Enter into exclusive access agreements or exclusionary
214agreements with any telecommunications company or voice-over-
215Internet protocol provider.
216     (h)  Prevent a telecommunications company or voice-over-
217Internet protocol provider from gaining access to the property
218during an emergency.
219     (i)  Deny access to space previously dedicated to public
220service if that space is sufficient to accommodate the
221facilities needed for access; however, a landlord may deny
222access to space if the space required for installation is not
223reasonably sufficient to accommodate the request or when the
224installation would unreasonably interfere with the aesthetics of
225the building.
226     (j)  Charge a fee other than the reasonable and necessary
227costs for the privilege of providing telecommunications service
228and voice-over-Internet protocol to a tenant.
229     (k)  Demand a waiver of liability for, or indemnification
230from, losses, costs, damages, expenses, judgments, or claims to
231the extent caused by the landlord's own negligence or willful
232misconduct.
233     (5)  The telecommunications company or voice-over-Internet
234protocol provider has the right to install facilities in, on,
235across, and over the property in order to provide
236telecommunications services or voice-over-Internet protocol to
237tenants:
238     (a)  For a period no longer than the remaining term of the
239tenant's lease unless otherwise agreed to by the
240telecommunications company or voice-over-Internet protocol
241provider and the landlord. Should the tenant's lease renew, the
242agreement between the telecommunications company or voice-over-
243Internet protocol provider and the landlord automatically
244continues, without the need for renegotiation, for the term of
245the tenant's renewal.
246     (b)  For a period longer than the remaining term of the
247tenant's lease if the telecommunications company or voice-over-
248Internet protocol provider has determined it is in the best
249interest of the company or provider to allow its facilities to
250remain on the property:
251     1.  Without interference from the landlord, except as
252provided in this subsection.
253     2.  At terms, conditions, and, if applicable, compensation
254rates which are fair, reasonable, nondiscriminatory, and
255competitively neutral.
256     (6)  The Florida Public Service Commission shall have
257exclusive jurisdiction for the purpose of resolving disputes
258arising between telecommunications companies or voice-over-
259Internet protocol providers, tenants, and landlords concerning
260access to tenants for the provision of telecommunications
261services and voice-over-Internet protocol in multitenant
262environments as outlined in this section.
263     (a)  The following must occur before an action for access
264may be brought:
265     1.  After a tenant initiates a request to a
266telecommunications company or voice-over-Internet protocol
267provider for service, the telecommunications company or voice-
268over-Internet protocol provider and the tenant shall convey the
269request for service to the landlord.
270     2.  If a landlord is unresponsive to a request for access,
271a written request shall be submitted to the landlord.
272     3.  If the landlord fails to respond within 10 business
273days, if access is denied, or if reasonable and
274nondiscriminatory terms for access cannot be agreed upon, the
275telecommunications company or voice-over-Internet protocol
276provider and the tenant may file a petition with the commission
277for review.
278     (b)  In resolving disputes related to access, the
279commission shall apply the standards described and shall resolve
280the disputes on an expedited basis no later than 120 days after
281the filing of a petition.
282     (c)  The commission shall have the authority to adopt rules
283necessary to implement the provisions of this section. The
284commission shall have the power to impose upon any person or
285entity under this section that is found to have refused to
286comply with or to have willfully violated any lawful rule or
287order of the commission, the penalties and remedies prescribed
288in s. 364.285, Florida Statutes.
289     Section 2.  This act shall take effect upon becoming law.


CODING: Words stricken are deletions; words underlined are additions.