Senate Bill sb0762

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    Florida Senate - 2005                                   SB 762

    By Senator Haridopolos





    26-646-05

  1                      A bill to be entitled

  2         An act relating to multitenant access to

  3         telecommunication and voice-over-Internet

  4         protocol services; providing definitions

  5         relating to multitenant access; requiring that

  6         a provider of telecommunications services or

  7         voice-over-Internet protocol services be

  8         granted access to multitenant properties if the

  9         provider complies with certain standards;

10         specifying the duties of a landlord relating to

11         the installation of telecommunications services

12         and voice-over-Internet protocol services;

13         prohibiting a landlord from engaging in

14         specified acts; providing for the Public

15         Service Commission to have jurisdiction over

16         resolving disputes between providers of

17         telecommunications services or and

18         voice-over-Internet protocol services and

19         landlords; providing dispute-resolution

20         procedures and requirements; authorizing the

21         commission to impose certain penalties for

22         violations of the act; requiring the commission

23         to adopt rules; providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Multitenant access to telecommunications

28  services or voice-over-Internet protocol services.--

29         (1)  DEFINITIONS.--As used in this section, the term:

30         (a)  "Commission" means the Public Service Commission.

31  

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    Florida Senate - 2005                                   SB 762
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 1         (b)  "Emergency" means an interruption of service or a

 2  condition that poses a clear and immediate danger to life or

 3  health or that may result in a significant loss of property.

 4         (c)  "Exclusionary contract" means an agreement between

 5  a landlord and a provider by which the provider is given

 6  exclusive access to the landlord's property in order to

 7  provide telecommunications services or voice-over-Internet

 8  protocol services to the tenants in the landlord's property.

 9         (d)  "Landlord" means the owner of the property, the

10  owner's authorized representative, or any other person who has

11  control over any part of the property or telecommunications

12  facility within the property.

13         (e)  "Marketing agreement" means an agreement between a

14  landlord or property manager and a provider by which the

15  provider pays some form of remuneration to the landlord or

16  property manager for each tenant subscribing to the provider's

17  service.

18         (f)  "Multitenant property" means one or more buildings

19  or a part of a building which is rented, leased, hired out,

20  arranged, occupied, or designed to be occupied as the home or

21  residence of two or more families living independently of each

22  other; as the place of business of one or more persons, firms,

23  or corporations conducting business independently of each

24  other; or by any combination of families or persons, firms, or

25  corporations totaling three or more which are located on one

26  or more tracts of land which are adjoining or would be

27  adjoining in the absence of streets or other public

28  rights-of-way. The term does not include:

29         1.  A condominium, as defined in chapter 718, Florida

30  Statutes, when the condominium owners have delegated

31  responsibility for negotiating telecommunications services or

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    Florida Senate - 2005                                   SB 762
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 1  voice-over-Internet protocol services to a group of

 2  individuals, an entity, a board, or an association to act on

 3  behalf of the owners;

 4         2.  A cooperative, as defined in chapter 719, Florida

 5  Statutes, when the cooperative owners have delegated

 6  responsibility for negotiating telecommunications services or

 7  voice-over-Internet protocol services to a group of

 8  individuals, an entity, a board, or an association to act on

 9  behalf of the owners;

10         3.  A homeowners' association, as defined in chapter

11  617, Florida Statutes; or

12         4.  Short-term tenancies served by call aggregators as

13  defined by the commission.

14         (g)  "Provider" means a telecommunications company or a

15  provider of voice-over-Internet protocol services.

16         (h)  "Reasonable and necessary costs" means the

17  nondiscriminatory, reasonable, direct, and actual incremental

18  costs incurred by a landlord as a result of a provider's use

19  of the space. Costs include, but are not limited to, gross

20  revenue fees, rental charges, free fiber services,

21  telecommunications services, voice-over-Internet protocol

22  services, or any other form of compensation payable to a

23  landlord by a provider for access to the landlord's property.

24         (i)  "Space" means an area of the property which will

25  be used to install the facilities needed to provide

26  telecommunication services or voice-over-Internet protocol

27  services to a tenant on the property. The term includes, but

28  is not limited to, conduit, and may be located in, or on, the

29  rooftop of one or more buildings of the property.

30         (j)  "Telecommunications company" has the same meaning

31  as in section 364.02, Florida Statutes.

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 1         (k)  "Tenant" means an occupant in a multitenant

 2  property or an authorized subtenant of the occupant whose

 3  tenancy is subject to the terms of the primary lease. The term

 4  includes any person, corporation, or entity possessing an

 5  ownership interest in a condominium or cooperative which is

 6  not excluded from the definition of a multitenant property.

 7         (l)  "Voice-over-Internet protocol" means any

 8  Internet-protocol-enabled service offering real-time,

 9  multidirectional voice functionality, including, but not

10  limited to, a service that mimics traditional telephony.

11         (2)  INSTALLATION OF TELECOMMUNICATIONS SERVICES OR

12  VOICE-OVER-INTERNET PROTOCOL SERVICES IN A MULTITENANT

13  PROPERTY.--

14         (a)  A provider shall be granted access to space in a

15  multitenant property for the purpose of providing

16  telecommunications services or voice-over-Internet protocol

17  services using the following standards:

18         1.  A provider shall be granted access to the property

19  on a reasonable, nondiscriminatory, and technologically

20  neutral basis.

21         2.  Tenants, landlords, and providers shall make every

22  reasonable effort to negotiate terms and conditions for

23  access.

24         3.  A landlord may charge a provider or tenant the

25  reasonable and necessary costs of installation and removal of

26  a provider's network equipment and facilities.

27         4.  A landlord may impose conditions reasonably

28  necessary for the safety, security, and aesthetics of the

29  property.

30         (b)  A provider may install facilities in, on, across,

31  and over a landlord's property in order to provide

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    Florida Senate - 2005                                   SB 762
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 1  telecommunications services or voice-over-Internet protocol

 2  services to a tenant:

 3         1.  For a period no longer than the remaining term of

 4  the tenant's lease, unless otherwise agreed to by the provider

 5  and the landlord. If the tenant renews the lease, the

 6  agreement between the provider and the landlord automatically

 7  continues, without the need for renegotiation, for the term of

 8  the tenant's renewal of the lease; or

 9         2.  For a period longer than the remaining term of the

10  tenant's lease if the provider determines that it is in the

11  best interest of the provider to allow the facilities to

12  remain on the property:

13         a.  Without interference from the landlord, except as

14  provided in this subsection; and

15         b.  At terms, conditions, and, if applicable,

16  compensation rates, that are fair, reasonable,

17  nondiscriminatory, and competitively neutral.

18         (c)  A provider may construct, when necessary and at

19  its own cost, additional conduit facilities associated with

20  the installation.

21         (3)  LANDLORD RESPONSIBILITIES AND DUTIES WITH RESPECT

22  TO TELECOMMUNICATIONS SERVICES OR VOICE-OVER-INTERNET PROTOCOL

23  SERVICES IN A MULTITENANT PROPERTY.--

24         (a)  A landlord shall:

25         1.  Comply with all laws, rules, and regulations,

26  including, but not limited to, environmental laws, rules, and

27  regulations, applicable to the property;

28         2.  Grant to a provider, if requested, permission to

29  install an antenna on the roof of the property;

30         3.  Assist in locating and providing access to

31  available building riser and conduit;

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 1         4.  Identify the demarcation point on the property to

 2  the provider;

 3         5.  Be responsible for obtaining all necessary

 4  easements across another tenant's premises; and

 5         6.  Disclose to potential tenants the existence of any

 6  marketing agreement.

 7         (b)  A landlord may not:

 8         1.  Prevent or delay for more than 10 business days a

 9  provider intending to construct, install, operate, maintain,

10  repair, disconnect, replace, or remove telecommunications

11  facilities or voice-over-Internet protocol facilities on, in,

12  over, or across the property;

13         2.  Interfere with a provider's installation of

14  facilities on the property;

15         3.  Discriminate against a provider's installation of

16  facilities or with the terms or compensation by which a

17  provider gains access to the landlord's property to locate its

18  facilities and provide telecommunications services or

19  voice-over-Internet protocol services to a tenant on the

20  property;

21         4.  Demand an unreasonable or discriminatory payment of

22  any kind, or in any form, from a tenant or provider for

23  allowing a provider access to the property;

24         5.  Discriminate against a tenant in any manner,

25  including imposing a special rental charge, based on the

26  tenant's choice of a provider of telecommunications services

27  or voice-over-Internet protocol services;

28         6.  Erect any indirect or direct barriers to entry

29  which have the effect of delaying or denying a provider access

30  to the property or denying a tenant the right to choose his or

31  her provider;

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    Florida Senate - 2005                                   SB 762
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 1         7.  Enter into an exclusionary contract with a

 2  provider;

 3         8.  Prevent a provider from gaining access to the

 4  property during an emergency;

 5         9.  Deny access to space previously dedicated to public

 6  service if that space is sufficient to accommodate the

 7  facilities needed for access. However, a landlord may deny

 8  access to space if the space required for installation is not

 9  reasonably sufficient to accommodate the request or if the

10  installation would unreasonably interfere with the aesthetics

11  of the building;

12         10.  Charge a fee other than the reasonable and

13  necessary costs for the privilege of providing

14  telecommunications services or voice-over-Internet protocol

15  services to a tenant; or

16         11.  Demand a waiver of liability for, or

17  indemnification from, losses, costs, damages, expenses,

18  judgments, or claims to the extent caused by the landlord's

19  own negligence or willful misconduct.

20         (4)  DISPUTE RESOLUTION.--

21         (a)  The commission has exclusive jurisdiction to

22  resolve a dispute arising between a provider, tenant, or

23  landlord regarding the provision of telecommunications

24  services or voice-over-Internet protocol services in

25  multitenant property as set forth in this section.

26         (b)  A provider, landlord, or tenant may not initiate

27  an action for dispute resolution until:

28         1.  The tenant has initiated a request for

29  telecommunications services or voice-over-Internet protocol

30  services to a provider;

31  

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 1         2.  The tenant has forwarded an oral notice to the

 2  landlord that the tenant has requested service from a

 3  provider;

 4         3.  The tenant has forwarded a written notice to the

 5  landlord if the landlord has been unresponsive to the tenant's

 6  oral request for access for 5 business days; and

 7         4.  The landlord fails to respond to the written

 8  request by 10 business days after receiving the written

 9  request and has denied access to the provider, or the parties

10  cannot agree on reasonable and nondiscriminatory terms for

11  access.

12  

13  Thereafter, the provider or tenant may file a petition with

14  the commission for dispute resolution.

15         (c)  The commission shall resolve a dispute no later

16  than 120 days after the provider or tenant files a petition.

17         (5)  PENALTIES.--The commission may impose the

18  penalties prescribed in section 364.285, Florida Statutes,

19  against any person who refuses to comply with or who willfully

20  violates any rule or order of the commission.

21         (6)  RULES.--The commission shall adopt rules to

22  administer this section.

23         Section 2.  This act shall take effect upon becoming a

24  law.

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    Florida Senate - 2005                                   SB 762
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires that a provider of telecommunications services
      or voice-over-Internet protocol services be granted
 4    access to multitenant properties if the provider complies
      with certain standards. Specifies the duties of a
 5    landlord relating to the installation of
      telecommunications services and voice-over-Internet
 6    protocol services. Prohibits a landlord from doing
      specified acts. Provides for the Public Service
 7    Commission to have jurisdiction over dispute resolution
      between providers of telecommunications services and
 8    voice-over-Internet protocol services and landlords.
      Provides dispute-resolution procedures and requirements.
 9    Authorizes the commission to impose certain penalties for
      violations of the act. Directs the commission to adopt
10    rules.

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