Competitive Access to Federal Buildings Act - Amends the National Telecommunications and Information Administration Organization Act to authorize the National Telecommunications and Information Administration to: (1) implement policies for federally-owned buildings and structures for providing non-discriminatory access to such buildings and structures for the provision of telecommunications or information services by telecommunications carriers; and (2) advise the Federal Communications Commission on the development of such policies for commercial property.
Prohibits a Federal agency from entering into a contract to rent or lease commercial property unless the property owner or operator permits such non-discriminatory access for a carrier that has obtained, where required, a Federal or State certificate of public convenience and necessity for the provision of such services and that seeks to provide such services to tenants.
Allows such owner or operator to: (1) charge a reasonable fee for such access; and (2) impose other reasonable, non-discriminatory requirements in connection with such access.
Prohibits a Federal agency from entering into a contract with an owner or operator unless such owner or operator agrees to resolve disputes regarding such access.
Authorizes the waiver of this Act's prohibitions on a case-by-case basis: (1) by a Federal agency head when such agency would be unable to obtain any suitable space in that area; and (2) by the President for national security reasons.
Directs the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Telecommunications and Information, to promulgate final rules to apply the requirements of this Act to all Federal buildings and structures.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1301 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 1301
To provide reasonable and non-discriminatory access to buildings owned
or used by the Federal Government for the provision of competitive
telecommunications services by telecommunications carriers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 29, 1999
Mr. Stevens (for himself, Mr. Lott, Mr. Hollings, and Mr. Dorgan)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide reasonable and non-discriminatory access to buildings owned
or used by the Federal Government for the provision of competitive
telecommunications services by telecommunications carriers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitive Access to Federal
Buildings Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) non-discriminatory access to, and use of, the rooftops,
risers, telephone cabinets, conduits, points of entry or
demarcation for internal wiring, and all utility spaces in or
on federal buildings and commercial property is essential to
the competitive provision of telecommunications services and
information services;
(2) incumbent telecommunications carriers often enjoy
access to such buildings and property through historic rights
of way that were developed before the advent of new means of
providing such services, in particular the provision of such
services using terrestrial fixed wireless or satellite services
that enter a building through equipment located on rooftops;
(3) the National Telecommunications and Information
Administration is the Federal agency tasked with developing
policies for the efficient and competitive use of emerging
technologies that combine spectrum use with the convergence of
communications and computer technologies for the utilization of
telecommunications services and information services by Federal
agencies;
(4) that several States, for example Connecticut and Texas,
have already enacted measures to promote non-discriminatory
access by telecommunications carriers to rooftops, risers,
conduits, utility spaces, and points of entry and demarcation
in order to promote the competitive provision of
telecommunications services and information services; and
(5) that the Federal Government should encourage States to
develop similar policies by establishing as Federal policy
requirements to promote non-discriminatory access to Federal
buildings and commercial property used by agencies of the
Federal Government so that taxpayers receive the benefits and
cost savings from the competitive provision of
telecommunications services and information services by
telecommunications carriers.
SEC. 3. ACCESS TO BUILDINGS FOR COMPETITIVE TELECOMMUNICATIONS
SERVICES.
The National Telecommunications and Information Administration
Organization Act (Title I of Public Law 102-538; 47 U.S.C. 901 et seq.)
is amended--
(1) in section 103(b)(2) (47 U.S.C. 902(b)(2)) by adding at
the end the following new subparagraph:
``(U) The authority to implement policies for
buildings and other structures owned or used by
agencies of the Federal Government in order to provide
for non-discriminatory access to such buildings and
structures for the provision of telecommunications
services or information services by telecommunications
carriers, and to advise the Commission on the
development of policies for non-discriminatory access
by such carriers to commercial property in general for
the provision of such services.''; and
(2) in section 105 (47 U.S.C. 904) by adding at the end the
following new subsection:
``(f) Prohibition on Discriminatory Access.--
``(1) In general.--No Federal agency shall enter into a
contract with the owner or operator of any commercial property
for the rental or lease of all or some portion of such property
unless the owner or operator permits non-discriminatory access
to, and use of, the rooftops, risers, telephone cabinets,
conduits, points of entry or demarcation for internal wiring,
easements, rights of way, and all utility spaces in or on such
commercial property, for the provision of telecommunications
services or information services by any telecommunications
carrier that has obtained, where required, a Federal or State
certificate of public convenience and necessity for the
provision of such services, and which seeks to provide or
provides such services to tenants (including, but not limited
to, the Federal agency for which such rental or lease is made)
of such property. Such owner or operator may--
``(A) charge a reasonable and non-discriminatory
fee (which shall be based on the commercial rental
value of the space actually used by the
telecommunications carrier) for such access and use;
``(B) impose reasonable and non-
discriminatory requirements necessary to protect the safety and
condition of the property, and the safety and convenience of tenants
and other persons (including hours when entry and work may be conducted
on the property);
``(C) require the telecommunications carrier to
indemnify the owner or operator for damage caused by
the installation, maintenance, or removal of any
facilities of such carrier; and
``(D) require the telecommunications carrier to
bear the entire cost of installing, operating,
maintaining, and removing any facilities of such
carrier.
``(2) State law or contractual obligation required.--No
Federal agency shall enter into a contract with the owner or
operator of any commercial property for the rental or lease of
all or some portion of such property unless the owner or
operator submits to such agency a notarized statement that such
owner or operator is obligated under State law, or is obligated
or will undertake an obligation through a contractual
commitment with each telecommunication carrier providing or
seeking to provide service, to resolve any disputes between
such telecommunication carriers and such owner or operator that
may arise regarding access to the commercial property or the
provision of competitive telecommunications services or
information services to tenants of such property. To meet the
requirements of this paragraph such State process or
contractual commitment must--
``(A) provide an effective means for resolution of
disputes within 30 days (unless otherwise required by
State law or agreed by the parties involved), either
through arbitration or order of a State agency or
through binding arbitration;
``(B) permit the telecommunications carrier to
initiate service or continue service while any dispute
is pending;
``(C) provide that any fee charged for access to,
or use of, building space (including conduits, risers,
and utility closets), easements or rights of way, or
rooftops to provide telecommunications service or
information service be reasonable and applied in a non-
discriminatory manner to all providers of such service,
including the incumbent local exchange carrier; and
``(D) provide that requirements with respect to the
condition of the property are limited to those
necessary to ensure that the value of the property is
not diminished by the installation, maintenance, or
removal of the facilities of the telecommunications
carrier, and do not require the telecommunications
carrier to improve the condition of the property in
order to obtain access or use.
``(3) Effective date.--Paragraphs (1) and (2) shall take
effect six months after the date of enactment of this
subsection for all lease or rental agreements entered into or
renewed by any Federal agency after such date.
``(4) Waiver permitted.--The requirements of paragraphs (1)
or (2) may be waived on a case by case basis--
``(A) by the head of the agency seeking space in a
commercial property upon a determination, which shall
be made in writing and be available to the public upon
request, that such requirements would result in the
affected agency being unable, in that particular case,
to obtain any space suitable for the needs of that
agency in that general geographic area; or
``(B) by the President upon a finding that waiver
of such requirements is necessary to obtain space for
the affected agency in that particular case, and that
enforcement of such requirements in that particular
case would be contrary to the interests of national
security.
Any determination under subparagraph (A) may be appealed by any
affected telecommunications carrier to the Assistant Secretary,
who shall review the agency determination and issue a decision
upholding or revoking the agency determination within 30 days
of an appeal being filed. The burden shall be on the agency
head to demonstrate through the written determination that all
reasonable efforts had been made to find suitable alternative
space for the agency's needs before the waiver determination
was made. The Assistant Secretary shall revoke any agency
determination made without all reasonable efforts being made.
The decision of the Assistant Secretary shall be binding on the
agency whose waiver determination was appealed.
``(5) Limitations.--
``(A) Nothing in this subsection shall waive or
modify any requirements or restrictions imposed by any
Federal, State, or local agency with authority under
other law to impose such restrictions or requirements on the provision
of telecommunications services or the facilities used to provide such
services.
``(B) Refusal by an owner to provide access to a
telecommunications carrier seeking to provide
telecommunications services or information services to
a commercial property due to a demonstrated lack of
available space at a commercial property on a rooftop
or in a riser, telephone cabinet, conduit, point of
entry or demarcation for internal wiring, or utility
space due to existing occupation of such space by two
or more telecommunications carriers providing service
to that commercial property shall not be a violation of
paragraphs (1)(B) or (2)(D) if the owner has made
reasonable efforts to permit access by such
telecommunications carrier to any space that is
available.
``(6) Definitions.--For the purposes of this subsection the
term--
``(A) `Federal agency' shall mean any executive
agency or any establishment in the legislative or
judicial branch of the Government;
``(B) `commercial property' shall include any
buildings or other structures offered, in whole or in
part, for rent or lease to any Federal agency;
``(C) `incumbent local exchange carrier' shall have
the same meaning given such term in section 251(h) of
the Communications Act of 1934 (47 U.S.C. 251(h)); and
``(D) `information service', `telecommunications
carrier', and `telecommunications service' shall have
the same meaning given such terms, respectively, in
section 3 of the Communications Act of 1934 (47 U.S.C.
153).''.
SEC. 4. APPLICATION TO PUBLIC BUILDINGS.
Within six months after the date of enactment of this Act the
Secretary of Commerce, acting through the Assistant Secretary of
Commerce for Telecommunications and Information, shall promulgate final
rules, after notice and opportunity for public comment, to apply the
requirements of section 105(f) of the National Telecommunications and
Information Administration Organization Act, as added by this Act, to
all buildings and other structures owned or operated by any Federal
agency. In promulgating such rules the Assistant Secretary may, at the
direction of the President, exempt any buildings or structures owned or
operated by a Federal agency if the application of such requirements
would be contrary to the interests of national security. The Assistant
Secretary shall coordinate the promulgation of the rules required by
this section with the Administrator of the General Services
Administration and the heads of any establishments in the legislative
and judicial branches of government which are responsible for buildings
and other structures owned or operated by such establishments. Such
rules may include any requirements for identification, background
checks, or other matters necessary to ensure access by
telecommunications carriers under this section does not compromise the
safety and security of agency operations in government owned or
operated buildings or structures. For the purposes of this section, the
term ``Federal agency'' shall have the same meaning given such term in
section 105(f)(6) of the National Telecommunications and Information
Administration Organization Act, as added by this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S7824-7825)
Read twice and referred to the Committee on Commerce.
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