Caltel Backs San Francisco Call for FCC Comment Extension on Pre-Emption Request

A California telecom group backed a San Francisco request to extend FCC comment dates on a Multifamily Broadband Council (MBC) petition for federal pre-emption of a San Francisco ordinance mandating ISP competitive choice in multi-tenant buildings (see 1612150006). Members of the California Association of Competitive Telecommunications Companies "have benefitted from the ordinance, and the request extensions would greatly enhance CALTEL's ability to contribute more comprehensive comments," said the group's filing Tuesday in docket 17-91. The MBC asked the FCC to say "Article 52 of the San Francisco Police Code is preempted by federal law and policy," said an April 4 FCC Media Bureau public notice, which set comments for May 4, replies May 19. MBC said Article 52 requires a multiple occupancy building owner to permit competing "communications service provider[s] onto his or her property upon the request of an ‘occupant,’ and to permit the additional providers to use the property owner’s existing wiring even if another provider is already using it,” the PN said. "MBC argues that Article 52 conflicts with the Commission’s policies on (1) competitive access to inside wiring in multiple dwelling unit buildings, (2) bulk billing arrangements, and (3) network unbundling. MBC also asserts that federal laws with respect to inside wiring are so dominant as to preempt the field of law that Article 52 occupies."