Property Owners Support Push for FCC Pre-Emption of San Francisco Law; Others Disagree

Building and real-estate groups backed a bid for FCC pre-emption of a San Francisco code that requires multi-tenant buildings to allow occupants to request access to competing communications service providers (see 1612150006). Initial comments "overwhelmingly support" the petition of the Multifamily Broadband Council to pre-empt Article 52 of the San Francisco Police Code, which "conflicts with federal law, will impede broadband deployment and infrastructure investment in multiple dwelling units ('MDUs') and will increase prices and reduce service quality for MDU residents," replied the National Multifamily Housing Council. Most replies were posted Friday and Monday in docket 17-91. Initial comments (see 1705190040) showed Article 52 "will harm competition, MDU residents, and building owners in San Francisco" by stripping "providers of the ability to secure financing for broadband deployment," replied MBC. Others filing replies backing the petition were: Alliance Residential; Camden Property Trust, Essex Property Trust; InfoSmart Partners and Converged Service Partners; Mill Creek Residential Trust; Sares Regis Group, Sequoia Equities and RealtyCom Partners; and a group of 24 apartment owners. San Francisco replied that the advocates of the petition largely ignored that it concerns whether federal law and FCC regulations pre-empt Article 52: "While many of the proponents ask the Commission to find that Article 52 'conflicts' with federal law and Commission policy, they provide scant legal analysis and nothing supporting such a finding. Rather, they urge the Commission to find that the policy reasons for adopting Article 52 are misguided and that San Francisco’s law, while intended to foster competition, 'discourages competition' and 'infrastructure investment' in [MDUs]. ... What is clear from the proponents’ comments is that they like the status quo." Industry providers and property owners backing the petition want the FCC "to allow them to continue to operate under the exclusive access agreements they have enjoyed," San Francisco said. Also filing replies in opposition to the petition were Boston, Fiber Broadband Association and Incompas. Article 52 is a "pro-competitive, barrier-removing local ordinance, with a now-proven track record for helping providers gain access" to MDUs, Incompas replied. FCC members tentatively plan to vote June 22 on a notice of inquiry that would seek comment on ways to improve competitive broadband access in multi-tenant buildings (see 1706010049).