Rosenworcel Circulates MTE Broadband Item

FCC Chairwoman Jessica Rosenworcel circulated an order and declaratory ruling on broadband access in multi-tenant environments, said a news release (see 2111220047). “With more than one-third of the U.S. population [living] in apartments, mobile home parks, condominiums, and public housing, it’s time to crack down on practices that lock out broadband competition and consumer choice,” Rosenworcel said. The item would prohibit providers from "entering into graduated revenue sharing agreements or exclusive revenue-sharing agreements with a building owner," require that providers disclose "in plain language" to tenants any existing exclusive marketing arrangements with building owners, and "end a practice that circumvents the FCC’s cable inside wiring rules by clarifying that existing commission rules prohibit sale-and-leaseback arrangements that effectively block access to alternative providers." The FCC sought comment in September. The record "revealed a pattern of new practices that inhibit competition ... and limit opportunities for competitive providers to offer service for apartment, condo and office building unit tenants," Friday's news release said, noting such practices could affect consumer access to the affordable connectivity program. The proposal is "welcome news," said Consumer Reports Senior Policy Council Jonathan Schwantes in a statement, adding it's "time to finally put an end to practices and close loopholes that stifle broadband competition and consumer choice." There are "significant barriers to [MTE] competition," said a Small Business Administration Office of Advocacy letter posted Friday in docket 17-142. SBA recommended conducting an economic analysis examining the impact of prohibiting exclusivity agreements on competition and broadband deployment. Providers should be required to "be more transparent about any agreements."