[Congressional Record Volume 145, Number 94 (Tuesday, June 29, 1999)]
[Senate]
[Pages S7824-S7826]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. STEVENS (for himself, Mr. Lott, Mr. Hollings, and Mr. 
        Dorgan):
  S. 1301. 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; to the Committee on Commerce, Science, and Transportation.


              competitive access to federal buildings act

  Mr. STEVENS. Mr. President, today I introduce, along with Senators 
Lott, Hollings, and Dorgan, a bill to ensure that the Federal 
Government stands behind its pledge to foster true competition in the 
provision of local telecommunications services.
  While competition in the local telecommunications sector is growing, 
new

[[Page S7825]]

entrants using terrestrial fixed wireless or satellite services lack of 
the significant advantages of incumbent local exchange carriers when it 
comes to gaining access to many buildings. This is particularly true 
when it comes to access to rooftops and to the internal risers and 
conduits linking the rooftop to the basement, where the access point to 
the internal phone wiring is usually located.
  In some instances these wireless local carriers are welcomed by 
building owners and landlords with open arms; however, more often than 
not they meet resistance, are rejected, or just plain ignored. I 
believe the Federal Government should do more to ensure a level playing 
field for these new entrants to compete on.
  Our bill is designed to spur competition and to hopefully save 
taxpayer dollars. We focus in this legislation only upon buildings 
owned by the Federal Government or where the Federal Government is a 
lessee.
  The inspiration of this bill comes from States which have moved to 
encourage access by competitors. Connecticut and Texas have both 
enacted measures to promote nondiscriminatory 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 and information services.
  This bill takes a similar approach to that enacted by the States, and 
requires that nondiscriminatory access be provided to all 
telecommunications carriers seeking to provide service to federally-
owned buildings and buildings in which Federal agencies are tenants. 
The National Telecommunications and Information Administration of the 
Department of Commerce, the NTIA, which is the Agency that coordinates 
telecommunications policy for Federal agencies, is tasked with 
implementing this requirement.

  Building owners can easily meet the requirements of this bill. They 
can either certify that they are already bound to provide 
nondiscriminatory access under State law or they can commit in writing 
that they will provide such access as a matter of contract.
  This bill does not mandate that every building must use the services 
of these new competitors. What it does say is that the Federal 
Government should lead by example.
  This bill does not mandate a takings. Owners and operators can charge 
a nondiscriminatory fee for the rooftop and conduit space these 
technologies use to provide local service--which I am encouraged to say 
is quite small.
  Owners and operators may impose reasonable requirements to protect 
the safety of the tenants and the condition of the property.
  Any damage caused as a result of installing these services will be 
borne by the telecommunications carrier.
  The carriers must pay for the entire cost of installing, operating, 
maintaining, and removing any facilities they provide.
  The bill will not adversely impact the ability of Federal agencies to 
obtain office space. Federal agency heads may waive the requirements of 
this bill if enforcement of the bill would result in the agency being 
unable to obtain suitable space in a geographic area.
  The President may also waive the nondiscriminatory access provisions 
for any building if they are determined to be contrary to the interests 
of national security.
  I look forward to working with NTIA, the General Services 
Administration, and private building owners who have a leasing 
relationship with the Federal Government to carry out the purpose of 
this bill.
  My goal is to ensure that the Federal Government sets a good example. 
I hope it will become the standard in the private sector. Businesses 
should demand that building owners provide every opportunity for 
competitive choice in telecommunications providers.
  Access to Federal buildings or a building that is housing Federal 
workers should be encouraged. This bill is a further step in 
implementing the promise of the Telecommunications Act which Congress 
enacted.
  It will help ensure that telecommunications providers can compete 
fairly on the basis of the cost and quality of the services provided.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                S. 1301

       Be it enacted by the Senate and the 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 nondiscriminatory 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

[[Page S7826]]

     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.
                                 ______