Forced Access Debate Moves to the States.

Knowing that giving all telecom providers a presumptive right to enter any property actually decreases competition and drives new telecom providers out of the market, NAA/NMHC have, since 1994, actively opposed efforts by telecom providers to secure unfettered access to apartment properties without prior permission from building owners. We were instrumental in influencing regulations issued last year by the Federal Communications Commission (FCC). As a result of our outreach, the FCC's final rules retain the right of apartment firms to enter into exclusive contracts with specific telecom providers. (Exclusive contracts were prohibited for non-residential property owners.) We also successfully opposed numerous "forced access" bills in the last Congress. This year, action on forced access has moved to the states, and in some cases, local level. Last year we defeated forced access measures in Georgia, Kansas, Oklahoma and Tennessee. So far this year, we have been able to turn back similar efforts in Washington and Texas with extensive education campaigns. On June 4, Mark Fogelman, with Fogelman Properties, testified on behalf of NAA/NMHC at a special meeting of regulatory commissioners from eleven southeastern states. His testimony refuted any notions that forced access somehow increases the level of competition. NAA/NMHC members should contact Jim Arbury at [e-mail] at the first sign of any proposed forced access or telecom measures in their state/locality.

Information compiled by NAA/ NMHC Joint Legislative Staff: Senior Vice President Clarine Nardi Riddle; Vice President of Tax Jim Arbury; Vice President Finance and Technology David Cardwell; Vice President of Communications Kim Duty; Vice President of Property Management Jay Harris; Vice President of Environment Eileen Lee; Vice President of Building Codes Ron Nickson; and Mark Obrinsky, Chief Economist and Vice President of Research.