In an unusual shout-out to an independent agency decision, the White House issued a press release Wednesday (February 16) promoting the FCC's decision to try and boost competition for broadband in apartment buildings and other multi-tenant buildings.

White House press secretary Jen Psaki had tweeted the day before following the unanimous decision, essentially crediting the President for the decision: "Have you lived in an apartment building that only allowed ONE internet provider? Thanks to @POTUS Competition agenda, today @FCC voted to crack down on 'sweetheart deals' between landlords & service providers. We are helping lower the price of internet for millions of Americans."

The follow-up press release Wednesday included that tweet, as well as one from White House Director of the National Economic Council Brian Deese saying the FCC decision was a crucial milestone in the Administration effort to boost competition and lower prices for broadband.

The press release pointed out that the President had called for "unlocking" competition in multiple dwelling units in an executive order on promoting competition. Independent agencies like the FCC and FTC, are not, however, subject to executive orders. ■

The FCC has unanimously voted to close what it says are loopholes that have allowed broadband providers to evade rules meant to give tenants in Multi-Tenant Environments (MTEs) — such as apartments, condos or mobile homes — more choice among internet services.

FCC chair Jessica Rosenworcel Friday (January 21) circulated a Report and Order and Declaratory Ruling to the other commissioners, which they have now adopted, according to her office.

The new rules:

1) Prohibit providers and dwelling owners (park owners in the case of mobile homes) from striking exclusive revenue-sharing agreements;

2) Require providers to let tenants know “in plain language” if they have exclusive marketing arrangements with building owners — though importantly it does not prohibit such arrangements.

A separate declaratory ruling clarifies that existing FCC rules on cable inside wiring disallows sale-and leaseback arrangements that the FCC also said block access to competitive offerings.

Also: FCC Seeks Input on Broadband and MTEs

Rosenworcel said Tuesday (February 15) that the new rules "will crack down on practices that prevent competition and effectively block a consumer’s ability to get lower prices or higher quality services," saying that a third of the country now lives in multi-tenant buildings, often with only one choice of broadband provider. 

“Finally, competition comes to the condo. I feel like we just knocked down an old monopoly skyscraper at the FCC," said Chip Pickering CEO of INCOMPAS, which represents competitive carriers. “Introducing more broadband choice will unlock lower prices, faster speeds and better customer service for tens of millions of Americans living in apartment buildings and other multi-tenant environments. By ending broadband monopolies in buildings and enabling greater competition, we can kickstart a deployment revolution for fiber and faster speed services that cost less and deliver more to one third of American families living, working and studying from an apartment they call home." 

“Today’s decision promises to offer more: more broadband choice to more Americans," said Benton Senior Counselor Andrew Jay Schwartzman. "I suspect that the scope of this problem has been underestimated. I do know, from personal experience, that it has been too easy to evade the current rules so that homeowners and tenants lost the benefits of competitive pricing and choice of internet providers. This order is a very good thing.”

"This is a great win for broadband consumers," said Jonathan Schwantes, senior policy counsel for Consumer Reports. "The proposal by chairwoman Jessica Rosenworcel will eliminate loopholes that internet service providers have exploited to limit choice and increase cost for consumers. Policies that introduce more options for consumers and competition in the broadband marketplace will ultimately create lower prices and better quality of service for consumers." ■

The Federal Communications Commission is proposing to close what it says are loopholes that have allowed broadband providers to evade rules that are supposed to allow tenants in Multi-Tenant Environments (MTEs) — such as apartments, condos or mobile homes — to have choice among internet services.

The agency in September asked for a new round of comments on its proceeding. FCC chairwoman Jessica Rosenworcel Friday (Jan. 21) circulated a Report and Order and Declaratory Ruling to the other commissioners that would take a number of steps in that direction.

Specifically, the Report and Order would:

1) Prohibit providers and dwelling owners (park owners in the case of mobile homes) from striking exclusive revenue-sharing agreements;

2) Requite providers to let tenants know “in plain language” if they have exclusive marketing arrangements with building owners — though importantly it does not prohibit such arrangements.

Also: FCC Seeks Input on Broadband and MTEs

The Declaratory Ruling would “clarify” that current rules prohibit sale or leaseback arrangements that have the effect of blocking alternate providers.

“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,” she said. “Consumers deserve access to a choice of providers in their buildings.  I look forward to having my colleagues join me in lifting the obstacles to competitive choice for broadband for the millions of tenants across the nation.”

It's not a lock, but the fact that she has circulated it and promoted that circulation suggests she has the votes, including at least one Republican vote, to pass it.

"The proposal by Chairwoman Jessica Rosenworcel to expand internet options for apartment dwellers is welcome news," said Jonathan Schwantes, senior policy counsel for Consumer Reports. "Despite exclusive arrangements between ISPs and landlords being banned for years, it's time to finally put an end to practices and close loopholes that stifle broadband competition and consumer choice, especially for those most in need. We know that when consumers have more choices for internet service, they enjoy lower prices." ■

The Federal Communications Commission has granted cable operators' request for more time to comment on competition, consumer prices and choice in broadband service to multi-tenant environments (MTEs) — apartment buildings, condos and offices.

Under acting chair Jessica Rosenworcel, the FCC back in September asked for a new round of comments on its proceeding.

NCTA had asked for a 30-day extension until Dec. 6.

The FCC‘s Wireline Competition Bureau said that while it was in the public interest to grant an extension so that the parties had some more time to address the complex issues, it was only making it 15 days — until Nov. 19 — because 30 days would “unduly delay Commission consideration of the important issues raised in this proceeding.”

The FCC's Wireline Competition Bureau, which issued the request for comment, said it wants commenters to focus particularly on three issues: 1) revenue sharing agreements and how they affect price, competition, and quality of service; 2) exclusive wiring deals, and whether those do or don't prevent new entrants or inhibit choice; and 3) whether marketing arrangements confuse people.

Cable operators have asked for a little more time to comment on competition, consumer prices and choice in broadband service to multi-tenant environments (MTEs) — apartment buildings, condos and offices.

NCTA–The Internet & Television Association filed the request this week, asking for a 30-day extension — until Dec. 6 — to file reply comments given the number of initial comments, more than 35, and their range of perspectives.

It said those comments raise issues regarding network configurations, various federal, state and local regulatory frameworks and “highly specific fact patterns.”

It said that the public interest would be served by allowing all parties “a meaningful opportunity to review and respond to these analyses in order to develop a complete record,” arguing that the current 15-day reply comment period was insufficient for the appropriate level of consideration given the goals of bridging the digital divide and enhancing deployments in MTEs.

The FCC back in September asked for a new round of comment on its proceeding.

The goal, said the FCC, was to “better understand how the Commission can promote increased competition, consumer choice, and lower prices for Americans living and working in these buildings.”

In announcing the new look, acting FCC chair Jessica Rosenworcel said it was time to examine how exclusive agreements can “lock out broadband competition and consumer choice.”

Cable broadband operators are telling the Federal Communications Commission that service to apartments and condos is in good shape, even as the agency considers whether any new regulation is needed to promote choice and improve service to those and other multiple tenant environments (MTEs).

In a meeting last week with staffers of the Wireline Competition Bureau, representatives of NCTA-The Internet & Television Association, and of NCTA members Cox Communications, Comcast and Charter Communications, said that the record in the proceeding demonstrated that "deployment, competition, and consumer choice" are "strong."

NCTA said the current prohibition on exclusive access agreements between cable and telecom providers and MTEs should be extended to all broadband providers.

But the trade group said the FCC should not prohibit exclusive wiring agreements, because those do not deny new entrants access to those apartments and condos. Rather, they are pro-competitive because they “help ensure that state-of-the-art wiring will be deployed in MTEs to the benefit of consumers.”

NCTA also put in a good word for bulk billing and exclusive marketing arrangements.

The FCC this week signaled it was taking “a fresh look at how exclusive agreements between carriers and building owners could lock out broadband competition and consumer choice,” as acting chair Jessica Rosenworcel put it.