Companies Urge FCC to End Apartment Broadband Monopolies A trade group is pressuring the FCC to crack down on exclusive landlord broadband arrangements that hamstring competition in many apartments, condos, or other multiple dwelling units (MDUs). Incompas, a trade group representing smaller ISPs (RCN, Google Fiber), large content companies (Amazon, Facebook) and some transit providers (Cogent) is urging the FCC to reform outdated rules that aren't doing an effective job at preventing broadband monopolies in many MDU locations.

In a filing with the FCC (pdf), the group takes aim at the numerous tricks larger ISPs use to hinder competition in the space. “It’s time for the FCC to set the 30 percent of Americans living in apartment and condo buildings free from broadband monopoly control," the group argues. "They should not be forced to pay more for slower speeds when new broadband competition is knocking on the front door." “Exclusivity lock-ups and kickbacks have enabled landlords and big cable and telecom companies to skirt existing FCC policy, keeping prices high and customer service low. Setting apartment consumers free is a key component of the broadband deployment agenda. We also encourage the FCC to support local communities fighting for more competition that will help bridge the digital divide and unlock fiber investment," the group added. The FCC has already posted a notice of inquiry (NOI, pdf) saying it will be "seeking comment on ways to facilitate greater consumer choice and to enhance broadband deployment in multiple tenant environments (MTEs)." The agency says it's looking for recommendations as to whether it should take additional action to make this broadband segment less restrictive and more competitive. The answer is a resounding yes. For years now we've noted how broadband providers often enjoy exclusive contracts with development communities or apartment landlords, usually resulting in consumers having no real choice for service. While the FCC passed rules in 2007 declaring such exclusive arrangements to be verboten, a recent article by Susan Crawford did a great job of showing how large ISPs like Comcast use all manner of trickery to tap dance around the rules. Crawford was quick to note how large ISPs effectively use "payola" schemes to buy their way to exclusivity anyway. "Sure, a landlord can’t enter into an exclusive agreement granting just one ISP the right to provide Internet access service to an MDU, but a landlord can refuse to sign agreements with anyone other than Big Company X, in exchange for payments labeled in any one of a zillion ways," she notes. "Exclusivity by any other name still feels just as abusive." Another trick is to force landlords to sign deals with buildings that require only their promotional materials can be displayed in buildings, and marketing events by other ISPs are forbidden. As an example, this letter from Comcast to one apartment complex owner warns them about letting Google Fiber so much as advertise its service to building residents. Yet another trick to get around the rules is to let an ISP deed ownership to their inside wires to the building owner, and then getting an exclusive license back from the owner to use those wires. It wouldn't be particularly hard to update the rules to remove these loopholes, but whether Pai, a former Verizon lawyer, is the man to do it isn't clear. Given his protection of the and media ownership restrictions, his resume doesn't suggest he's the best man for the job. MDU and apartment dwellers -- most stuck with an ISP they don't want -- surely hope he is. It wouldn't be particularly hard to update the rules to remove these loopholes, but whether Pai, a former Verizon lawyer, is the man to do it isn't clear. Given his protection of the cable box monopoly , his protection of the prison phone service monopolies , and his plans to roll back most broadband consumer protectionsmedia ownership restrictions, his resume doesn't suggest he's the best man for the job. MDU and apartment dwellers -- most stuck with an ISP they don't want -- surely hope he is.







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Evergreener

Sent By Grocery Clerks

join:2001-02-20

Evergreen, CO 8 recommendations Evergreener Member Nice thought, but... Nice thought, but much of the time the preexisting wiring in these buildings is a convuluted mess. The PMCs don't want multiple service providers drilling holes, fishing wires and/or wrapping their buildings every time a new service comes along and a resident wants to sign up, so they sign up for exclusive deals that include wiring / rewiring and some sort of revshare. Sure, if they were thinking ahead (and some PMCs inevitably have), there would be homerun shots from each unit to central wiring closets with plenty of room (and secure access) that could accommodate any number of service providers.