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To: MangoBoy who wrote (650)9/2/1999 1:22:00 AM
From: SteveG  Read Replies (1) | Respond to of 1860
 
Big Telecom Battle Erupts Deep Inside U.S. Buildings
By BARBARA MARTINEZ
Staff Reporter of THE WALL STREET JOURNAL

A herd of new telecom companies, trying to offer cheaper
connections for things like local phone service and
high-speed Internet access, is pounding on the doors of
offices and apartment buildings nationwide. But some
landlords won't let them in.

The nation's office and apartment buildings are the latest
battleground in the telecom wars. Several upstart companies
say they're often being denied access to potential customers
because landlords have existing service deals with the big
regional Bell companies.

But building owners say they don't want dozens of these
start-up companies traipsing onto their properties. Should
they be compelled to do so by regulators, the property
owners add, it would amount to nothing short of "forced
entry."

The dispute has just come before the Federal
Communications Commission, which is hearing out both
sides to decide whether to forbid building owners from
turning away telecom providers. The agency is acting on
lobbying by the upstarts, who have asked that building
owners be barred from locking them out or charging
unreasonable payments for access, which hurts their ability
to offer cheaper service.

At stake is the ability to reach millions of customers in the
nation's 750,000 office buildings. Also: the one-third of the
population who live in apartments.

Building owners are aghast that this is an issue at all.
"Forced access is unnecessary, it's unmanageable, it's
unconstitutional," says Gerry Lederer, vice president of
government affairs for the Building Owners and Managers
Association, which represents more than 17,000 members in
North America.

After all, landlords say, they own the buildings, and they
want to set the terms for who offers services on their
properties. And, they say, it's ludicrous that they would
keep the latest services and technology away from tenants.
Why risk losing their tenants to more technologically
advanced buildings?

The upstarts, known as competitive local-exchange carriers
or CLECs, say they can't compete without access inside the
buildings. They need to be able to wind wires through walls,
tap into existing wiring or switches, or install antennae on
roofs. They claim their requests to enter buildings often are
turned down, and even when they are allowed to come in,
the negotiation process is prolonged or landlords demand
excessive fees.

"This is the single most important impediment to actually
realizing the promise of the Telecom Act," says William J.
Rouhana Jr., chairman and chief executive of WinStar
Communications Inc. WinStar uses base stations with
wireless or rooftop antennae and other gear to provide
high-speed Internet access and traditional phone services.
Such providers can often beat the prices of conventional
carriers.

Real-estate executives say there are many reasons why they
can't allow their buildings to be opened to any and every
telecom provider. They say the myriad proposals currently
under review could cost the real-estate industry billions of
dollars annually in both lost revenue, as well as additional
safety, security and liability expenses.

'Wreak Havoc'

Besides, they say, it isn't practical. "In the state of Florida
alone there are over 250 suppliers. That could wreak havoc
if you had a building with 400 renters," says Jim Arbury,
vice president of the National Multifamily Housing Council.
He says building owners should keep the right to choose
telecom suppliers just as they do suppliers of laundry
services and athletic equipment.

The problem there, the telecom companies argue, is that
consumers might not benefit from competition. The idea of
the 1996 Telecom Act "was to put consumers in the driver's
seat," says John Windhausen, president of Association for
Local Telecommunications Services.

Landlords say reports of telecom providers simply being
locked out are overblown. A coalition of 11 real-estate
associations commissioned an independent study that they
presented to the FCC on Friday. It shows that for every
three requests for access by telecom providers, two resulted
in either an agreement or negotiations, says Roger Platt, vice
president and counsel at the National Realty Committee, and
a spokesman for the newly formed group, Real Access
Alliance.

The FCC commissioners don't appear intent on forcing
building owners to give access to every provider. In
statements, three of the five commissioners have raised
concerns about overstepping the FCC's authority. "While
well-intended, the concept would impose a new regulation
on building owners -- a class of persons not otherwise
regulated by the commission," wrote commissioner Susan
Ness.

In a statement, FCC Chairman William E. Kennard offered
an argument that could bolster the telecom companies.
Telecom competition "cannot occur if new providers
cannot get into their customers' buildings," he said.