(a) Purpose. The purpose of this section is to implement Public Utility Regulatory Act (PURA) §§54.259, 54.260, and 54.261 regarding the non-discriminatory treatment of a telecommunications utility by the property owner upon a tenant's request for telecommunications services.
(b) Application.
  (1) This section applies to the following entities:
    (A) "Telecommunications utilities" or "telecommunications utility" as defined in PURA §51.002(11), that hold a consent, franchise, or permit as determined to be the appropriate grants of authority by the municipality and hold a certificate if required by PURA;
    (B) Public or private property owners of commercial property and the property owner's authorized representative(s); and
    (C) Public or private property owners of commercially operated residential property with four or more dwelling units and the property owner's authorized representative(s).
  (2) This section does not apply to institutions of higher education as set forth by PURA §54.259(b).
(c) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Conduit - A pipe installed on the property, in a building between floors, attached to walls, between buildings, located in the ceiling or floor space of a building, located on a customer's premise, or from a public right of way into a property for the purposes of containing and protecting cable.
  (2) Property - A building or buildings that are under common ownership and which are located on a single tract of land or tracts of land that are adjoining or would be in the absence of streets or other public rights-of-ways.
  (3) Property owner - The owner of the property or its authorized representative(s).
  (4) Requesting carrier - A telecommunications utility seeking access to space on the property for the purpose of providing telecommunications services to one or more tenants who have requested such services.
  (5) Space - Area of the property for which access is being requested by the requesting carrier, which will be used to install the telecommunications equipment needed to provide telecommunications services to a requesting tenant on the property. Space includes conduit and may be located in or on the rooftop of a building or buildings on the property.
  (6) Telecommunications equipment - The equipment installed or used by the requesting carrier to provide telecommunications services to a requesting tenant.
  (7) Tenant - Any occupant of a building or buildings on the property under the terms of a lease with the property owner which has a remaining term of more than six months and who is not subject to filed bona fide eviction proceedings under such lease with the property owner, or an authorized subtenant of such occupant whose occupancy is subject to the terms of the primary lease which has a remaining term of more than six months.
(d) Rights of parties.
  (1) Tenant's right to choose requesting carrier. A tenant is entitled to choose the provider of its telecommunications services.
  (2) Property owner's rights to manage access. The requirements of this subsection are not intended to eliminate or restrict the property owner's rights to manage access to public or private property pursuant to PURA §§54.259, 54.260, and 54.261.
    (A) A property owner may:
      (i) impose a condition on the requesting carrier that is reasonably necessary to protect:
        (I) the safety, security, appearance, and condition of the property; and
        (II) the safety and convenience of other persons;
      (ii) impose a reasonable limitation on the time at which the requesting carrier may have access to the property to install telecommunications equipment;
      (iii) impose a reasonable limitation on the number of such requesting carriers that have access to the property, if the property owner can demonstrate a space constraint that requires the limitation;
      (iv) require a requesting carrier to agree to indemnify the property owner for damage caused installing, operating, or removing telecommunications equipment;
      (v) require a tenant or requesting carrier to bear the entire cost of installing, operating, or removing telecommunications equipment; and
      (vi) require requesting carrier to pay compensation that is reasonable and nondiscriminatory among such telecommunications utilities.
    (B) A property owner may not:
      (i) prevent the requesting carrier from installing telecommunications equipment on the property upon a tenant request;
      (ii) interfere with the requesting carrier's installation of telecommunications equipment on the property upon a tenant request;
      (iii) discriminate against such requesting carrier regarding installation, terms, or compensation of telecommunications equipment to a tenant on the property;
      (iv) demand or accept an unreasonable payment of any kind from a tenant or the requesting carrier for allowing the requesting carrier on or in the property; or
      (v) discriminate in favor of or against a tenant in any manner, including rental charge discrimination, based on the identity of a telecommunications utility from which a tenant receives telecommunications services.
  (3) Requesting carrier's right to access.
    (A) Upon a tenant request, the requesting carrier has the right to install telecommunications equipment on the property in order to provide telecommunications services to the requesting tenant:
      (i) for a period no longer than the remaining term of the requesting tenant's lease unless otherwise agreed to by the requesting carrier and the property owner. Should the requesting tenant's lease renew, the agreement between the requesting carrier and the property owner automatically continues, without the need for renegotiation, for the term of the requesting tenant's renewal;
      (ii) without interference from the property owner, except as provided in this subsection; and
      (iii) at terms, conditions, and compensation rates which are non- discriminatory.
    (B) The requesting carrier shall comply with all applicable federal, state, and local codes and standards, e.g. , fire codes, electrical codes, safety codes, building codes, elevator codes.
  (4) Restriction on exclusive agreement. A telecommunications utility shall not enter into an agreement, contract, pact, understanding or other like arrangement with the property owner to be the sole or exclusive provider of telecommunications services to actual or prospective tenants on the property.
(e) Procedures upon tenant request.
  (1) Tour of property.
    (A) Upon receiving a request for telecommunications services from a tenant, but prior to or concurrently with providing the property owner with notice of intent to install telecommunications equipment as described in paragraph (3) of this subsection, the requesting carrier may request, in writing, a tour of the property to determine an appropriate location for the telecommunications equipment needed to provide the telecommunications services requested by such tenant. This request shall identify the requesting tenant and be sent by certified mail, return receipt requested to the property's on-site manager, or designee, and to the person identified in the tenant's lease to receive notices.
    (B) The property owner shall provide such property tour within ten business days of receipt of the requesting carrier's written request.
    (C) The requesting carrier and the property owner may agree, in writing, to extend the timelines prescribed by this subsection.
  (2) Request for technical drawings.
    (A) In its written request for a tour of the property, the requesting carrier may request that the property owner provide computer aided design (CAD) drawings or similarly detailed drawings of the mechanical room(s), risers and other common spaces, if available, in order to assist the requesting carrier in developing plans and specifications for placement of telecommunications equipment.
    (B) Such drawings should be provided to the requesting carrier, within ten business days of the property owner's receipt of the requesting carrier's written request. The requesting carrier will bear the reasonable actual cost of providing the requested drawings.
    (C) The requesting carrier and the property owner may agree, in writing, to extend the timelines prescribed by this subsection.
  (3) Notice of intent to install telecommunications equipment.
Cont'd...