SENATE FILE _____

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON DANDEKAR)

A BILL FOR

An Act relating to the provision of telecommunications services to multiple-unit residential buildings or complexes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  NEW SECTION.  477.15  Definitions.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Manufactured home community” and“mobile home park” mean the same as defined in section 562B.7.
   b.  “Multiple-unit residential building or complex” means a building or complex utilized for residential purposes and consisting of at least two or more individual dwelling units, or a manufactured home community or mobile home park, whether leased or owned.
   c.  “Residential agent” means the property owner, manager, lessee, or other person in possession or control of a multiple-unit residential building or complex.
   d.  “Telecommunications provider” means a person, firm, or corporation providing telecommunications service pursuant to a cable or video service franchise granted pursuant to chapter 477A or chapter 364, a certificate of public convenience and necessity issued pursuant to section 476.29, or as authorized by a municipality which provides telecommunications service directly to its residents.
   e.  “Telecommunications service” means the provision of cable service or video service as defined in section 477A.1, high-speed internet service, or telephone service whether by coaxial cable, fiber optic line, or copper telephone line.
   2.  A residential agent of a multiple-unit residential building or complex located within the service area in which a telecommunications provider is authorized to provide telecommunications service shall be subject to the following:
   a.  The residential agent shall not preclude or prevent an occupant, tenant, or lessee of the building or complex from receiving telecommunications service from a particular telecommunications provider or municipality, demand or accept payment from any occupant, tenant, or lessee in any form as a condition of permitting the installation of telecommunications service equipment or facilities or the maintenance of such equipment or facilities on the premises of the building or complex, or discriminate in rental charges or in any other manner against an occupant, tenant, or lessee receiving telecommunications services from a particular telecommunications provider or municipality.
   b.  The residential agent shall not preclude or prevent a telecommunications provider from entering upon the premises of a multiple-unit residential building or complex for the purpose of or in connection with the construction or installation of telecommunications service equipment or facilities; or constructing or installing upon, beneath, or over the premises, including any buildings or other structures located thereon, hardware, cable, equipment, materials, or other telecommunications service equipment or facilities utilized by the telecommunications provider in the construction or installation of telecommunications service.
   3.  A telecommunications provider shall not install telecommunications service equipment or facilities on the premises of a multiple-unit residential building or complex unless an occupant, tenant, or lessee of the building or complex requests the delivery of telecommunications service. In any instance in which a request for service is made, the telecommunications provider may install telecommunications service equipment or facilities throughout the building or complex in a manner which enables the telecommunications provider to provide telecommunications service to occupants, tenants, or lessees of other residential units within the building or complex without requiring the installation of additional equipment or facilities other than within the residential units occupied by such other occupants, tenants, or lessees.
   4.
  a.  A telecommunications provider may remit reasonable compensation to a residential agent for marketing support or for a right of entry for the installation of telecommunications service equipment or facilities, or the provision of telecommunications service, as follows:
   (1)  Pursuant to a compensation agreement initiated by the telecommunications provider with a residential agent.
   (2)  At the written request of a residential agent received by a telecommunications provider within twenty days of the date on which the agent is notified of the telecommunications provider’s intention to install telecommunications service equipment or facilities as provided in subsection 5. Unless such a request is received from the residential agent, it shall be conclusively presumed that the agent does not claim or intend to request or require reasonable compensation. The notice shall include the amount requested as reasonable compensation by the agent.
   b.  Compensation received pursuant to this subsection shall not confer an exclusive right of entry with respect to a particular telecommunications provider. If compensation is agreed to, no other payment or compensation shall be requested or received by the residential agent, unless damage is incurred during the course of the installation. A telecommunications provider shall agree to indemnify a residential agent for any damages caused by the installation, operation, or removal of telecommunications service equipment or facilities.
   5.
  a.  Prior to the installation of telecommunications service equipment or facilities, a telecommunications provider shall notify the residential agent in writing of the intent to proceed with installation. Notification shall include the address of the multiple-unit residential building or complex, the name of the telecommunications provider, the anticipated installation date, and either a proposed amount of reasonable compensation or contact information regarding the twenty-day time frame for compensation notification as provided in subsection 4.
   b.  In any instance in which a telecommunications provider intends to install telecommunications service equipment or facilities within or upon a multiple-unit residential building or complex containing twelve or more residential units, the written notice required pursuant to paragraph“a” shall further acknowledge that the residential agent may require the submission of written plans identifying the manner in which telecommunications equipment and facilities are to be installed, including the proposed location of coaxial cable, fiber optic cable, or copper wire. Approval of such plans by the residential agent, if required by the agent, shall not be unreasonably withheld and consent to and approval of such plans shall be presumed unless, within thirty days following receipt thereof, the residential agent identifies in writing the specific manner in which the plans deviate from generally accepted construction or safety standards and contemporaneously submits an alternative construction plan providing for the installation of telecommunications service equipment or facilities in an economically feasible manner. A telecommunications provider may proceed with the plan originally submitted if an alternative plan is not submitted within thirty days, or if the alternative plan fails to comply with generally accepted construction and safety standards or does not provide for the installation of telecommunications service equipment or facilities in an economically feasible manner.
   6.
  a.  A residential agent having provided timely written notice of a request for reasonable compensation pursuant to subsection 4, paragraph “a”, subparagraph (2), may assert a claim for such compensation if the agent has not received the compensation within thirty days following receipt of the notice by the telecommunications provider, or the telecommunications provider has not agreed to pay the amount requested or an alternative amount acceptable to the agent within a mutually agreeable time frame. If compensation remains unpaid after sixty days following receipt of the notice, or within the time frame mutually agreed upon, the agent may bring suit to enforce the claim in any court of competent jurisdiction, and, in connection therewith, may require that the amount or reasonable compensation be determined by the court. Any such action shall be commenced within six months of receipt of the notice of a request for reasonable compensation.
   b.  In an action to determine the amount of reasonable compensation, the residential agent may submit evidence of a decrease in the fair market value of the multiple-unit residential building or complex occasioned by the installation of the telecommunications service equipment or facilities, that the agent has a specific alternative use for the space occupied by the telecommunications service equipment or facilities, the loss of which will result in a monetary loss to the owner, or that installation of the telecommunications service equipment or facilities substantially interferes with the use or occupancy of the building or complex. In determining reasonable compensation, the court shall not consider or include potential earnings by a residential agent were the agent to install or provide telecommunications service independently.
   c.  Neither the giving of a notice requesting reasonable compensation pursuant to subsection 4, paragraph “a”, subparagraph (2), nor the assertion of a specific claim or initiation of a legal action to enforce such claim as provided in paragraphs“a” and“b” of this subsection shall delay or impair the right of a telecommunications provider to construct or install telecommunications service equipment or facilities or maintain telecommunications service with respect to a multiple-unit residential building or complex.
EXPLANATION
   This bill concerns the installation of telecommunications service equipment and facilities, and the provision of telecommunications service, to multiple-unit residential buildings or complexes.
   The bill provides several definitions. The bill defines a “multiple-unit residential building or complex” as a building or complex utilized for residential purposes and consisting of at least two or more individual dwelling units, or a manufactured home community or mobile home park, whether leased or owned. A “residential agent” is defined as the property owner, manager, lessee, or other person in possession or control of a building or complex. The bill defines a “telecommunications provider” as a person, firm, or corporation providing telecommunications service pursuant to a cable or video service franchise granted pursuant to Code chapter 364 or 477A, or pursuant to a certificate of public convenience and necessity issued pursuant to Code section 476.29, or as authorized by a municipality which provides telecommunications service directly to its residents. The bill defines “telecommunications service” as the provision of cable service or video service, high-speed internet service, or telephone service.
   The bill prohibits a residential agent of a multiple-unit residential building or complex from preventing or precluding an occupant, tenant, or lessee of the building or complex from receiving telecommunications service from a particular telecommunications provider or municipality, from demanding or accepting a payment from any occupant, tenant, or lessee as a condition of permitting the installation of telecommunications service equipment or facilities or the maintenance of such equipment or facilities on the premises of the building or complex, or from discriminating in rental charges or in any other manner against an occupant, tenant, or lessee receiving telecommunications services from a particular provider. Additionally, the bill prohibits an agent from precluding or preventing a provider from entering upon the premises of a building or complex for the purpose of or in connection with the construction or installation of telecommunications service equipment or facilities; or constructing or installing upon, beneath, or over the premises, including any buildings or other structures located thereon, hardware, cable, equipment, materials, or other telecommunications service equipment or facilities utilized by the provider in the construction or installation of telecommunications service.
   The bill states that an occupant, tenant, or lessee of the building or complex must request delivery of telecommunications service prior to an installation of telecommunications service equipment or facilities by a provider, and that if such a request is made, the provider may install equipment or facilities throughout the building or complex in a manner which enables the provider to provide telecommunications service to additional occupants, tenants, or lessees. 
   The bill authorizes the payment of reasonable compensation for marketing support or for a right of entry for the installation of telecommunications service equipment or facilities or the provision of telecommunications service by a provider to an agent, either when initiated by the provider or upon receipt of a written request from the agent. In the latter case, the bill requires the request to be received by the provider within 20 days from the date of notification by the provider to the agent of an intent to install telecommunications service equipment or facilities. The bill provides that absent such a request, it will be presumed that the agent does not intend to request or require reasonable compensation. The bill clarifies that any compensation received shall not confer an exclusive right of entry with respect to a particular telecommunications provider, that no other payment or compensation shall be requested or received by the residential agent unless damage is incurred during the course of the installation, and that the provider shall agree to indemnify an agent for any damages caused by the installation, operation, or removal of telecommunications service equipment or facilities.
   With regard to the required notification of an intent to install, the bill provides that the notification shall be in writing and shall include the address of the building or complex, the name of the provider, the anticipated installation date, and either a proposed amount of reasonable compensation or contact information regarding the 20-day time frame for requesting compensation. If the installation involves a building or complex containing 12 or more residential units, the bill states that the notice shall acknowledge that the agent may require the submission of written plans identifying the manner in which telecommunications equipment and facilities are to be installed. The bill states that approval of such plans by the agent, if required, shall not be unreasonably withheld and consent to and approval of such plans shall be presumed unless, within 30 days following receipt of the plans, the agent identifies in writing the specific manner in which they deviate from generally accepted construction or safety standards, and unless an alternative plan providing for the installation of telecommunications facilities in an economically feasible manner is submitted by the agent. The bill authorizes a provider to proceed with the plan originally submitted if an alternative plan is not submitted within 30 days, or if the alternative plan fails to comply with generally accepted construction and safety standards or does not provide for the installation of telecommunications service equipment or facilities in an economically feasible manner.
   The bill permits an agent to assert a claim for reasonable compensation if the agent has not received compensation within 30 days following receipt by a provider of a request from an agent, or if the provider has not agreed to pay the amount requested or an alternative amount acceptable to the agent within a mutually agreeable time frame. In the event compensation remains unpaid after 60 days following receipt of the request, or within the time frame mutually agreed upon, the bill authorizes an agent to bring suit to enforce the claim in any court of competent jurisdiction, and to require that the amount of reasonable compensation be determined by the court. The bill specifies that such an action must be brought within six months of receipt of the notice of a request for reasonable compensation. The bill provides that in an action to determine the amount of reasonable compensation, the agent may submit evidence of a decrease in the fair market value caused by the installation of the telecommunications service equipment or facilities, or that the agent has a specific alternative use for the space occupied by the equipment or facilities, the loss of which will result in a monetary loss to the owner, or that installation of the equipment or facilities substantially interferes with the use and occupancy of the building or complex. In determining reasonable compensation, a court is directed not to consider or include potential earnings by an agent in the event the agent installed or provided telecommunications service independently. The bill states that providing notice requesting reasonable compensation or asserting a claim or initiating an action shall not delay or impair the right of a provider to construct or install telecommunications service equipment or facilities or maintain telecommunications service.