The Middletown Press (Middletown, CT)
FCC broadband access rules at heart of renter dispute
As the Federal Communications Commission works to guarantee apartment dwellers the broadband provider of their choice, the manager of a Norwalk residential complex has been accused of violating a similar Connecticut statute that has been on the books for more than two decades.
An undisclosed number of renters at The Waypointe apartments in Norwalk have complained to state regulators that they are being blocked from installing cable TV from Altice USA, despite a state law that requires apartment building owners to allow residents to order service from the cable operator of their choosing.
The Connecticut Public Utilities Regulatory Authority has received complaints that Greystar Real Estate Partners has blocked Altice technicians from accessing The Waypointe, on grounds the company has an agreement with Norwalkbased Frontier Communications to provide TV service on an exclusive basis.
PURA has informed Greystar any such stance violates state law and has set a Sept. 30 deadline to demonstrate that the apartment manager has rectified the issue. Greystar did not immediately respond Monday to a Hearst Connecticut Media query on whether it plans to comply or seek an allowance that would permit it to honor the terms of any agreement with Frontier.
Earlier this year, PURA issued a similar directive to ensure Comcast access to a New London apartment building.
Connecticut is among 19 states to enact rules between 1996 and 1998 that guarantee apartment dwellers the right to select a preferred carrier, according to the Multifamily Broadband Council, with others including New York, New Jersey, Massachusetts, Rhode Island and Florida.
Last year, the Federal Communications Commission voted unanimously to ban exclusive arrangements between apartment and condominium owners and cable TV operators. In June, the FCC issued a preliminary outline of its goals, stating that since 30 percent of Americans live in multifamily buildings, it is an important step in promoting the proliferation of broadband and lowering prices.
“The (FCC) has on multiple occasions declined to impose a federal mandatory access law or to preempt state mandatory access laws, finding that states and localities were ‘wellpositioned to decide’ whether the benefits of such laws outweighed their costs,” the FCC stated in June. “Some ... argue that these agreements enable (apartment) owners to use the consideration they receive from communications providers to offset infrastructure costs associated with providing broadband service to tenants, and that restricting these types of agreements will induce ... owners to raise rents.”
Frontier maintains a Frontier Community Connections program and website that states the company “can work out a nonexclusive arrangement specific to your community” but to “keep in mind that only using Frontier will help you earn a higher revenue share,” listing a dedicated Connecticut sales representative at the bottom of the page for apartment owners to contact. A Frontier spokesman could not be immediately reached Monday on how much revenue the company draws from apartment and condo buildings, whether generally or through arrangements for exclusive service.