Sec. 7. Prohibition of ISP or MVPD exclusive agreements with multi-dwelling units
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/bill/117/hr/4875/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An ISP and MVPD may not, individually or jointly, enter into an agreement with a multi-dwelling unit that limits the ability of an ISP or MVPD (or that has the effect of such limitation) from serving a resident of the MDU. Nor may an MDU unreasonably restrict access to an ISP or MVPD to which a resident subscribes. A landlord may not offer an incentive to a resident to select a specific ISP or MVPD, or any action designed to prevent or discourage any resident from subscribing to any ISP or MVPD.
An ISP or MVPD may not offer an inducement to a landlord that— promotes or favors any ISP or MVPD with regard to marketing, obtaining or retaining residents of a multi-dwelling unit as subscribers; or in any way discourage a resident of a multi-dwelling unit from subscribing to an ISP or MVPD the resident chooses. An ISP or MVPD shall make any agreement made by an ISP or MVPD with a multi-dwelling unit available to the public. An ISP and MVPD shall have reasonable access to the premises of the multi-dwelling unit, and to any wiring or other resource or facility controlled by the multi-dwelling unit necessary to provide service.
A multi-dwelling unit may require all ISPs or MVPDs to share a common set of conduits or wires to minimize the need for disruptive access and any requirement or charge for use of common conduits or wires— shall be just, reasonable, and non-discriminatory; does not impose an undue burden on an ISP or MVPD seeking to provide service; does not unreasonably interfere with the ability of an ISP or MVPD to upgrade or repair its network; and can accommodate the speed, quality of service, and channel capacity the ISP or MVPD offers its subscribers.
Not later than 180 days after the date of the enactment of this Act, the Commission shall commence a proceeding to determine the rules that are necessary to effectuate the prohibitions described in subsections
(a)through (e). Not later than 180 days after the date on which the proceeding is commenced pursuant to paragraph (1), the Commission shall publish the rules in the Federal Register. The rules shall contain the following requirements: Ensure that a multi-dwelling unit or another owner of a premises, wiring, or other facility to which access is necessary to meet the requirements of this Act receive just and reasonable compensation for access to, and use of, their property, which shall be charged on a non-discriminatory basis to each ISP and MVPD seeking such access and use. A multi-dwelling unit may not charge an ISP or MVPD to enter the multi-dwelling unit to provide service within the residence of a subscriber, or to provide customer premise equipment that does not require any physical modification of the residence. A multi-dwelling unit, resident, or other entity that suffers damage to its physical property may demand reasonable compensation from the ISP or MVPD responsible, including the cost of repair. A multi-dwelling unit may require a reasonable deposit or proof, or both, of reasonable insurance coverage from an ISP or MVPD prior to providing access to the multi-dwelling unit. A multi-dwelling unit may not directly charge a subscriber for any expense accrued by an ISP or MVPD under this section. An ISP or MVPD may charge a subscriber for expenses accrued under this section by an ISP or MVPD. Any charges to a subscriber under this subparagraph are subject to section 642 of the Communications Act of 1934 ( 47 U.S.C. 562 ). A violation of this section or any rule issued under this section by any multi-dwelling unit, ISP, or MVPD shall be subject to a civil action by any resident of the multi-dwelling unit as if the multi-dwelling unit, ISP, or MVPD violated section 631(f) of the Communications Act of 1934 ( 47 U.S.C. 551(f) ). This right to civil action may not be waived or subject to any arbitration requirement. An ISP, MVPD, or resident of a multi-dwelling unit may file a request to the Commission, or to the Federal district court with jurisdiction over the multi-dwelling unit, for an order to allow access to the premises to install and provide service. Any access granted under paragraph
(2)shall be consistent with any applicable Commission rule, any applicable State or local building code, or any other additional consideration to protect life, safety, or the quality of life of other residents of the multi-dwelling unit. Not later than 90 days after the date on which a request for an order is filed under paragraph (2), the Commission or district court, as applicable, shall make a determination and issue the order or a denial of the order granting access. Any party that files a request for an order under paragraph
(2)shall serve a copy of the request on the multi-dwelling unit, and on any ISP or MVPD that offers service to residents of the multi-dwelling unit.
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Sec. 7
Prohibition of ISP or MVPD exclusive agreements with multi-dwelling units
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