Multiple Dwelling Units (MDU's)
Residents in multi-unit buildings want access to ultra-high speed broadband service, and they want to be able choose among providers to get the best service at the best price. For the most part, building owners and managers work with their residents to provide this choice because they understand the importance of ultra-high speed broadband service. However, at times, building owners and managers either block or limit choice for no apparent or sufficient reason. In those cases, the Fiber Broadband Association believes residents need a government backstop to provide a fair and reasonable process to enable choice, while enabling providers to control their facilities and enter into agreements with building owners and managers that drive the deployment of ultra-high speed networks.
The Fiber Broadband Association (FBA)1 urges the Commission to deny the Petition for
Preemption (Petition) filed by the Multifamily Broadband Council (MBC), most fundamentally
because the Commission has consistently refrained from intervening in states and localities’
relationships with property owners as reflected in mandatory access laws.2 MBC’s request for
preemption of Article 52 of the Police Code of San Francisco (Article 52 or the Ordinance) asks
the Commission to overturn its prior decisions about the scope of federal authority over
landlord-tenant relationships and reverse its deference to state and local regulation of property
owners in facilitating access to competitive service offerings through mandatory access laws.