On February 15, 2022, the FCC issued a Report and Order and Declaratory Ruling (the “Order”) in a proceeding that apartment owners have been watching closely for nearly five years. The FCC opened this docket, under the title of “Improving Competitive Broadband Access to Multiple Tenant Environments (“MTEs”),” to examine the terms of agreements between broadband providers and owners of residential, office and retail properties.
NMHC and other real estate industry groups submitted the views of the apartment industry and the broader real estate sector in response to three separate requests for comment from the FCC, in 2017, 2019, and 2021. NMHC members and industry stakeholders provided detailed Declarations and several rounds of survey data to demonstrate the success of the market in deploying superior levels of service to the vast majority of apartments. NMHC representatives also met with FCC staff on numerous occasions. NMHC has also released a statement regarding the Order.
To help NMHC members navigate the new rule and better understand the real-world implications of the changes, NMHC’s outside FCC Counsel, Matt Ames of Hubacher, Ames and Taylor crafted a comprehensive resource document.
The information provided herein is general in nature and is not intended to be legal advice. It is designed to assist our members in understanding this issue area, but it is not intended to address specific circumstances or business situations. For specific legal advice, consult your attorney.