Article 52 Partial Pre-Emption Perhaps Unnecessary, Incompas Says

Partial pre-emption of San Francisco Police Code Article 52 may not be necessary, with Incompas unaware of any provider that shares in-use wiring, it told aides to FCC Chairman Ajit Pai and to Commissioners Mike O'Rielly and Geoffrey Starks, said a docket 17-142 ex parte posting Tuesday. It said the partial pre-emption declaratory ruling on July 10's agenda (see 1906190067) could deter other cities and local governments from mandatory access laws, and the FCC shouldn't expand the scope of the draft declaratory ruling to pre-empt other aspects of Article 52 such as mandatory access provisions. It said incumbent service providers and landlords have used revenue sharing and wiring and rooftop exclusivity arrangements as end runs around access rules and to keep competitive providers out of multiple tenant environments.