Telecom Access Agreement Aids Owners, Managers and Service Providers

Co-written by Eric Fishman

Property owners and managers have a new tool to assist them in their

negotiations with the many telecommunications service providers (TSPs) seeking

access to their commercial office buildings. The document, named the

Telecommunications License Agreement (Multi-Tenant Office Building), but more

commonly called the Model Agreement, is the product of an effort that began last

summer under the direction of the Real Access Alliance (the Alliance), and is

available on the Alliance's web site, www.realaccess.org. Holland & Knight

LLP acted as the principal drafters of the Model Agreement, and this article

will provide insight into the background for the Model Agreement, certain key

elements of the Model Agreement and where building owners, managers and service

providers might be going from here.

Background

The Model Agreement responds to the need to have property owners and managers

and TSPs have a common starting point for their dealings with each other in

matters relating to access for telecommunications in multi-tenant office

buildings. There are many issues and competing priorities in the negotiation of

building access agreements, the theory was and is to narrow and more clearly

define those issues and competing priorities through the development of a Model

Agreement as the template to at least begin most building access discussions. A

Model Agreement has the capacity to provide the interested parties with a solid

place to start, without dictating where the parties will ultimately end up.

There were many forces at work in developing this theory and many supporting

parties behind the Real Access Alliance. The mission of the Alliance is to

encourage competition among telecommunications companies in the delivery of

reliable, high-quality services to tenants, while protecting the private

property rights of property owners. The members of the Alliance are the Building

Owners and Managers Association International, Institute of Real Estate

Management, International Council of Shopping Centers, Manufactured Housing

Institute, National Apartment Association, National Association of Home

Builders, National Association of Industrial and Office Properties, National

Association of Real Estate Investment Trusts, National Association of Realtors,

National Multi Housing Council, and Real Estate Roundtable. The 11 members of

the Alliance represent the interests of more than 1 million members. Each of

those members played an active role in the development of the Model Agreement.

In addition, certain others voluntarily accepted greater responsibility and

influence...