Conn. Agencies Regs. § 16-247c-6 - Contracts for access and wiring between telecommunications providers and owners of occupied buildings
(a) In contracts
pertaining to access and wiring between telecommunications providers and owners
of occupied buildings, the following terms shall not be included:
(1) Any term that unreasonably restricts the
ability of a telecommunications provider to enter an occupied building to
restore service to a tenant in the event of a service interruption.
(2) Any term that interferes with the ability
of the owner of an occupied building to guarantee building safety and security
and which unreasonably interferes with the operation of existing
tenants.
(3) Any term that grants
an exclusive license to any telecommunications provider.
(4) Any term that precludes any
telecommunications provider from negotiating with the owner of an occupied
building at a tenant's request pursuant to subsection (c) of section
16-247
l of the Connecticut general statutes.
(5) Any term that has the effect, directly or
indirectly, of diminishing or interfering with the right of tenants to use or
receive telecommunications service from other telecommunications
providers.
(6) Any term that
discriminates in favor of any one telecommunications service provider with
respect to the provision of access or compensation requested.
(b) In contracts pertaining to
access and wiring between telecommunications providers and owners of occupied
buildings, the following terms may be included:
(1) Any term that requires a
telecommunications provider to follow reasonable procedures before entering an
occupied building to restore service in the case of a service interruption,
such as contacting the occupied building's security officer prior to entering
the occupied building.
(2) Any term
that reasonably limits the ability of a telecommunications provider to enter an
occupied building to install or upgrade service, so long as such limitation(s)
are related to building safety and security.
(3) Any term that establishes liquidated
damages in the event that a telecommunications provider fails to complete an
installation and, after an opportunity to cure, the telecommunications provider
fails to remove any and all wiring installed by the provider or otherwise fails
to restore the occupied building to its preinstallation condition.
(4) Any term that limits the application or
operation of indemnification provisions in situations of gross negligence or
willful misconduct on the part of the owner of an occupied building.
(5) Any term that exempts a building owner
from liability to telecommunications providers with respect to interruptions in
building services, damage to wiring or equipment, or failures of wiring or
equipment unless such interruptions, damage or failure result from the gross
negligence or willful misconduct of the building owner.
(6) Any term that requires the
telecommunications provider to supply the owner of an occupied building with
detailed plans and specifications for all wiring, equipment and construction
work for approval by owner. The terms of approval shall specify that such
approval shall not be unreasonably withheld.
(7) Any term that requires the owner of an
occupied building to provide, if reasonably available, building and riser
conduit or cabling for the use of the telecommunications provider, at a rate of
compensation agreed to by the parties and in compliance with the provisions of
subsection (f) 16-247l of the Connecticut general statutes and
Section
16-247d-7 of
the Regulations of Connecticut State Agencies.
(8) Any term that requires the
telecommunications provider to construct additional building and riser conduit,
provided that the entire cost of such wiring is assumed by the
telecommunications provider pursuant to Subsection (c) 16-247l
of the Connecticut general statutes.
(9) Any term that requires, upon voluntary
termination of telecommunications service by a tenant, a telecommunications
provider to give the owner of the occupied building the opportunity to acquire
the wiring at the replacement cost before removing installed inside
wiring.
Notes
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