Sec.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 16-247l 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.

(Effective October 26, 1995)