ARTICLE 52:
OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER

Sec. 5200.	Definitions.
Sec. 5201.	No Interference by Property Owner.
Sec. 5202.	No Discrimination by Property Owner Against Occupant.
Sec. 5203.	Applicability.
Sec. 5204.	Request to Inspect a Multiple Occupancy Building.
Sec. 5205.	Notice of Intent to Provide Service.
Sec. 5206.	Permitted Refusal of Access.
Sec. 5207.	Permitted Limitations on Access.
Sec. 5208.	Just and Reasonable Compensation.
Sec. 5209.	Notice of Violation.
Sec. 5210.	Enforcement by the City Attorney.
Sec. 5211.	Enforcement by Communications Services Providers and Occupants.
Sec. 5212.	Attorneys’ Fees and Costs.
Sec. 5213.	Civil Penalties.
Sec. 5214.	Statute of Limitations.
Sec. 5215.	Extensions of Time.
Sec. 5216.	Undertaking for General Welfare.
Sec. 5217.	Severability.
Sec. 5218.	No Conflict with Federal or State Law.

 

*Editor’s Note:

   Ord. 250-16, which added Sections 5200 through 5218, set forth this Article heading but did not mark it as an addition to the Code. The heading was subsequently added by Ord. 250-18, File No. 180002, approved 11/2/2018, effective 12/3/2018.

SEC. 5200. DEFINITIONS.

   For purposes of this Article 52:

   “City” means the City and County of San Francisco.

   “Communications services” means: (a) video service as that term is defined in California Public Utilities Code § 5830(s); (b) telecommunications services certificated by the California Public Utilities Commission under California Public Utilities Code § 1001; or (c) services provided by a telephone corporation as that term is defined in California Public Utilities Code § 234. Nothing in this definition is intended to limit the types of services that a communications services provider accessing a multiple occupancy building pursuant to this Article 52 may provide to occupants.

   “Communications services provider” means a person that: (a) has obtained a franchise to provide video service from the California Public Utilities Commission under California Public Utilities Code § 5840; (b) has obtained a certificate of public convenience and necessity from the California Public Utilities Commission under California Public Utilities Code § 1001 to provide telecommunications services; or (c) is a telephone corporation as that term is defined in California Public Utilities Code § 234. In addition, a communications services provider must have obtained a Utility Conditions Permit from the City under Administrative Code Section 11.9.

   “Existing wiring” means both home run wiring and cable home wiring, as those terms are defined by the Federal Communications Commission in 47 C.F.R. § 76.800(d) and 47 C.F.R. § 76.5(ll) respectively, except that those terms as used herein shall apply only to the home run wiring or cable home wiring owned by a property owner.

   “Just and reasonable compensation” means the “fair market value” of the impact on the multiple occupancy building as that term is defined in California Code of Civil Procedure § 1263.320.

   “Multiple occupancy building” means: (a) an apartment building, apartment complex, or any other group of residential units located upon a single premises or lot, provided that such multiple dwelling unit contains at least four separate units; and (b) a multi-tenant building used for business purposes that has separate units occupied by at least four different persons. Hotels, guesthouses, and motels, consisting primarily of guest rooms and/or transient accommodations, are not multiple occupancy buildings. Multiple occupancy buildings include properties that are rented to tenants, owned and occupied by individual owners, or occupied by shareholders/tenants of a cooperative.

   “Occupant” means a person occupying a unit in a multiple occupancy building.

   “Person” means any natural person or an entity including but not limited to a corporation or partnership.

   “Property owner” means a person that owns a multiple occupancy building or controls or manages a multiple occupancy building on behalf of other persons.

   “Request for service” means an expression of interest from an occupant received by a communications service provider either by mail, telephone or electronic mail. A contact between an occupant and a communications services provider through a sign-up list contained on the provider’s website will be deemed a request for service once the communications services provider confirms the request either by telephone or electronic mail.

(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)

SEC. 5201. NO INTERFERENCE BY PROPERTY OWNER.

   (a)   No property owner shall interfere with the right of an occupant to obtain communications services from the communications services provider of the occupant’s choice.

   (b)   A property owner interferes with the occupant’s choice of communications services provider by, among other things, refusing to allow a communications services provider to install the facilities and equipment necessary to provide communications services or use any existing wiring to provide communications services as required by this Article 52.

(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)