Cable television, telephone, and Internet access play a vital role in the American communications network. However, in co-op and condominium buildings, who controls such access? Boards wish to retain maximum control over access, to maintain the building’s structural and aesthetic integrity and raise revenue by contracting with a single service provider for the entire building. Apartment owners want to select their own service providers so as to control their costs and services. This column updates our previous column,1 explores the access rights of apartment owners and boards and discusses legislation and case law regulating access to telecommunications services.
Federal and State Law
On Dec. 21, 2010, the Federal Communications Commission (FCC) adopted an order to preserve user control of access to the Internet by regulating provider management practices and prohibiting the blocking of Internet content and applications.2 The FCC order marks the first federal guarantee of unfettered consumer access to the Internet.
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