§ 34-2005. Access to buildings.

The Public Service Commission shall have the authority to promulgate rules to ensure that access to public and privately owned buildings is afforded in a manner which does not unjustly or unreasonably discriminate between or among providers of telecommunications services. The Commission may initiate a rulemaking proceeding pursuant to this section only after determining that (1) federal telecommunications law and regulations authorize state public utility commissions to promulgate rules regarding building access; (2) substantial evidence exists that unjust and unreasonable discrimination regarding building access impaired telecommunications services competition in the District of Columbia; and (3) that promulgation of rules by the Commission regarding building access is the only effective means of removing the impairment to competition.