Contributed Article
Efforts by NMHC and the Real Estate Technology & Transformation Center are attempting to ensure that regulations work for modern housing.
By: Kevin Donnelly, RETTC and Valerie M. Sargent, Broadband Communities
The National Multifamily Housing Council (NMHC) and the Real Estate Technology & Transformation Center (RETTC) are continuing their leadership in advocating for a regulatory framework that better reflects the needs of modern rental housing. In their most recent filing with the Federal Communications Commission (FCC), the organizations are urging the agency to roll back a suite of outdated and overly broad rules that hamper property innovation, raise costs, and do little to serve residents.
The filing is part of the FCC’s broader “Delete, Delete, Delete” proceeding in which the FCC is seeking comment on “deregulatory initiatives that would facilitate and encourage American firms’ investment in modernizing their networks, developing infrastructure, and offering innovative and advanced capabilities,” and it follows a years-long push by NMHC and RETTC to reduce unnecessary red tape in the connectivity space.
These efforts align with the organization’s broader campaign, highlighted in a recent letter to the White House, to bring attention to regulatory burdens that drive up housing costs and limit access to new technologies. NMHC and RETTC’s work in the broader policy space emphasizes smarter, streamlined regulation as key to delivering housing options that are affordable, connected, and responsive to evolving consumer demands.
Making the case for closure
At the heart of the FCC filing is a clear and forceful request: officially close the long-running “Multiple Tenant Environment” (MTE) proceeding, a docket concerning broadband and cable service competition in apartment buildings and other multi-unit buildings that has lingered open since 2017. Despite multiple rounds of input—including NMHC and RETTC members providing a wealth of information and data to the FCC—no new proposals have emerged that warrant continued review.
“The uncertainty created by an open docket discourages innovation,” NMHC and RETTC noted in the filing. “Property owners remain cautious, wary that the Commission might revisit or reinterpret old proposals at any time.”
The organizations argue that the marketplace has evolved, and the issues raised in the MTE docket have been thoroughly examined. Keeping it open only invites unnecessary litigation and regulatory confusion.
Clarifying the scope of digital discrimination rules
The FCC’s digital discrimination rules, adopted under the Infrastructure Investment and Jobs Act, were designed to prevent providers from engaging in discriminatory practices. However, the FCC’s interpretation of those rules went too far, extending the definition of “covered entities” to include rental housing owners.
This, NMHC and RETTC contend, is a fundamental misreading of the law.
“Property owners do not set broadband prices or service terms,” the filing explains. “They are not internet providers and should not be regulated as if they were.”
The FCC’s overreach in this area not only has resulted in significant legal challenges. It also misdirects enforcement resources and creates compliance burdens for property managers who have no control over the underlying service infrastructure.
Outdated rules that no longer fit
The filing also calls on the FCC to repeal several specific rules that no longer serve their intended purpose:
- Cable inside wiring rules: These regulations assume that renters want to purchase in-unit wiring—a premise that has proven false over decades of market behavior. Moreover, the rules go beyond the FCC’s statutory authority by extending to wiring installed on infrastructure not owned by subscribers.
- OTARD rule expansion: Originally meant to protect video consumers’ rights to install satellite dishes, the rule has now been distorted to allow wireless broadband providers to install antennas on leased properties without owner consent. NMHC and RETTC argue this represents a misuse of authority and ignores the rights of property owners.
- Bans on exclusive and graduated revenue share agreements: These bans were rooted in a loose interpretation of a statute that doesn’t address housing provider-technology partner relationships. Recent court decisions, including the U.S. Supreme Court’s reversal of the Chevron doctrine, provide new grounds to reconsider the FCC’s prior reasoning.
A path toward smarter regulation
Taken together, NMHC and RETTC’s comments to the FCC represent a strong call for clarity, accountability, and restraint. By asking the FCC to officially close legacy proceedings, amend overly expansive definitions, and repeal outdated rules, the organizations are pushing for a policy environment that supports innovation, reduces housing costs, and respects property rights.
“The apartment industry plays a vital role in housing over 40 million Americans,” the filing concludes. “To meet that responsibility, we need a regulatory framework that empowers—not inhibits—property owners and residents alike.”
With federal agencies increasingly reexamining their regulatory scope, NMHC and RETTC’s work is paving the way for a more balanced, effective approach to housing and connectivity—one that reflects today’s realities, not yesterday’s assumptions.
Kevin Donnelly is Executive Director and Chief Advocacy Officer for the Real Estate Technology & Transformation Center (RETTC) and can be reached at kdonnelly@rettc.org. Valerie M. Sargent is a multifamily speaker, trainer and executive consultant, and is the multifamily news correspondent for Broadband Communities. Contact her at http://www.valeriemsargent.com.
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