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FCC Prohibits Exclusivity Agreements Between Multiple Dwelling Units and Most Cable Companies

November 07, 2007

By John Griffith Johnson, Jr. and Jason Rosenstock

On October 31, 2007, the Federal Communications Commission unanimously adopted a Report and Order that prohibits the enforcement of exclusivity clauses in contracts for the provision of video services to Multiple Dwelling Units, such as apartment buildings, condominiums, trailer parks, etc. The Order applies to most cable operators, although the Commission also made it clear that it would be considering whether to extend the ban on exclusivity contracts to other video providers (i.e., satellite, private cable operators, and telephone companies) in the coming months.