FCC Bans the Use of Exclusive Access Contracts between Video Service Providers and Multi–Dwelling Unit Owners


On November 13, 2007, the Federal Communications Commission (“FCC”) released the text of its October 31st Order prohibiting multi-channel video programming distributors (“MVPDs”) from including exclusive service provisions in service contracts with multiple dwelling unit (“MDU”) property owners and other multi-dwelling real estate developments. In addition to the prospective ban, the FCC Order voids all existing exclusivity clauses.

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