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

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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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