Telecommunications Alert: FCC Clarifies Policy on MDU Bulk Billing and Exclusive Marketing Arrangements with Cable and Other Video Providers

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In 2007, the Federal Communications Commission (FCC) prohibited “building exclusivity” clauses in contracts between apartment buildings, real estate developments, and other multiple dwelling units (MDUs) and cable, direct broadcast satellite (DBS) and other multi-channel video program distributors (MVPDs). At that time the FCC also sought comments on whether some or all MVPDs should be prohibited from using “bulk billing” or “exclusive marketing” arrangements.

The FCC released an order yesterday ruling that its 2007 MDU Exclusivity Order does not prohibit either type of arrangement and that such agreements remain permissible.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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