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.