Exclusivity Clauses In Cable Contracts Are Dead, For Good, Says The Court
In late 2007, the FCC ruled that exclusivity clauses in bulk cable agreements between cable companies and owners of apartment buildings and other multi-unit developments were illegal. (I wrote about this ruling shortly after it was announced—-check out my blog entry HERE).
Some people didn't like that ruling—and I call those people "the cable companies." Simply put, the cable companies felt that the FCC exceeded its authority by banning exclusivity clauses.
UPDATE!!!
The United States Court of Appeals has entered the fray and sided with the FCC. In a decision handed down this week, the Court concluded that the FCC "acted well within the bounds" of the law in outlawing exclusivity clauses in bulk cable agreements. The case, captioned "National Cable & Telecommunications Association v. Federal Communications Commission and United States of America", can be found HERE.
My opinion? I agree with the FCC and the Court—exclusivity agreements in bulk cable agreements do not help the residents—they are highly anti-competitive. They are (or, shall I say, "were") cumbersome, onerous, and archaic.
And so, let us bid a final "adieu" to exclusivity clauses in bulk cable agreements. Let us burn them, bury the ashes, and salt the ground so they may never rise again.
Some people didn't like that ruling—and I call those people "the cable companies." Simply put, the cable companies felt that the FCC exceeded its authority by banning exclusivity clauses.
UPDATE!!!
The United States Court of Appeals has entered the fray and sided with the FCC. In a decision handed down this week, the Court concluded that the FCC "acted well within the bounds" of the law in outlawing exclusivity clauses in bulk cable agreements. The case, captioned "National Cable & Telecommunications Association v. Federal Communications Commission and United States of America", can be found HERE.
My opinion? I agree with the FCC and the Court—exclusivity agreements in bulk cable agreements do not help the residents—they are highly anti-competitive. They are (or, shall I say, "were") cumbersome, onerous, and archaic.
And so, let us bid a final "adieu" to exclusivity clauses in bulk cable agreements. Let us burn them, bury the ashes, and salt the ground so they may never rise again.
Posted by Bradley Gross at 5/30/2009 12:02 AM 
Categories: FCC,FCC; Cable Television; Telecommunications,Cable Television,Telecommunications
Tags: bulk cable agreements; MDU; cable television technology law cable law
Categories: FCC,FCC; Cable Television; Telecommunications,Cable Television,Telecommunications
Tags: bulk cable agreements; MDU; cable television technology law cable law
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