FCC Affirms retroactive lift of ban on bulk agreements for video services.

In March 2010 the FCC entered an important Order that affirms the right of apartment building owners the right to enter into exclusive marketing agreements and bulk billing agreements with video service providers.  The exclusive marketing agreements are different that the exclusive access agreements which are not allowed.  The exclusive marketing agreements are allowed because they promote one service but still allow competitors to service the property and compete for business. It was determined that the bulk agreements are actually beneficial to the consumers because of the price reductions that typically go along with the bulk agreements.  While an owner may enter into these agreements the owner cannot prohibit a tenant from utilizing another service at their own expense.  Owners can however control how and where other equipment may be installed on the property.  The tenant would bear the expense of any installation expenses and the cost of the alternative service.

The first link below takes you to the FCC Order. The second link takes you to the National Mutli-Housing Council site which discusses this ruling in further detail.  The third link takes you to a sample form and installation instructions used at a homeowner's association.  Property owners should have something similar included in their lease package which is delivered to the tenant when they move in to their apartment.


http://www.nmhc.org/Content/ServeFile.cfm?FileID=7941


http://www.nmhc.org/Content/ServeContent.cfm?ContentItemID=5610


http://www.lbprop.com/kk.pdf