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ON DEMAND: New FCC Policy on Service Provider Access to MDUs & Possible Limits on MDU Broadband/Wireless Deals

Credit: 0 Credit Hours
Run Time: 48 Minutes

**This is a previously recorded program, originally on September 12, 2019.

This session focuses on a recent decision and a series of inquiries by the Federal Communications Commission (FCC) looking into alleged anti-competitive effects of broadband, video, and voice (“Triple Play”) agreements that multiple dwelling unit (MDU) developers and owners  negotiate with services providers, such as Comcast, Verizon and RCN, and rooftop leases and inbuilding distributed antenna systems (DAS) agreements that MDUs negotiate with wireless carriers. On 10 July 2019, the FCC adopted a Notice of Proposed Rulemaking (NPRM) and Declaratory Ruling. The Declaratory Ruling preempts a San Francisco ordinance to the extent it requires sharing of in-use MDU wiring but encourages state and local laws or ordinances that would require owners and developers to grant a broadband services providers' access to their properties to install inbuilding wiring to deliver services to residents. The NPRM responds to concerns raised by some “competitive providers” over revenue sharing and exclusive marketing provisions in Triple Play agreements with MDUs and, responding to concerns of several wireless carriers, seeks comment on adverse competitive effects of exclusivity provisions in rooftop leases and whether so-called “monopoly rents” for access to inbuilding DAS may impair deployment of 5G technologies.

Sponsored by: Real Estate Transactions Committee of the D.C. Bar Real Estate, Housing and Land Use Community

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  • Douglas Jarrett, Partner, Keller and Heckman LLP
  • Thomas Magee, Partner, Keller and Heckman LLP

On Demand Registration Fees: $20 D.C. Bar Law Student Community Member; $35 D.C. Bar Real Estate, Housing and Land Use Community Member; $65 D.C. Bar Member; $65 Government/Nonprofit; $85 Non-member

Please select Individual Registration to register.

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