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New FCC Policy on Service Provider Access to MDUs and Possible Limits on MDU Broadband/Wireless Deals

Date(s):
September 12, 2019
Description:

Credit: 0 Credit Hours

**Pre-registration is now closed for this program.

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.

 
The session will clarify terminology, review the principal types of and provisions in Triple Play agreements, and discuss potential FCC regulation of rooftop leases and DAS agreements. We will outline  the practical implications of the Declaratory Order and the possible outcomes of the issues raised in the NPRM. Overarching FCC policies will be outlined as well.
 
Pre-registration for this program is encouraged. As always, please feel free to share this invitation with colleagues. D.C. Bar membership is not required to attend. Food is available on a first-come, first-served basis. Doors open at 12:30 pm.
 
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Sponsored by: Real Estate Transactions Committee of the D.C. Bar Real Estate, Housing and Land Use Community
Related Communities of Interest: D.C. Bar Administrative Law and Agency Practice Community; D.C. Bar District of Columbia Affairs Community; D.C. Bar Law Student Community
 
This program is available for both in-person and live webcast participation. To access webcast registration, please click here. Please Note: Requests for changes to registration from in-person attendance to webcast must be made by 10:00 am the day of the event.
 
Speakers:
  • Douglas Jarrett, Partner, Keller and Heckman LLP
  • Thomas Magee, Partner, Keller and Heckman LLP
 
EARLY BIRD REGISTRATION
Registration Fee: $0 Sponsoring/Related Community Member; $10 Law Student; $15 Government/NonProfit; $20 D.C. Bar Member; $25 Non-Member
 
REGULAR REGISTRATION *after September 6, 2019
Registration Fee: $10 Sponsoring/Related Community Member; $10 Law Student; $25 Government/NonProfit; $30 D.C. Bar Member; $35 Non-Member
 
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Douglas Jarrett, Partner, Keller and Heckman LLP

Thomas Magee, Partner, Keller and Heckman LLP