NAA/NMHC have learned that a draft order before the Federal Communications Commission (FCC) would allow exclusive contracts between apartment properties and private cable operators and direct broadcast satellite providers. In 2008, the FCC banned exclusive access agreements with franchise cable firms and other carriers that provide video service under Section 628 of the Communications Act (47 U.S.C. Section 548).
Importantly, the draft is expected to allow bulk-billing and exclusive marketing arrangements between properties and video providers.
It is unclear when the FCC might vote on the draft, which is not publicly available. NMHC and NAA appealed the 2008 ban in federal court. Although the court ruled in favor of the FCC and let stand the 2008 order, the case served as a preemptive challenge to the FCC’s authority to further regulate contracts under the Communications Act.