On November 13, 2007, the Federal Communications Commission released its Report and Order (“Order”) in MB Docket No. 07-51, banning certain video service providers from enforcing and executing exclusivity clauses with owners of multiple dwelling units. The prohibition covers all cable operators, common carriers or their affiliates providing video programming to subscribers pursuant to Section 628(b) of the Act (“Video Common Carriers”), and open video service providers. Simultaneously, the Commission released a Notice of Proposed Rulemaking to explore the extension of the ban to other video service providers not covered by the Order, including DBS providers and private cable operators. The Order and its ban become effective 30 days after publication in the Federal Register.

The Communications Practice has prepared an advisory which discusses these releases in detail.