Federal Communications Commission to Release Order Prohibiting Use and Enforcement of Exclusive Access Clauses in Contracts for the Provision of Video Services to Multiple Dwelling Units

On October 31, 2007, the FCC adopted an Order prohibiting the use and enforcement of exclusive access clauses in contracts, between video service providers subject to Section 628 of the Act and multiple dwelling unit owners, for the provision of video programming services. The Order was accompanied by a Further Notice of Proposed Rulemaking seeking comment on, among other issues, whether the prohibition should be extended to other video service providers. Please see the attached advisory for more information on the impact of the FCC’s action.