Broadband (Infrastructure and Contracting)

Regulations: Exclusive Contracts

• FCC Ban on Exclusive Access Contracts with Video Providers
  FCC Order that retroactively bans the enforcement of “building exclusivity” (i.e. building access clauses) between apartment properties and most video service providers. (November 2007)

• FCC Order on Exclusive Marketing and Bulk Billing Agreements
  Reaffirms the right of apartment owners to enter into exclusive marketing contracts and bulk billing agreements with video service providers. (March 3, 2010)

• Regulatory Guidance: FCC Order on Exclusive Cable Provider Contracts
  NMHC/NAA guidance on the FCC's November 13, 2007 retroactively prohibiting exclusive agreements between apartment firms and video service (cable) providers. (11/26/2007)

• FCC Ban on Exclusive Contracts with Telephone Service Providers
  FCC Order that retroactively bans the enforcement of “building exclusivity” (i.e. building access clauses) between apartment properties and telephone service providers. (March 2008)

Regulations: Inside Wiring/Mandatory Access

• FCC Final Inside Wiring Rules
  FCC rules governing the disposition of cable and wiring when provider contracts expire. Includes original 199 rules and amendments made in 2003 and 2007.

• NMHC Guidance: Apartments & the FCC's Amended Cable Inside Wiring Rules
  Details regulatory changes made by the FCC on January 29, 2003 that make it easier for apartment firms to switch or add cable providers. (March 2003)

• NMHC Q&A on the FCC Forced Access Ruling
  November 21, 2000

• Court Ruling Facilitates Multiple Cable Providers on a Property
  A U.S. Court of Appeals for the 10th Circuit has issued a significant victory for property owners that makes it easier for them to invite competitive cable providers to service their properties. (September 2004)

NMHC Resources

• Presentation: Communication and Technology – What Residents and Prospects Really Want
  Presentation on resident and prospect expectations regarding communication and technology preferences when looking to rent. (November 2011)

• Presentation: Telecommunications Legal Update: FCC Plan For Small Cell Wireless Deployment
  Presentation on the latest developments on the Federal Communications Commission for improving wireless service inside buildings, with emphasis on 4G roll-out. (November 2011)

Business Resources