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FCC Votes To Ban Exclusive Telco Broadband Deals
After applying the ban for cable operators last year...
(old news - 10:11AM Thursday Mar 20 2008)
tags: legal · fcc · business · consumers

Last October the FCC banned cable operators from striking exclusive contracts with apartment landlords. According to the FCC press release (pdf), 30% of Americans live in MDUs, and cable providers are locking many of them into exclusive deals that prevent consumer choice. The ruling contradicted a 2003 FCC decision that embraced exclusive deals between MSOs and MDU owners, but that was before phone companies entered the TV business.

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The new FCC rules weren't an automatic competitive miracle, as they didn't force landlords to provide tenants with access to any ISP they choose. Landlords can still deny an ISP access, they just can't use exclusivity clauses as the excuse. The ruling may also not stand up to a legal assault from the cable industry, which has fired up its legal machine to seek a stay on the FCC order, stating the FCC doesn't have the right to nullify existing contracts.

This week the FCC voted to extend that same ban to include phone companies (pdf). The primary focus is on apartment living, and the agency estimates that some 100 million Americans are renters. The Los Angeles Times explores why landlords are annoyed by the ruling:

Apartment owners grant exclusive rights to phone companies in return for discounts ranging from 10% to 30%, according to Alex Winogradoff, telecom analyst with technology research firm Gartner Inc. Most of those savings went in the owners' pockets, not the tenants', he said. Winogradoff estimates that as many as 60% of apartments nationwide now have exclusivity agreements with phone companies, compared with 15% five years ago.

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Forums » FCC Votes To Ban Exclusive Telco Broadband Deals


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KrK Heavy Artillery For The Little Guy Premium join:2000-01-17 Tulsa, OK	It's only fair.... ... if they apply it to Cable operators, that the same should apply to Telco Video providers. Nice picture btw Karl
	permalink · 2008-03-20 10:19:03 ·

TK Junk Mail Go ahead, make my day Premium join:2002-03-03 Margate City, NJ clubs: ·Comcast	Re: It's only fair.... said by KrK : ... if they apply it to Cable operators, that the same should apply to Telco Video providers. Nice picture btw Karl Discussion yesterday about this topic: »Not parity -- My BLOG .. .. Internet News .. .. My Web Page
	permalink · 2008-03-20 10:26:17 · Print ·

KrK Heavy Artillery For The Little Guy Premium join:2000-01-17 Tulsa, OK	Re: It's only fair.... Hmm... I was thinking yesterday's thread dealt with phone services only, and this is a new ruling about video services.
	permalink · 2008-03-20 10:29:18 ·

TK Junk Mail Go ahead, make my day Premium join:2002-03-03 Margate City, NJ clubs: ·Comcast	Re: It's only fair.... said by KrK : Hmm... I was thinking yesterday's thread dealt with phone services only, and this is a new ruling about video services. No. It was the same ruling being referred to. »www.reuters.com/article/technolo···20080319 It was just that Reuters didn't make that clear in their news item. -- My BLOG .. .. Internet News .. .. My Web Page
	permalink · 2008-03-20 10:37:39 · Print ·

ropeguru Premium join:2001-01-25 Hollywood, FL clubs:	said by TK Junk Mail : said by KrK : Nice picture btw Karl Hey, isn't that the last box Splitpair worked on??
	permalink · 2008-03-20 10:39:29 · Print ·

TK Junk Mail Go ahead, make my day Premium join:2002-03-03 Margate City, NJ clubs: ·Comcast edit: March 20th, @10:23AM	What a rats nest LOL. It would take 2 techs a week with punch down tools to straighten out that mess. How would you like to work for a competing telco and try and get in to that apartment building and bid for new customers. -- My BLOG .. .. Internet News .. .. My Web Page
	permalink · 2008-03-20 10:21:10 · Print ·

KrK Heavy Artillery For The Little Guy Premium join:2000-01-17 Tulsa, OK	Re: What a rats nest "Let me just re-wire this thingmajingy real fast".... LOL
	permalink · 2008-03-20 10:24:43 ·

BabyBear Keep wise ...with Night-Owl join:2007-01-11	Re: What a rats nest said by KrK : "Let me just re-wire this thingmajingy real fast".... LOL Its nice to see the people of Calcutta finally get service. Maybe the cat heard its a rats nest and he's out looking for dinner. Or perhaps he's a telecom employee.
	permalink · 2008-03-20 10:36:35 · Print ·

The Beer I Love It When A Plan Comes Together Premium join:2001-07-24 Omaha, NE clubs:	Just imagine a fire....
	permalink · 2008-03-20 10:29:15 ·

KrK Heavy Artillery For The Little Guy Premium join:2000-01-17 Tulsa, OK	Re: What a rats nest A fire would probably improve service
	permalink · 2008-03-20 10:29:58 ·

JSRoman Premium join:2005-03-10 Callahan, FL	I would love to know where that picture was taken. Someone needs to be fired and not the lower level tech but whoever is responsible for supervising that area. -- »www.seabee.navy.mil
	permalink · 2008-03-20 10:37:51 ·

BabyBear Keep wise ...with Night-Owl join:2007-01-11	Re: What a rats nest Somewhere in Beirut. Just ask the Lebanese cat.
	permalink · 2008-03-20 10:38:52 ·

Jerm

join:2000-04-10
Richland, WA

edit:
March 20th, @12:00PM

Re: What a rats nest

Wow that reminds me of when I was in Nairobi Kenya - all the cables are just mash'd together like that strung like spagetti.

I was riding down the road and my driver and I found a couple of kids playing like monkeys hanging from a large bundle of telephone wire they had partially pulled down.

He yelled at them in swahili as we drove past not to do that but as I looked out the rear window they just continued on.

Found out later when asking my host that it's quite common for the phone service to be up only half the time or less. Repair time can be between three weeks and three months

Africa time does not rock.

permalink · 2008-03-20 11:59:44 · Print ·

TK Junk Mail Go ahead, make my day Premium join:2002-03-03 Margate City, NJ clubs: ·Comcast edit: March 20th, @10:47AM	said by JSRoman : I would love to know where that picture was taken. Someone needs to be fired and not the lower level tech but whoever is responsible for supervising that area. Pic from here: »images.google.com/imgres?imgurl=···26sa%3DG The file name has "beirut-phone-wiring.jpg". But who knows where it originally came from. -- My BLOG .. .. Internet News .. .. My Web Page
	permalink · 2008-03-20 10:42:11 · Print ·

bogey780 join:2004-03-19 Covington, LA	Re: What a rats nest Hehe...figured it wasn't American. Even a fly by night cable tv guy wouldn't be that bad with his installation
	permalink · 2008-03-20 11:09:55 ·

Vertickle join:2003-08-05 Madison, AL	Re: What a rats nest said by bogey780 : Hehe...figured it wasn't American. Even a fly by night cable tv guy wouldn't be that bad with his installation Dunno about that. I've seen some pretty bad installs done by trunk-slammers. Too bad I didn't take some pics.
	permalink · 2008-03-20 11:26:10 ·

battleop join:2005-09-28 00000	I've seen some phone closets in some multi tenant buildings that seemed that bad.
	permalink · 2008-03-20 11:42:27 ·

supergirl join:2007-03-20 Pensacola, FL ·Skype ·Cox VOIP ·Cox HSI ·AT&T Southeast ·magicjack.com	said by JSRoman : I would love to know where that picture was taken. Someone needs to be fired and not the lower level tech but whoever is responsible for supervising that area. I think that picture was taken outside Karl's house. -- Saving the world keeps me busy. However, I find Earth very primitive from my home planet of Krypton. -Supergirl
	permalink · 2008-03-20 16:56:09 · Print ·

axus

join:2001-06-18
Washington, DC

·Verizon Online DSL

Always a question of how much power FCC has

I think they usually get what they want from the courts. The FCC was authorized by an act of congress, spelling out WHO they could regulate, but not so much WHAT they could regulate. There has to be some limits, they can't just seize assets and things like that without cause. They were successful at standing up for renters who wanted to put up a satellite dish, despite the agreements they were in.

I think its a great idea, if they lose in court I hope that Congress passes a bill to give them more authority over contracts involving the companies they regulate.

permalink · 2008-03-20 10:45:14 · Print ·

PDXPLT join:2003-12-04 Banks, OR	Re: Always a question of how much power FCC has said by axus : They were successful at standing up for renters who wanted to put up a satellite dish, despite the agreements they were in. That was based on explicit authority granted to them by Congress, and an directive ordering them to do so, contained in the 1996 Telecomm Act. I think this ruling is based on the same Act of Congress.
	permalink · 2008-03-20 16:59:53 · Print ·

batageek
Slave To The Duopoly
Premium
join:2003-01-25
Batavia, IL

Previous Line Sharing Requirements/Regs?

The new FCC rules weren't an automatic competitive miracle, as they didn't force landlords to provide tenants with access to any ISP they choose. Landlords can still deny an ISP access, they just can't use exclusivity clauses as the excuse. The ruling may also not stand up to a legal assault from the cable industry, which has fired up its legal machine to seek a stay on the FCC order, stating the FCC doesn't have the right to nullify existing contracts.

I'm a little confused.

It seems that a copper based delivery to a MDU would be open to any ISP by default because of telco line-sharing requirements.

It also seems that a fiber based delivery to a MDU would be closed to any ISP by default because of the lack of telco line-sharing requirements for new fiber buildouts. That is unless of course the fiber builder wanted to make the fiber open to competitors...

These bans seem unenforceable for the telcos because of previous legislation...
--
»www.tricitybroadband.com

permalink · 2008-03-20 11:18:14 · Print ·

ace1974 join:2007-06-09 Goldsboro, NC	Not in use I can just about bet that that thats some old abandoned stuff.
	permalink · 2008-03-20 11:31:15 ·

brooklynman4 join:2004-09-07 Brooklyn, NY	Re: Not in use Yeah u can see how that underground pipe is bended in half lol.
	permalink · 2008-03-20 12:33:30 ·

cab0l @northropgrumman.com	single family homes bound by HOA What about single family homes bound by HOA contract to have to pay a single cable provider, In there dues. Forced to pay the service if the person would rather use say DTV. Are there rights in not paying for a service not wanted? Just because you like the community.
	permalink · 2008-03-20 12:34:54 ·

morbo Complete Your Transaction join:2002-01-22 00000 clubs:	Re: single family homes bound by HOA you made the decision to live in a HOA and you knew of the contract before buying the house. in other words, you had a choice. regretting it now, huh?
	permalink · 2008-03-20 21:07:26 ·

majortom1029 join:2006-10-19 Lindenhurst, NY	these rulings dont matter These rulings dont mattert. The landlord still controls who can do things in his building. So instead of one of these contracts he can just refuse anybody but that one company from doing things inside his building. No contract required.
	permalink · 2008-03-20 12:35:03 ·

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Forums » FCC Votes To Ban Exclusive Telco Broadband Deals


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