FCC Seeks Comment in MDU Exclusivity Proceeding

On Monday, January 7, 2008 an FCC order which voids exclusive contracts between multichannel video programming distributors (“MVPDs”) subject to section 628 of the Communications Act and owners of multiple dwelling units (“MDUs”) was published in the Federal Register. The FCC also released a notice of proposed rulemaking (“NPRM”) seeking comment on whether providers of Direct Broadcast Satellite (“DBS”) and Private Cable Operators (“PCOs”) should be permitted to have exclusive access to MDUs. The notice also considers prohibiting exclusive marketing arrangements and bulk billing. The purpose of the NPRM is to determine whether these practices benefits or harms video consumers in MDUs. Comments are due on or before February 6, 2008 and reply comments are due on or before March 7, 2008.