Blog

The FCC adopted rules prohibiting providers from entering into enforcing two types of revenue sharing agreements -- graduated revenue sharing agreements and exclusive marketing arrangements -- with MTE owners that amount to de facto exclusive access agreements and require providers to disclose the existence of exclusive marketing arrangements. The FCC also clarified that existing cable inside wiring rules prohibit “sale-and-leaseback” arrangements.

The FCC released a Public Notice asking interested parties to update the record on practices in MTEs that could limit competition or deployment, including (1) revenue sharing agreements; (2) exclusive wiring arrangements, including sale-and-leaseback arrangements; and (3) exclusive marketing arrangements.