I found several law firms with articles like this excerpt: “Notwithstanding the FCC’s Exclusivity Order, MDU owners and service providers are still able to negotiate what are in effect de facto exclusive ROE agreements by several means. Common methods of conferring monopoly status on a selected provider include granting exclusive on-site marketing rights and/or exclusive use of existing cable inside wiring owned by the property owner (or HOA). Because access to private property (including access to common areas for on-site marketing purposes and access to wiring) is a valuable right, service providers often pay financial compensation to the property owner in exchange for access. Provider to owner compensation is typically paid in the form of an upfront “door fee,” based on the number of residential units at the property, and/or monthly or quarterly percentages of the provider’s recurring subscription revenue received from property residents.”
Sounds like building owner is likely getting money from the other guys. From: Sterling Jacobson Sent: Monday, January 25, 2016 3:00 PM To: [email protected] Subject: Re: [AFMUG] Can a provider have exclusive rights to MDU access cabling? I would just talk to the building owner. They usually have final say on what goes on in their building, including wiring. If they have some special agreement or something with another provider/contractor, then it’s up to them to disclose that. From: Af [mailto:[email protected]] On Behalf Of Gino Villarini Sent: Monday, January 25, 2016 1:13 PM To: Animal Farm <[email protected]> Subject: [AFMUG] Can a provider have exclusive rights to MDU access cabling? A local provider wired a whole business MDU. We are trying to light up a customer on the premises. They are charging ridiculous fees to access the cabling. Is this legal?
