On April 27, 2022, the Federal Communications Commission’s February 2022 Report and Order and Declaratory Ruling adopting rules proscribing or conditioning certain practices by common carriers and multichannel video programming distributors (“MVPDs”) as they serve multiple tenant environments (“MTEs”) takes partial effect. The Report and Order and Declaratory Ruling complement earlier actions by the Commission taken more than fifteen years ago prohibiting telecommunications carriers from entering into or enforcing exclusivity contracts with MTE owners in both commercial and residential MTEs prohibiting certain MVPDs from entering into or enforcing exclusivity contracts with residential MTE owners. Generally, the new rules adopted this year prohibit providers from entering into certain types of revenue sharing agreements with MTE owners, and require affected providers to disclose the existence of exclusive marketing arrangements they have with MTE owners in simple, easy-to-understand language. With the March 28, 2022, publication of the Report and Order in the Federal Register, it generally goes into effect on April 27, but there are exceptions which delay the effectiveness of some of the key provisions which providers should be aware of, pushing out compliance of parts of the new rules to September 24, 2022, and possibly even later.

A few points regarding the scope of the new rules may be helpful. The term MTE includes both commercial and residential premises, such as apartment buildings, condominium buildings, shopping malls, or cooperatives occupied by multiple tenants, but, in the case of the proscriptions described here, MVPDs are affected only in residential MTEs whereas common carriers are affected in all MTEs.  MVPDs include cable operators, satellite cable programming vendors in which a cable operator has an attributable interest, or satellite broadcast programming vendors. Broadband-only providers that do not meet the definition of common carrier or MVPD are not subject to the new rules.

Continue Reading Sorting Out the Multi-Step Phase-In of the FCC’s February 2022 Multi-Tenant Environment Order

Owners and operators with incumbent earth stations operating in the 3700-4000 MHz range have three weeks to choose between the two options created by the Federal Communications Commission (“FCC” or “Commission”) in its so-called C-Band proceeding, which requires transition of those earth stations out of the 300 MHz range. The two options each owner/operator has are either to elect to receive lump sum amounts the FCC announced in a Public Notice on July 30, 2020, for all of an owner/operator’s earth stations operating in the band, or to have the associated space station operators undertake the transition of the earth stations on a turn-key basis in accordance with the space station operators’ transition plans. Those plans will only be finalized on August 14, 2020. The lump sum elections, which are irrevocable if made, must be declared in on-line filings with the Commission on or before August 31, 2020, as explained at the end of the July 30 Public Notice.

Continue Reading Clock Winding Down on August 31 Lump Sum Election Date for C-Band Earth Stations

After a lengthy hiatus of more than a decade following Office of Management and Budget (“OMB”) review of several provisions in the FCC’s pole attachment complaint rules having information collection requirements, including rules placing obligations on certain cable television operators and pole owners, the Commission earlier this week published notices making those rules effective. In 1998 and 2000, the Commission modified its pole attachment regulations to require, among other things, that cable operators notify pole owners upon commencing to offer telecommunications services and that pole owners and other utilities, within 30 days of a request from a telecommunications carrier or cable operator, provide information to support a rate, term, or condition for attachment to or occupation of a pole, duct, conduit, or other right-of-way of the pole owner or utility.

Continue Reading FCC Pole Attachment Rule Provisions Obligating Poles Owners to Make Information Regarding Rates Available Take Effect after a Long Wait