STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re:  Exclusive Service Contracts for Provision of Video Services in Multiple Dwelling Units 
and Other Real Estate Developments 
Thanks to this item, Americans who live in multiple dwelling units (MDUs) will be able 
to reap the benefits of competition and consumer choice just like those who live in single-family 
homes. It’s a lot of people – nearly thirty percent of our total population and an even higher 
percentage of the overall minority population.
Today’s decision is a significant step forward not just for what it does, but also for what it 
does not do. It does not prevent a property owner from negotiating a bulk discount for its 
residents or bargaining for heightened customer service requirements. Nor does it give any video 
provider the right to enter an MDU over the objection of the property owner. It simply removes a 
large obstacle to providing residents of MDUs with the ability to choose among alternative 
providers serving the surrounding community.
We could have gone even further. I am particularly concerned about the potential of 
tipping the playing field in favor of particular services or particular competitors. Markets can 
move quickly in response to regulatory changes, and it may be that some MVPDs not covered by 
today’s decision will attempt to fill the vacuum by marketing themselves as the only exclusive 
game in town. Happily we will be addressing these competitive parity issues in the next six 
months. In the meantime, I would caution any MVPDs seeking to take advantage of this 
regulatory lag time that they do so at their own risk. I agree with several public interest 
commenters in this record who argued, “the Commission should apply the policy of access with 
an equal and impartial hand.”1 In this regard, I’m pleased that my colleagues have agreed to 
conclude within the next two months the open proceeding examining the permissibility of 
exclusive contracts for telecommunications services in residential MDUs. I am also pleased that 
we will be looking at expanding the multi-channel video service providers (MVPDs) covered by 
the rule we adopt today. The sooner we complete action on all this, the better off consumers will 
be.  
This is a good and significant step forward, I thank the Bureau and my colleagues for 
their hard work on it, and I am pleased to support the item.
  
1 See Ex Parte Comments of Consumer Federation of America, Consumers Union, New America 
Foundation, Free Press, Public Knowledge, and U.S. PIRG, dated October 24, 2007.