On May 26, 2009, the United States Court of Appeals for the District of Columbia Circuit, in the case of National Cable & Telecommunications Ass’n v. Federal Communications Commission, 2009 WL 1444094 (D.C. Cir. 2009), upheld a rule and order of the Federal Communications Commission, 22 F.C.C.R. 20,235 (2007), that banned exclusivity provisions in contracts between cable companies and owners of apartment buildings.   There is the possibility that this decision may be reviewed by the U.S. Supreme Court, but absent a reversal by the Supreme Court, the FCC rule governs. The decision by the Court of Appeals is an important… Read more