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The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this web site or any of the links contained within the site do not create an attorney-client relationship between the Kandutsch Law Office and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

15
September
2014

Rooftop Antenna Lease

Cellular telephone carriers are in a rush to construct antenna towers, on which signal reception and transmission devices are located, for the purpose of extending the range of their networks and/or improving signal strength within service areas. These towers are often located on private property by means of a lease agreement with the property owner. In particular, high-rise buildings present an attractive location for cell tower siting, provided that there is unused space on the rooftop and from there a clear line of sight in all directions. The Rooftop Antenna Lease is an agreement by which the building owner allows the cell phone carrier to install and operate facilities on the rooftop in exchange for a monthly rental amount. Such a lease (or leases with multiple carriers) can function as a valuable source of ongoing revenue for the property owner or homeowners' association, provided that it contains adequate legal protections for the lessor.

Written by: Carl Kandutsch

29
April
2014

Retransmission Consent

Retransmission consent refers to a provision of the 1992 Cable Act that requires cable operators and other multichannel video programming distributors to obtain the consent of broadcasters before carrying their over-the-air programming. In exchange for carriage rights, the broadcaster typically requires that the operator pay a per-subscriber cash fee (and/or other compensation) for the right to carry the station.

Written by: Carl Kandutsch

29
April
2014

Multichannel Video Programming Distributor or “MVPD”

MVPD is an important term in the FCC’s regulatory regime governing cable television. Section 602(13) defines MVPD as “a person such as, but not limited to, a cable operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available for purchase, by subscribers or customers, multiple channels of video programming.”

Written by: Carl Kandutsch

29
April
2014

Online Video Distributor or “OVD”

Also known as “over-the-top” (“OTT”) content provider or aggregator. These terms refer to firms that offer video programming content to consumers over the Internet by means of websites and other applications. Well known OVDs currently include Netflix, Hulu, NOW TV, and Whatever TV, but new companies spring up almost overnight.

Written by: Carl Kandutsch

11
March
2012

Ownership of Cable Inside Wiring - Wiring as a Fixture - Exclusive Use of Inside Wiring

Ownership of cable inside wiring is generally allocated by agreement between the service provider and the MDU property owner (or HOA). Where the ownership issue is not addressed in an agreement, the wiring is presumptively a fixture of the real estate and therefore the property of the owner.

Written by: Carl Kandutsch

10
March
2012

Cable Mandatory Access Law

19 States have enacted “Mandatory Access” statutes. In addition, and indeterminate number of local ordinances (for example, the City of Los Angeles, California) include Mandatory Access provisions.

09
March
2012

Termination of ROE Agreements

When a service provider is not performing its obligations as required, it may be necessary for the property owner (or HOA) to terminate or renegotiate the provider’s ROE agreement for the property.

Written by: Carl Kandutsch

09
March
2012

Condominium Statutes Allow HOAs to Terminate Some Cable Access Agreements

Most (if not all) States have provisions in their condominium statutes that allow the owners’ association, after control over the condominium’s governing body is transferred from the developer to a voting majority of condominium owners other than the developer, to cancel service agreements entered into by the developer prior to such transfer of control.

Written by: Carl Kandutsch

08
March
2012

Inside wiring rules - 47 CFR 76.800

“Inside Wiring” refers to the cable wiring infrastructure inside an multi-dwelling-unit (MDU) building. The wiring may be of several types: coaxial cable wiring (RG6), copper twisted pair (Cat5) or fiber optic cable wiring.

Written by: Carl Kandutsch

07
March
2012

Cable demarcation point - FCC Sheet Rock Order - 47 CFR 76.5

The cable demarcation point is the point at which responsibility for inside wiring changes from the service provider to the resident-subscriber.

Written by: Carl Kandutsch

07
March
2012

Home run wiring - 47 CFR 76.804

The FCC defines home run wiring as “the wiring from the demarcation point to the point at which the MVPD's wiring becomes devoted to an individual subscriber or individual loop.”

Written by: Carl Kandutsch

06
March
2012

Cable home wiring - 47 CFR 76.802

Cable home wiring is “the internal wiring contained within the premises of a subscriber which begins at the demarcation point.

Written by: Carl Kandutsch

04
March
2012

MDU Cable Lock Box - Neutral Cable Lock Box

Here is a typical scenario:

An MDU owner or HOA signs a right of entry agreement with a satellite provider, asking the provider to compete with the incumbent cable operator for subscribers at an apartment or condominium property. The agreement gives the satellite provider a right to access and use existing inside wiring to carry its signal to subscribers. However, the incumbent cable company refuses to open its proprietary lock box, and warns the alternative provider that anyone tampering with the box will prosecuted for trespass and vandalism.

Written by: Carl Kandutsch

02
March
2012

OTARD

The purpose of the OTARD rule is to prohibit owners or managers of MDU properties from restricting a resident’s ability to install an individual dish antenna on his/her balcony, thus encouraging competition in MVPD markets from satellite television providers.

Written by: Carl Kandutsch

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Question of the Day

  • Question of the Day #3 -- What is an “ROE Agreement”?

    When a service provider enters an MDU property for the purpose of providing services to residents, it is necessary and appropriate that the owner sign an ROE Agreement with the service provider because the service provider is entering, operating on and generating a profit on private property and the most basic characteristic of private property is the owner’s right to exclude . . .

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