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. Typical issues that give rise to breach of an ROE agreement are the provider failing to upgrade its system so that competitive services may be offered in a rapidly evolving technological environment, failing to provide adequate customer service, failing to maintain continuous service without undue outages or interruptions, failure to make agreed-upon revenue share payments, and so on.
Termination of ROE agreements can be a complicated process and expert advice and counsel is recommended. In particular, it is important to recognize that litigation is usually not required for the property owner (or HOA) to achieve a desirable outcome, and for that reason, retention of a litigation lawyers is often not productive.
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"Our 399 unit condo decided to move from a bulk cable service contract to a competitive cable service environment. Carl helped us manage the complicated process of terminating the multiyear bulk contract ... |
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In wake of the FCC’s Notice of Inquiry called Improving Competitive Broadband Access to Multiple Tenant Environments, competitive access to multi-tenant properties is again a burning public policy issue. We intend to summarize the controversy in a series of blog entries in the coming weeks.
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Question of the Day
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A bulk service agreement differs from a non-bulk or “retail” agreement (also known as an “access agreement” or a “right of entry agreement”) in that under the former it is the property owner (or, in the case of a condominium or other common interest development, the homeowners’ association (“HOA”)) – and not the individual subscribing resident – that receives and pays the monthly invoice from the service provider.
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