The FCC asked the 4th U.S. Circuit Court of Appeals to...
The FCC asked the 4th U.S. Circuit Court of Appeals to uphold a lower court’s ruling against a homeowners association (HOA) and communications service contractor M.C. Dean being allowed to exclusively sell broadband, phone and video service to the association,…
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for the Lansdowne on the Potomac development in Loudoun County, Va. U.S. District Court in Alexandria, Va., had ruled against exclusive seller OpenBand’s arrangement with the association, saying it violated an FCC order against such exclusive deals. “As the district court found, that is precisely the type of anti-competitive arrangement forbidden by the Exclusivity Order” barring such deals in 2007 (CD Nov 1/07 p2), the agency said last week (http://xrl.us/bnuchb). “This is true even though the exclusivity is effected in part by an easement, because the Commission clearly intended to reach easements with its Order.” The association’s appeal of the district court’s 2012 decision on OpenBand v. Lansdowne on the Potomac HOA is 4th Circuit docket 12-1925.