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The federal D.C. Circuit of Court of Appeals upheld last week the FCC’s adoption of rules prohibiting cable companies from “enforcing existing exclusivity clauses and executing contracts containing new ones” in contracts with owners of apartment buildings and other residential multi-dwelling units (MDUs).  The court found that both real estate owners and cable companies had presented excellent arguments against the FCC’s rules, but ruled that they are within the Commission’s authority under Cable Act Section 628 (47 U.S. Code Section 548) favoring the satellite video industry.  (National Cable & Telecommunications Association, et al. v. FCC, D.C. Cir. No. 08-1016, May 26, 2009)

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