Federal Communications Commission: Exclusive Service Contracts for Provision of Video Services in Multiple Dwelling Units and Other Real Estate Developments, GAO-08-406R, January 18, 2008
Pursuant to section
801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Federal Communications Commission (Commission), entitled “Exclusive
Service Contracts for Provision of Video Services in Multiple Dwelling Units
and Other Real Estate Developments” (FCC 07-189). We received the rule on
The final rule prohibits the enforcement of existing exclusivity clauses and the execution of new exclusivity clauses in contracts between cable operators that provide video programming service and certain residential units. The types of units covered by this rule are multiple dwelling units such as apartment or condominium buildings and centrally managed real estate developments such as gated communities, mobile home parks, and garden apartments (collectively, MDUs). The Commission concludes that such exclusivity agreements harm competition, the provision of programming to MDU residents, and broadband development.
Enclosed is our assessment of the Commission’s compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that the Commission complied with the applicable requirements.
If you have any questions about this report, please contact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236. The official responsible for GAO evaluation work relating to the subject matter of the rule is Patricia Dalton, Managing Director, Physical Infrastructure. Ms. Dalton can be reached at (202) 512-2834.
Robert J. Cramer
Associate General Counsel
REPORT UNDER 5 U.S.C. sect. 801(a)(2)(A) ON A MAJOR
ISSUED BY THE
FEDERAL COMMUNICATIONS COMMISSION
"EXCLUSIVE SERVICE CONTRACTS FOR PROVISION OF
VIDEO SERVICES IN MULTIPLE DWELLING UNITS AND
OTHER REAL ESTATE DEVELOPMENTS"
(i) Cost-benefit analysis
The Federal Communications Commission (Commission) is not required to prepare and did not prepare a cost-benefit analysis for the final rule.
(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. sections 603–605, 607, and 609
The Commission prepared a Final Regulatory Flexibility Analysis of the possible significant economic impact on small entities.
(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532–1535
As an independent regulatory agency, the Commission is not subject to the Unfunded Mandates Reform Act of 1995.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
Paperwork Reduction Act, 44 U.S.C. sections 3501–3520
This final rule does not contain any new or modified information collection requirements subject to the Act.
Statutory authorization for the rule
The Commission promulgated this final rule pursuant to the authority in sections 628(b), 628(c)(1), and 628(j) of the Communications Act of 1934. 47 U.S.C. sections 548(b), 548 (c)(1), and 548(j).
Executive Order No. 12,866
As an independent regulatory agency, the Commission is not subject to the review requirements of the order.