We don’t have exclusivity, we just have a service included in HOA fees.  They 
can have any service provider they want.
But the service provider will have to do an overbuild into a saturated area.  I 
would bet they will not do it.  

From: Mark Radabaugh 
Sent: Monday, October 5, 2020 5:52 PM
To: AnimalFarm Microwave Users Group 
Subject: Re: [AFMUG] OT Royalty deal

https://www.keglerbrown.com/publications/mdus-vs-the-fcc-exclusivity-service-agreements-with-cable-and-internet-providers/
 
https://www.nexttv.com/news/fcc-bans-exclusive-mdu-deals-296566
FCC Bans Exclusivity Contracts — HOA Law Blog — February ...www.hoalawblog.com 
› fcc_bans_exclusivity_contracts

Pay your money and take your chances

Mark



  On Oct 5, 2020, at 4:52 PM, Chuck McCown <ch...@wbmfg.com> wrote:

  Lots of companies doing these deals.  MDU, subdivisions.  What would be 
illegal about it?  The homeowners are free to go after any service they want, 
but they are locked into my service.  This has been litigated at the CATV level 
years ago and was found legal.  

  On Mon, Oct 5, 2020 at 2:28 PM Mark Radabaugh <m...@amplex.net> wrote:

    I think you are going to find that arrangement is highly illegal from an 
FCC standpoint.   When the deal gets blown out by the next company that sues 
you and the HOA over it, is it going to be worth your time and investment? 

    Mark



      On Oct 5, 2020, at 4:20 PM, ch...@wbmfg.com wrote:

      I am getting some traction with developers for my fiber.  They want me to 
come in, they will put the subscription to my service as part of the HOA fees.  
They will not let others in the ditch.  All for 10% of the gross.  So I get 
100% take rate.  I am not unhappy with the deal.  But I am wondering about 
agreeing to a perpetual royalty.  Anyone else done one of these deals?
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