If I was in charge of laws, they wouldn't be so legalistic.
You don't have exclusivity per se, but in de facto nobody will buy
anything else when they're already forced to pay you whether they like
it or not. They'd have to actively hate you before they'll even
consider something else. You'd have to steal their birthdays before
they consider another option, and you'd have to violate their daughters
before they're willing to pay what the installation of the other option
will actually cost.
.....that doesn't make it a bad deal for you, of course. Competitors
will cry foul because you can make money and they can't, but that
doesn't mean they wouldn't do the same thing if they could.
On 10/5/2020 8:05 PM, ch...@wbmfg.com wrote:
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.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
<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
<https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjak-670p7sAhUVHM0KHcR5D74QFjACegQIBxAC&url=https%3A%2F%2Fwww.hoalawblog.com%2Ffcc_bans_exclusivity_contracts%2F&usg=AOvVaw1IWC6vbyFt33Un5wLgPWSa>
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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