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Court Upholds FCC “Sheet Rock” Decision Providing Increased Access to Incumbent Provider Multiple Dwelling Unit (“MDU”) Building Wiring

October 24, 2008
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The D.C. Circuit Court of Appeals has upheld the FCC’s decision that competitive video services providers need not cut through sheet rock walls in order to connect their own wiring to existing incumbent provider distribution (“home run”) wiring for the provision of video service to MDU building residences. In June 2007, the Commission found that MDU wiring behind sheet rock walls is “physically inaccessible” for the purposes of the inside wiring rules, just as it had previously done for wiring behind brick, cinder block and concrete walls. In rejecting a court challenge to the decision from NCTA, the D.C. Circuit held that FCC had not been arbitrary or capricious.

Because of the FCC’s decision, now court-affirmed, a competing service provider may simply connect its wiring at the first location outside the units where the home run wiring is immediately accessible, typically at the junction boxes located on each floor or in the basement of the building. The practical impact is to make it much easier for competitors to seize incumbent provider home run wiring in MDU buildings.

We would be pleased to answer any questions you may have regarding this or any other MDU wiring or access issue.