11. Consumer groups are also concerned about exclusive agreements. As several consumer groups have found, a disproportionate number of colour communities live within the MDUs.  Consumer groups are concerned that these residents are unable to enjoy the benefits of competition in the video market and call on the Commission to ensure that all consumers can enjoy the benefits of competition.   AT-T Comments at 5, 9:10 a.m. (9 a.m.: “Existing companies have recently attempted to strengthen their use of exclusive access contracts, particularly in response to the threat of wired video subscribers entering”; at 10 years of age, “efforts have been made to block MDUs in California, Texas and virtually every market where AT-T has begun to enter the video services market”; United States Telecom Ass `n (“USTA”) comments at 6-8 (at 6, “established cable companies aggressively follow exclusive agreements with MDU owners”); Verizon Comments at 1-2 (many agreements that continue to make exclusivity clauses have been concluded recently- indicating that incumbent providers use exclusive access agreements just before a new competitor arrives to “block” [MDUs]. 3 (“The cable companies have, in many cases, countered this threat of competition by entering into exclusive access contracts protecting historical suppliers from competition” and reported at 10-11 a.m. (several specific Florida exclusivity cases granted shortly before Verizon`s commercialization began). We find these descriptions of recent events more compelling than the reverse description in RAa Exh`s comments. C (statement by Chris Acker, director of the construction services group for Forest City Residential Group, Inc.), A response commentator contradicts some details of Verizon`s characterization of certain incidents, but does not deny that an established cable operator has produced exclusivity clauses near Verizon`s arrival. Comments from Advance/Newhouse Commun. At 10:11 a.m.  AT-T Comments at 8-9 (at 8 years of age, “these agreements between incumbent cable operators and building owners” and “exclusive access agreements with MDUs are common and are becoming more frequent”; The survey found that at least 90% of MDU residents in Raleigh and Charlotte, North Carolina, were subject to “exclusive access agreements”); Comcast Comments at 18 (“MVPs of all sizes have entered into and continue to enter into these types of agreements”); SureWest Reviews at 3-4 (at least 28 percent of SureWest`s 40,000 MDU units are subject to some form of exclusivity (probably marketing, In SureWest`s “central historical domain,” there are 35.8 per cent; the status of another significant percentage is unclear, but some of them are likely subject to some form of exclusivity; 85.7 per cent of exclusivity clauses apply to Comcast).
Letter from Jeffrey J.