W&G Litigation Team Successfully Represents Lansdowne on the Potomac Homeowners Association in Federal District Court

July 02, 2012

A federal district court in the Eastern District of Virginia declared unlawful the exclusive video arrangement of Loudoun County, Virginia-based communications provider OpenBand at Lansdowne, LLC and its affiliated entities.  The case, Lansdowne on the Potomac Homeowners, Inc. v. OpenBand at Lansdowne, LLC, arose out of efforts by the Lansdowne on the Potomac Homeowners Association to invalidate an exclusive arrangement granted to OpenBand by the community’s developer, which also owned an interest in OpenBand.  Since the development’s construction, OpenBand has used its exclusivity to prevent any competitive provider of wired video services from accessing or offering communication services to the residents of the Lansdowne on the Potomac development, which consists of over two thousand homes. The federal court held that OpenBand’s exclusivity violated the Federal Communication Commission’s 2007 order in the matter In re Exclusive Service Contracts for Provision of Video Services in Multiple Dwelling Units and Other Real Estate Developments, which prohibited exclusive access arrangements as unfair business practices that harm competition.

W&G’s team was led by Steven Fredley and included Charles Kimmett, Mark Davis, and Jacinda Lanum.

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