I get asked about this often. The FCC ruling was upheld in Appeal. I like how they say it is a victory for consumers. It's not. It's a victory for Bell.
The mantra of the Bells has been, "Who's going to put in fiber if they have to share it?" Well, this is exactly the same thing. Who do you think pays to wire MDU's with fiber, cat6, etc.? Often it is NOT the developer/property owner.
"An appeals court decided to back consumers on Tuesday, unanimously upholding a Federal Communications Commission order banning exclusive cable video contracts in apartment buildings and other multiple dwelling units (MDUs)..... The court even smiled on applying the new regulations to current cable/realtor deals, noting that the FCC "balanced benefits against harms and expressly determined that applying the rule to existing contracts was worth its costs." The call is also a victory for telcos like AT&T and Verizon, both of which pushed hard for the FCC to make its decision."