Non-Exclusive Comcast Agreement Fee

Non-Exclusive Comcast Agreement Fee

Member since 2018 · 3 posts · 1 vote

Hello! I have a question about what is an appropriate agreement fee for a utility provider, such as Comcast, to bring their services to a property? 

For some background, we own a Class A complex of 36 townhomes in Atlanta, GA, where many of our residents desire Comcast for their internet/tv provider. One of our residents happens to work for Comcast, who initiated the process of setting up service at the property. Before they install their lines, Comcast has submitted a 12-year non-exclusive agreement in which the consideration for granting them an easement on the property is $1.00 (one dollar). To me, this seems very low. Granted, it is a non-exclusive agreement and we are not required to favor Comcast over another internet/tv provider when marketing to residents. However, Comcast stands to benefit greatly from bringing their services to our property and I think we should be fairly compensated. 

For the sake of argument, let's say all 36 residents sign up for Comcast. According to CordCutterNews.com, the average Comcast customer pays $158.00 per month plus $54 in fees, for a total of $212.00/month (https://tinyurl.com/ycf7hscl). That's $2,544.00 per townhouse per year or $91,584.00 per year for all 36 townhomes. Over the 12-year term, this would be a total contract amount of $1,099,008.00!

In 2011, we owned/managed 99 units in Marietta, GA, where we signed an exclusive marketing agreement with Comcast for $100.00/unit. Under the previous contract, we were required to only market Comcast to prospective and current residents. Although we are not required to favor Comcast under the current agreement, I would prefer our residents to have Comcast over other providers, such as DirectTV, who use satellite dishes that make the property look unsightly.

With all of this said, what would be a fair/appropriate fee for Comcast to pay in consideration of granting them the right to install their lines on our property? I appreciate any and all feedback. Thank you!

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  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    6y

    Hi @Andy Zohoury

    Are there other Hi-Speed providers in the area? Are the only other options Dial up and putting a dish up?

  • Member since 2018 · 3 posts · 1 vote
    6y

    Hi @Mike Cumbie

    Yes, we also have Charter (Spectrum), AT&T, and HughesNet that provide high-speed internet service. AT&T and HughesNet provide some services via a satellite dish, but we have a no satellite dish policy, so most of our residents have gone with Charter for the time being.

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    6y

    @Andy Zohoury Exclusive service/access agreements aren't legal, but it sounds like you're just talking about exclusive marketing agreements and those are still okay.  (Here's some more reading on the difference: https://www.keglerbrown.com/publications/mdus-vs-the-fcc-exclusivity-service-agreements-with-cable-and-internet-providers/.) 

    I think you're right to want some sort of compensation, if in fact you're willing to exclusively market Comcast's service (and they're agreeable to that).  

    A couple options could be a flat per unit fee like you mentioned, or perhaps a revenue share model where you get a small percentage based on the number of units that sign up.  The following article is clearly biased against these agreements, but it includes an example of this type of arrangement so you might check it out to get an idea of what I'm referring to: https://broadbandnow.com/report/apartment-landlords-holding-internet-hostage/.

  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    6y

    In this case I would most likely just do the $1.00. Spectrum is already running lines as is AT&T. I would most likely just give the tenants their choice and then add it to my marketing materials. 

    I don't think you are wrong for trying to capitalize, but with Spectrum already in that's why they went with the Non Exclusive version.  

  • Newport Beach, CA · Member since 2012 · 41 posts · 7 votes
    5y

    @Andy Zohoury Curious what you ended up doing. Would be great to hear about your experience.

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