Bulk, retail, and access agreements for multifamily properties and community associations. The core of our telecom practice, with $1B+ in closed deals.
A multi-dwelling unit (MDU) is any property where multiple households share one building or community: apartment complexes, condominiums, HOA neighborhoods, and mixed-use developments. When a broadband or cable provider wants to serve an MDU, the terms of that relationship are set by contract, and those contracts decide who controls the infrastructure, who gets paid, and what residents pay for service.
Premier Law represents MDU owners, developers, community associations, and property management companies in these negotiations. Provider agreements come in three basic shapes: bulk agreements, retail agreements, and access-only agreements. Which structure fits depends on your property, your residents, and your goals, and the differences between them are worth real money.
Structure One
In a bulk agreement, the property or association purchases broadband (and sometimes video) service for every unit at a deeply discounted wholesale rate, and the cost is built into rent or assessments. Residents get service at a fraction of the retail price, the provider gets guaranteed penetration, and the property gets a marketable amenity and often a revenue share.
Bulk deals are long-term commitments, commonly five to ten years, so the details carry: rate escalators, service-level commitments, technology refresh obligations, transfer rights when the property sells, and what happens at renewal. We negotiate each of these terms so the deal still looks good in year eight, not just at signing.
We work extensively with HOA and condo boards. Community associations (the umbrella term for HOAs, condominium associations, and cooperatives) face governance requirements, budgeting rules, and disclosure obligations that shape how a bulk deal must be structured. We handle both the provider negotiation and the association-side mechanics.
Providers compete hard for MDU penetration. Communities that bid their contract competitively, rather than renewing by default, routinely improve rates, service levels, and compensation.
Structure Two
In a retail structure, the provider sells directly to your residents at its retail rates, and your agreement with the provider governs what the provider gets in exchange for compensation to the property. Retail agreements generally take one of three forms, and knowing which one you are signing matters.
The provider pays for the exclusive right to market its services to your residents: move-in packets, onsite events, community channels. Exclusivity applies to marketing only. Under FCC rules, providers cannot lock competitors out of serving residents, but exclusive marketing rights still command real compensation.
Multiple providers may market on the property, each under its own agreement. Compensation per provider is lower than in an exclusive deal, but residents get choice and the property keeps future flexibility. Often the right fit for larger communities.
The narrowest form: the provider receives the right to enter the property, install facilities, and serve residents who sign up, with no marketing rights at all. Even here, the terms matter: insurance, indemnification, damage repair, equipment removal at termination, and whether the provider pays for the access it receives.
Bulk, exclusive marketing, non-exclusive marketing, or access-only: each trades control, revenue, and resident experience differently. We model the options for your specific property before you commit to one.
Send us the draft before you sign. We will tell you what is missing and what it is worth.
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