Depending on the contract, maybe. If it is an IRU then they cannot, because it is your fiber truly, kind of like buying a condo. If the association goes belly up, you don't have to move. Of course who maintains it is another problem. Like who provides power to the collocates for regen is analogous to who fixes the roof on the entry hall. If you lease the fiber, unless you have a security interest in the asset, it would go away. I'd bet a court would be amazingly unwilling to just sell it to someone else though. -vb ----- Original Message ----- From: "Joe McGuckin" <joe@monk.via.net> To: <nanog@nanog.org> Sent: Wednesday, August 01, 2001 2:30 PM Subject: What happens when a fiber carrier goes broke ?
I see that a number of companies that lease dark fiber are near
bankruptcy.
What is the legal position of someone who has purchased a multi-year IRU on the fiber?
Can the bankruptcy trustee or creditors reposess your fiber strands?
Joe