Charles; Wouldn't Federal and State laws preempt Municipal law in this area? I agree YANAL. regards, Fletcher On Wed, Mar 28, 2012 at 1:06 AM, Charles Gucker <cgucker@onesc.net> wrote:
On Wed, Mar 28, 2012 at 12:45 AM, Frank Bulk <frnkblk@iname.com> wrote:
I don't think a muni can prevent the ILEC from installing fiber in their RoW....
First off, IANAL, Secondly, I've had a reasonable amount of experience with Village and Municipal Law. In short, the statement above is incorrect, in so much that the RoW is not that of the ILEC, but rather the ILEC's ability to use the Muni's RoW. So, if the Municipality wanted to prevent the ILEC, or any company with RoW use rights, they certainly can. Unfortunately, a lot of the terms of the arrangement between the Municipalities and Telco's were written back in the 20's and 30's. So, the "restriction" would have to be put into terms of that agreement.
But in the end, it's up to the Municipality to set the guidelines (as with any local law) within the borders of their Municipality.
charles
-- Fletcher Kittredge GWI 8 Pomerleau Street Biddeford, ME 04005-9457 207-602-1134