If you are a CLEC you do have power of eminent domain condemnation but I don’t thing the FCC classification carries any water when it comes to that.
Jim Bouse Owner - Brazos WiFi 979-999-7000 http://www.brazoswifi.com<http://www.brazoswifi.com/> From: AF <af-boun...@af.afmug.com> On Behalf Of Chuck McCown via AF Sent: Saturday, June 4, 2022 7:37 AM To: AnimalFarm Microwave Users Group <af@af.afmug.com> Cc: Chuck McCown <ch...@go-mtc.com> Subject: Re: [AFMUG] Utility Pole Location Ever since the FCC defined ISPs as quasi public utilities, I have wondered if we could claim eminent domain in cases like that. Be interested to see if it has ever been attempted. Sent from my iPhone On Jun 4, 2022, at 6:15 AM, Jim Bouse [Brazos WiFi] <j...@brazoswifi.com<mailto:j...@brazoswifi.com>> wrote: Spend a little time at the courthouse and look for those easements they may (or may not) have. The language in the easement will tell you if you can attach. Some of the power company easements around here include “communication cables”. Most are more restrictive to only include “utility owned communication cables” where “utility” is the referenced power company. The less restrictive version is a bit of a grey area but if you are spunky you could go for it (if they allow you to attach). It’s all fun and games until you someone gets angry about an easement incursion and drags you to court. Make sure you are staying in your legal “lane” so to speak. Jim Bouse Owner - Brazos WiFi 979-999-7000 http://www.brazoswifi.com<http://www.brazoswifi.com/> From: AF <af-boun...@af.afmug.com<mailto:af-boun...@af.afmug.com>> On Behalf Of Jason McKemie Sent: Friday, June 3, 2022 12:37 PM To: AnimalFarm Microwave Users Group <af@af.afmug.com<mailto:af@af.afmug.com>> Subject: Re: [AFMUG] Utility Pole Location Yes, it sounds as though they do. I had hoped when we became a CLEC I wouldn't have to mess with this sort of thing, but evidently that is not the case. On Fri, Jun 3, 2022 at 12:33 PM Jim Bouse [Brazos WiFi] <j...@brazoswifi.com<mailto:j...@brazoswifi.com>> wrote: Do they have easements for every property? Jim Bouse Owner - Brazos WiFi 979-999-7000 http://www.brazoswifi.com From: AF <af-boun...@af.afmug.com<mailto:af-boun...@af.afmug.com>> On Behalf Of Jason McKemie Sent: Friday, June 3, 2022 12:30 PM To: AnimalFarm Microwave Users Group <Af@af.afmug.com<mailto:Af@af.afmug.com>> Subject: [AFMUG] Utility Pole Location A utility company I am dealing with is claiming that they now stake their poles a minimum of 1ft off of the ROW, therefore I have to pull easements for every property that the poles pass. Has anyone come across anything like this before? They just started doing this a couple of years ago, as I had previously deployed on their poles without having to get separate easements for every property. -- AF mailing list AF@af.afmug.com<mailto:AF@af.afmug.com> http://af.afmug.com/mailman/listinfo/af_af.afmug.com -- AF mailing list AF@af.afmug.com<mailto:AF@af.afmug.com> http://af.afmug.com/mailman/listinfo/af_af.afmug.com
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