I honestly don’t know.  Wonder of Steve Coran is still on this list.  


From: Jim Bouse [Brazos WiFi] 
Sent: Saturday, June 4, 2022 6:48 PM
To: AnimalFarm Microwave Users Group 
Subject: Re: [AFMUG] Utility Pole Location

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

 

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> 
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

   

  From: AF <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>
  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> 
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> On Behalf Of Jason McKemie
    Sent: Friday, June 3, 2022 12:30 PM
    To: AnimalFarm Microwave Users Group <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.

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