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 <cguc...@onesc.net> wrote: > On Wed, Mar 28, 2012 at 12:45 AM, Frank Bulk <frnk...@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
