[151639] in North American Network Operators' Group
Re: Muni Fiber
daemon@ATHENA.MIT.EDU (Charles Gucker)
Wed Mar 28 01:07:32 2012
In-Reply-To: <034201cd0c9d$980733a0$c8159ae0$@iname.com>
Date: Wed, 28 Mar 2012 01:06:51 -0400
From: Charles Gucker <cgucker@onesc.net>
To: Frank Bulk <frnkblk@iname.com>
Cc: NANOG <nanog@nanog.org>
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
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
