[151641] in North American Network Operators' Group
Re: Muni Fiber
daemon@ATHENA.MIT.EDU (Fletcher Kittredge)
Wed Mar 28 07:57:20 2012
In-Reply-To: <CALB2hAdJk+A=G1dT4vQ2XFtm8rYEEJ9SX6yDKG+-M+EBuSyt5w@mail.gmail.com>
Date: Wed, 28 Mar 2012 07:56:08 -0400
From: Fletcher Kittredge <fkittred@gwi.net>
To: Charles Gucker <cgucker@onesc.net>
Cc: NANOG <nanog@nanog.org>
Errors-To: nanog-bounces+nanog.discuss=bloom-picayune.mit.edu@nanog.org
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
