What happens when a fiber carrier goes broke ?

Vincent J. Bono vbono at vinny.org
Wed Aug 1 18:29:42 UTC 2001


Depending on the contract, maybe.

If it is an IRU then they cannot, because it is your fiber truly, kind of
like buying a condo.  If the association goes belly up, you don't have to
move.  Of course who maintains it is another problem.  Like who provides
power to the collocates for regen is analogous to who fixes the roof on the
entry hall.

If you lease the fiber, unless you have a security interest in the asset, it
would go away.

I'd bet a court would be amazingly unwilling to just sell it to someone else
though.

-vb

----- Original Message -----
From: "Joe McGuckin" <joe at monk.via.net>
To: <nanog at nanog.org>
Sent: Wednesday, August 01, 2001 2:30 PM
Subject: What happens when a fiber carrier goes broke ?


>
>
> I see that a number of companies that lease dark fiber are near
bankruptcy.
>
> What is the legal position of someone who has purchased a multi-year IRU
> on the fiber?
>
> Can the bankruptcy trustee or creditors reposess your fiber strands?
>
>
> Joe
>




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