Muni Fiber

Wed Mar 28 11:56:08 UTC 2012

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 at onesc.net> wrote:

> On Wed, Mar 28, 2012 at 12:45 AM, Frank Bulk <frnkblk at 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