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Right of Way or Easement Information
over 1 year ago | Article no. 1234
Right-of-way, or easement, is defined as the area on, below, or above the present and future streets, alleys, roads, highways, boulevards, bridges, bikeways, parkways, sidewalks, or other land dedicated as right-of-way
Example: the small patch of grass at the end of a driveway with the telephone pole is called the right-of-way, or easement
- Homeowners do not own this property; it is owned by the city government
- Example: the small patch of grass at the end of a driveway with the telephone pole is called the right-of-way, or easement
- The Telecommunications Act of 1996 gives our company, and other communication companies, the authority to use a right-of-way to hang our cable / telephone lines and / or install pedestals
The relevant section is included below:
SEC. 703. POLE ATTACHMENTS.
(f)(1) A utility shall provide a cable television system or any telecommunications carrier with nondiscriminatory access to any pole, duct, conduit, or right-of-way owned or controlled by it.
(2) Notwithstanding paragraph (1), a utility providing electric service may deny a cable television system or any telecommunications carrier access to its poles, ducts, conduits, or rights-of-way, on a non-discriminatory basis where there is insufficient capacity and for reasons of safety, reliability and generally applicable engineering purposes.
(h) Whenever the owner of a pole, duct, conduit, or right-of-way intends to modify or alter such pole, duct, conduit, or right-of-way, the owner shall provide written notification of such action to any entity that has obtained an attachment to such conduit or right-of-way so that such entity may have a reasonable opportunity to add to or modify its existing attachment. Any entity that adds to or modifies its existing attachment after receiving such notification shall bear a proportionate share of the costs incurred by the owner in making such pole, duct, conduit, or right-of-way accessible.
(i) An entity that obtains an attachment to a pole, conduit, or right-of-way shall not be required to bear any of the costs of rearranging or replacing its attachment, if such rearrangement or replacement is required as a result of an additional attachment or the modification of an existing attachment sought by any other entity (including the owner of such pole, duct, conduit, or right-of-way).
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