I asked that on ISPradio last week when Commissioner Pai was a guest. If I remember correctly (I have slept since then) if you sell internet, you are included. I think you can download the podcast and hear his exact answer.
-----Original Message----- From: Af [mailto:[email protected]] On Behalf Of Adam Moffett Sent: Thursday, February 26, 2015 5:07 PM To: [email protected] Subject: Re: [AFMUG] FCC Live Link So for anybody who heard this live info, was there any indication as to whether we're subject to these rules if we're not actually selling broadband under the new definition? For example, if I sell 20meg, but not 25meg, am I not selling the new "broadband" and not actually subject to any of this stuff? > You can try... > > -----Original Message----- From: Adam Moffett Sent: Thursday, February > 26, 2015 12:52 PM To: [email protected] Subject: Re: [AFMUG] FCC Live Link > What about a monopole with wireless base stations on it? Could I > stick that anywhere unless someone stops me? > >> If you need to cross property with your pole line or underground >> line, you can do so under the right of eminent domain. Landowner has >> no say so. You go to court, the judge bangs the gavel, and voila, >> instant ROW. However at that point in time the tables turn somewhat >> in the favor of the landowner as you have to compensate them for what >> you have taken. >> >> That that typically ends up at a place where it became a very >> expensive ROW... >> >> What you are talking about below is the establishment of a >> prescriptive ROW through your failure to defend your property. >> Another word for it is acquiescence or adverse possession. You can >> certainly lose your right to defend if you sit on your rights. So, >> yea, if they didn't have an easement or court order, cut down that pole. >> >> -----Original Message----- From: Adam Moffett >> Sent: Thursday, February 26, 2015 12:27 PM >> To: [email protected] >> Subject: Re: [AFMUG] FCC Live Link >> >> What eminent domain actions can a utility take? My "knowledge" on that >> topic is all hearsay. >> >> I heard of a landowner who saw a company putting a pole in an empty lot >> that he owned across the street from his house. He watched them set the >> pole and then after the workers left he went out with a chainsaw and cut >> it down because they never asked him if they could put the pole there >> (so the story went). In his point of view, if he let them put the pole >> there, they have permanent rights to access that spot on his property >> because of eminent domain. >> >>> You may even have the right of eminent domain now. >> >
