If your contract with them doesn’t say its yours then it becomes part of the 
structure, thus theirs. 

Justin Wilson
j...@mtin.net

---
http://www.mtin.net Owner/CEO
xISP Solutions- Consulting – Data Centers - Bandwidth

http://www.midwest-ix.com  COO/Chairman
Internet Exchange - Peering - Distributed Fabric

> On Aug 28, 2016, at 3:53 PM, Paul McCall <pa...@pdmnet.net> wrote:
> 
> Let me back this train up a little bit.  My primary concern question is…. If 
> I run Fiber throughout a building (or copper), can building owner and I have 
> a contract where only I can use the very wire/fiber that I installed?  I 
> would the answer at that basic level would be a yes, but am not positive.
>  
> Not even thinking about exclusive rights to market a service to the building.
>  
> Just want to see if I can “own” the wire/fiber that I put in the building. 
>  
> From: Af [mailto:af-boun...@afmug.com] On Behalf Of Nate Burke
> Sent: Sunday, August 28, 2016 2:31 PM
> To: af@afmug.com
> Subject: Re: [AFMUG] Ownership of wire / fiber in a building
>  
> If you can get the contract to be the 'riser management' company, would that 
> allow you to set high rates and discourage anyone else from coming in?  We've 
> run into that in a few class A buildings.  'Oh, you need a cat 5 run from 
> floor 3 to floor 5, that will be $5000, and we are the only company allowed 
> to do work in the riser. 
> 
> On 8/28/2016 11:19 AM, Justin Wilson wrote:
> I have typically ran across the terms “Franchise rights” and “Riser rights” 
> when it comes to buildings.
>  
> If you have franchise rights you are the only one with rights to provide your 
> product to that building.
>  
> Riser rights just gives you access to to raceways, risers, etc. for running 
> your cable.   You could get exclusive access to such things, but I don’t see 
> that as often as franchise rights.  I think this is mainly due to a franchise 
> fee is typically higher and more beneficial to the building owner.  
>  
> A telco can cry foul and play the fact that telephones are an essential 
> service. Even if they can’t legally do anything, they can pressure the 
> building owner enough where it becomes an issue. I have seen tenants want to 
> order landline phones in buildings where a WISP had exclusive rights.  The 
> tenant is going to be favored by the building owner almost every time. 
>  
> My advice get exclusive access to any pathways for cable in regards to your 
> services with the ability to sublet.  If you can get it, get an exclusive 
> franchise for providing data services. 
>  
> Justin Wilson
> j...@mtin.net <mailto:j...@mtin.net>
>  
> ---
> http://www.mtin.net <http://www.mtin.net/> Owner/CEO
> xISP Solutions- Consulting – Data Centers - Bandwidth
> 
> http://www.midwest-ix.com <http://www.midwest-ix.com/>  COO/Chairman
> Internet Exchange - Peering - Distributed Fabric
>  
> On Aug 28, 2016, at 10:26 AM, Paul McCall <pa...@pdmnet.net 
> <mailto:pa...@pdmnet.net>> wrote:
>  
> I know that has been discussed several times in the past, but I recall a few 
> variables so I will re-ask the question.
>  
> If our company goes into a building and wires (either pre-construction of 
> post construction), will a contract legally cover us so that nobody else can 
> come around and claim rights to use that to distribute a service also?
>  
> Does that “ruling” change it we install conduit as well?
>  
> We have a bunch buildings to get “wired” over the next 60 days and I want to 
> protect ourselves if at all possible.
>  
> Paul
>  
> Paul McCall, President
> PDMNet, Inc. / Florida Broadband, Inc.
> 658 Old Dixie Highway
> Vero Beach, FL 32962
> 772-564-6800  
> pa...@pdmnet.net <mailto:pa...@pdmnet.net>
> www.pdmnet.com <http://www.pdmnet.com/>
> www.floridabroadband.com <http://www.floridabroadband.com/>
>  
>  

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