I think the answer to that is a big YES. Your wire, you control it. Not so for old telco wire. When Ma Bell was de-regulated, the existing building wiring became property of the building owner.
From: Paul McCall Sent: Sunday, August 28, 2016 1:53 PM To: af@afmug.com Subject: Re: [AFMUG] Ownership of wire / fiber in a building 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 --- 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 10:26 AM, Paul McCall <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 www.pdmnet.com www.floridabroadband.com
