NCTA Backs Charter in Section 621 Fight Before 7th Circuit
Reading Cable Act Section 621, which lets cable operators use easements when constructing networks, in a constrained, technical sense flouts the language and stated purpose of the act and runs contrary to the its legislative history and FCC interpretation. That…
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according to NCTA in a 7th U.S. Circuit Court of Appeals amicus brief (in Pacer, docket 19-2442) Tuesday backing defendant-appellee Charter Communications in an appeal by Stephen West, who sued over the addition of fiber cable to a utilities transmission tower on his Indiana land. West, appealing a lower court dismissal, said (in Pacer) reference in 621 to a dedicated easement is to be understood as indicating transfer of a specific property right, and franchises like Charter can't access a private utility easement without the property owner formally deeding the right to use the easement for utilities to the public.