The California PUC recently released a report on broadband deployment in California. It’s worth the read, but if you want a summary and analysis, see my column here.
Do Right of Way permits give broadband providers the right to build on or under other people’s land?
(Is it similar to eminent domain right-of-way for railroads?) If so, then it seems like it might
be justified to have a public comment period before implementation.
The short answer is no, Right of way permits only allow private entities, such as telecom companies, access to travel cable/hardware through a public street/highway/waterway, which usually involves either digging up the street to lay cable underground, or to string on top of a telephone pole. Municipalities can only give private companies access to what they have control and jurisdiction over – roads, sidewalks, parks, etc. Property owners should have plot maps, or other types of property maps which define and lay out public and private boundaries.
Companies can’t simply put people out of their homes, or lay a huge cable on their front lawn by getting a right of way permit. Eminent domain involves a whole set of procedural rules that require fair compensation and due process for private property owners.
Do Right of Way permits give broadband providers the right to build on or under other people’s land?
(Is it similar to eminent domain right-of-way for railroads?) If so, then it seems like it might
be justified to have a public comment period before implementation.
The short answer is no, Right of way permits only allow private entities, such as telecom companies, access to travel cable/hardware through a public street/highway/waterway, which usually involves either digging up the street to lay cable underground, or to string on top of a telephone pole. Municipalities can only give private companies access to what they have control and jurisdiction over – roads, sidewalks, parks, etc. Property owners should have plot maps, or other types of property maps which define and lay out public and private boundaries.
Companies can’t simply put people out of their homes, or lay a huge cable on their front lawn by getting a right of way permit. Eminent domain involves a whole set of procedural rules that require fair compensation and due process for private property owners.