Home » Community Networks »Competition »Consumer News »MI-Connection »Public Policy & Gov't »TWC (see Charter) » Currently Reading:

Mooresville, N.C. Revokes Time Warner Cable’s Easement Agreements; Possible Trespass Cited

Mayor Atkins

Mayor Atkins

A North Carolina community concerned about alleged abuse of homeowners’ private property rights by Time Warner Cable has revoked all of the company’s easement agreements, exposing the cable operator to lawsuits from residents.

Mayor Miles Atkins observed Time Warner crews burying fiber optic lines on the property of local residents, well outside of the rights-of-way established by the local government along town-maintained streets.

The Charlotte Observer reported Atkins also personally witnessed crews burying cables outside his home — on a street where there is no right-of-way for utility companies.

Like many towns in North Carolina, Mooresville never established rights-of-way on older streets where above-ground utilities were installed decades earlier. Agreements with the owner of the utility pole governs the cables attached. In Mooresville, this generally includes electric, telephone, and two cable companies — Time Warner Cable and the community-owned MI-Connection, formerly owned by Adelphia Cable. Most rights-of-way and easement agreements in Mooresville cover buried cables.

Mooresville senior engineer Allison Kraft notified Time Warner Cable that the town has revoked all of its easement agreements with the company until Time Warner can prove it placed its buried cables only within the approved town rights-of-way.

If the cable company is found to have placed cables without permission on a homeowner’s private property, the resident can sue for damages and force the company to remove the offending line.

mooresvilleOne Mooresville resident was suspicious of the town’s motives, however.

“I’m sure the town’s ownership of a competing cable company had nothing to do with their decision,” said Mooresville resident Scott Turner.

But Charley Patterson is happy the town is taking action, suggesting utility violations of easement boundaries are rampant.

“During the building of our church’s new parking lot, we found not one but several utilities that had buried cable in areas well out of the easement boundaries,” Patterson wrote. “There were seven utilities with buried cable. Our construction progress was dramatically impacted trying to identify where and who had buried the cable. And some had the gall to try to tell us that we had to pay for them to relocate when they were 20 to 30 feet on our property, not at all in the easement.”

Search This Site:

Contributions:

Recent Comments:

  • dhkjsalhf: "Another classic case of businesses being much smarter than governments." I don't know whether this was sarcastic or not, but I feel it's a sentiment...
  • New Yorker: It makes no sense. I wonder sometimes if raising the limits on how much money rich people giving to candidates could make it more expensive to buy of...
  • New Yorker: Will New York go through with the threat? As an upstater I have seen infrastructure projects drag on in cost and time (eg. 1.5 yrs to repair a tiny b...
  • Matthew H Mosher: Another classic case of businesses being much smarter than governments....
  • Matthew H Mosher: Doesn't matter. Rural NY will remain left behind....
  • Dylan: Hopefully this does not happen as I would like to see Charter continue with its current plans of upgrades in NY, like the 200mbps upgrade. Maybe Chart...
  • Phillip Dampier: If they withdraw the granted merger, Spectrum will not be able to continue business in New York. The franchises, which are still in the name of Time W...
  • John: Charter will not pack it in, the regionality of their franchises and their future value are too important. Franchises in NY are not exclusive, the onl...
  • Fred Hall: Too bad Sprint's network sucks in 99% of the places I live/travel to....
  • Fred Hall: First - as I've said before, $2M is pocket change for Charter/Spectrum. They should just chalk it up to the cost of doing business. Second - so what...
  • Paul Houle: I think the third package was designed to pop eyes. First it is closer to a "quad play" than a triple play bundle. The "triple play" bundle of home ...
  • Phillip Dampier: $40-50 sounds suspiciously low. Are you sure that isn't a promotional rate which customers may not be able to get after a year or two? AT&T's bun...

Your Account: