Residential Services - Construction Legal Disclaimer
SureWest is legally entitled to place cable infrastructures
in easements based upon federal, state and local laws.
- Federal Law – The Cable Communications Policy
Act adopted in October 1984 by the US Congress states that when
a city or country grants a cable television franchise, the cable
television company is authorized to construct its system over
public right-of-ways (streets, alleys, sidewalks, etc.) and in
easements which have been dedicated for similar use.
- California Law – The California Court of Appeals
has ruled that a cable company does not need to obtain a private
property owner’s consent before installing cable television
lines and equipment in previously dedicated easements.
- Local Law – The franchise agreement between SureWest
and all of Sacramento County specifically says that SureWest is
authorized to use the public easements and “any other easement
which now or hereafter exists for the provision of public or quasi-public
services.” Thus under federal, state and local laws, SureWest
has the legal right to use the utility and public easements which
cross public property. These rights include the right to cross
the parcel of land subject to the easement in order to obtain
access to the easement.
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