NCTA Says It Should Have Amicus Role in Easement Fight Before 7th Circuit
NCTA and an Indiana landowner are at odds over whether the cable group can chime in in a fight before the 7th U.S. Circuit Court of Appeals involving Charter Communications' running a fiber cable across the landowner's property (see 1910230016).…
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
NCTA said in opposition to the plaintiff-appellant's motion to reconsider (in Pacer, docket 19-2442) it's in a good position to explain the statutory framework involved and speak on how a restrictive interpretation would affect cable and broadband network expansion. It said a big part of why it and other trade groups exist is to advocate for members in court. Plaintiff-appellant Stephen West, in the motion (in Pacer) seeking reconsideration of the court allowing NCTA file an amicus brief, said it hadn't been shown Charter has inadequate legal counsel or that NCTA is providing any unique information or perspective, since its brief largely recapitulates Charter's arguments. In a separate reply brief (in Pacer) last week, West said the Cable Act doesn't give unchallengeable rights to commandeer the easement on his property because the easement wasn't formally dedicated for public use. Granting a power company rights nearly 80 years ago to traverse the property "does not magically convert an easement granting an electric company the right to run electrical wires across the Property into a ... public corridor for all utilities," he said.