Does a Telco need easements?

by Jerry Moran on December 22, 2010

As you know when a new customer signs up for telephone service at a co-op they sign the co-op agreement. Somewhere in the agreement it says that they will grant any necessary easements, which is great. How often does your co-op follow-up and actually get an easement? I have interviewed dozens of co-op’s and the answer to the above question is very very seldom. So what happens when your co-op member disconnects their telephone service and gets a wireless telephone from a satellite company or another vendor? If you have facilities on their property and they transit through that property without an easement the owner can eject you at your expense. So the answer is that you must acquire the proper documentation in the way of a recorded grant of easement. The above applies to all Telco’s. 

Another issue to consider is crossing the land that is owned by someone who is not a co-op member. Do you get the proper right-of-way from that owner? Trespassing is a serious issue. 

Since I am a member of NTCA and OPASTCO I offer no charge consulting via telephone or e-mail for fellow members. If I have to come to your location then the clock starts ticking.

Jerry Moran, nmi@flash.net, 510-530-9342

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