The telcos dealt with the railroads which held long rights of way across the nation. As I understand it, in many cases the specific language of the railroads' easement agreements with property owners allowed them to cross their property with a railroad but apparently was not broad enough to allow the railroad to also sell the rights to others to bury a fiber cable next to the railroad for unrelated purposes.
This sort of dispute has also occasionally occurred in other cases where telecommunications companies leased rights-of-way from utilities or state road authorities. Companies reviewing easement agreements should make use of lawyers and trade associations that specialize in this area and know the applicable precedents and state laws. posted by Al Bonnyman
Wednesday, July 23, 2003#