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Mr Matt

join:2008-01-29
Eustis, FL
kudos:1
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Similar lawsuit filed in Palm Beach County, Florida

Similar lawsuit filed in Palm Beach County, Florida. Plaintiff lost.

In the late 60's Texaco Properties established Boca Del Mar and reserved exclusive rights to provide cable television. Texaco claimed exclusive rights to use the utility easements for installation of CATV lines by their CATV company West Boca Cable.

Homeowners were subject to the same arbitrary prohibition of outdoor antennas of any kind through deed restrictions.

Around the mid 1980's a company named Telesat began to install competitive cable lines. West Boca Cable sued Telesat claiming exclusive rights to use the utility easements for CATV installation via contractual language created by Texaco Properties in Texaco's filing for creation of a planned unit development.

The result was that West Boca Cable lost. Homeowners lost and Telesat lost.

West Boca Cable lost because the court determined that Telesat was a utility and could use any and all easements.

Homeowners lost because as a result of the decision Homeowners were required to pay franchise fees to the county.

Telesat lost because there was no database that showed where utility easements were abandoned by all utilities. Once the abandonment documents were recorded on the deed it could not be reversed. Contractors attempting to install CATV lines found things like pools and structures in the easements and when they threatened to remove a pool deck the police got involved with Telesat contractors told to get lost, the easement was abandoned. Telesat gave up with their efforts and sold off the plant they had already installed at bargain basement prices to West Boca Cable.

Openband might have a problem enforcing their contracts. Remember that the FCC and Congress passed the satellite reception act which declared all deed restrictions prohibiting the installation of Satellite or over the air antennas unenforceable.


Probitas

@teksavvy.com
Then what you are saying is that there is already a public court case on file stating that cable tv is considered a utility, and then it must follow that ALL cable, ISP, or mobile services can be considered utilities and should be regulated....nicely done.

moonpuppy

join:2000-08-21
Glen Burnie, MD
reply to Mr Matt
said by Mr Matt:

Homeowners were subject to the same arbitrary prohibition of outdoor antennas of any kind through deed restrictions.

Openband might have a problem enforcing their contracts. Remember that the FCC and Congress passed the satellite reception act which declared all deed restrictions prohibiting the installation of Satellite or over the air antennas unenforceable.

In 1996, the FCC implemented the OTA rules for DBS type dishes and, for the most part, invalidated most of the restrictions baring outside antennas. 47 C.F.R. Section 1.4000

The issue at hand is whether the agreement guarantees service must be paid for by the homeowner. This goes beyond lawn cutting and other "maintenance of common ground" fees.


joako
Premium
join:2000-09-07
/dev/null
kudos:6
It's probably a contract with the HOA and the cable fees are included with the payments owners make to the HOA.
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PRescott7-2097