Public Utilities – Municipal – Pole Attachment – ‘Refusal to Negotiate’ Claim – First Impression

Public Utilities – Municipal – Pole Attachment – ‘Refusal to Negotiate’ Claim – First Impression (access required)

Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis G.S. § 62-350 requires a town that owns utility poles to negotiate in good faith with utility providers who wish to attach their cables to the town’s utility poles; in this case, plaintiff has made no showing that the town failed to do so. The town is entitled to partial summary judgment on plaintiff’s claim that the town refused to negotiate. The town’s motion for partial summary judgment is denied as to plaintiff’s claim that the town violated the nondiscrimination requirements of G.S. § 62-350.

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