MOUNDSVILLE — An electric company is suing a telecommunications company, alleging breach of contract by failing pay an agreed-upon sum.
Appalachian Power Company filed a complaint April 26 in Marshall Circuit Court against Cequel Communicaions LLC, doing business as Suddenlink Communications, alleging failure to comply with the Pole Attachment License Agreement contract.
According to the complaint, on Dec. 20, 2006, Appalachian Power entered into a written contract with Suddenlink, granting the defendant a revocable, non-exclusive and limited license to make attachments to certain distribution poles and/or equipment. The suit says the terms of the agreement came with charges and fees owed by the licensee for the license.
Appalachian Power says payment should have been made within 30 days of the date of invoice but the plaintiff has failed to receive any payment.
The plaintiff alleges Suddenlink Communications has failed to pay the amount due under the agreement, amounting to nearly $1.3 million.
Appalachian Power seeks trial by jury, payment of the amount due plus interest, an order to remove all attachments to the plaintiff's poles and equipment, attorney fees, expenses, and all other equitable relief. It is represented by attorney Jeffrey A. Grove of Grove Holmstrand & Delk PLLC in Wheeling.
Marshall Circuit Court Case number 17-C-64H