CLARKSBURG – A broadband service provider claims it cannot expand services in Marshall County until a Moundsville property owner grants it permission to install cables.
Zito NCTNWVPANOH LLC filed a complaint Aug. 22 in U.S. District Court for the Northern District of West Virginia against Jeffrey L. Ryan alleging that the property owner failed to comply with the Cable Communications Policy Act.
According to the complaint, the plaintiff is seeking to attach cables and related facilities to Wheeling Power Co. poles currently on the defendant's property, but the defendant has refused to allow the plaintiff to do so. The suit states Ryan initially agreed to allow the attachment of the plaintiff's wires and reversed that decision in April.
The plaintiff alleges that the route across the defendant's property is a "critical link, which, if not utilized, will inhibit Zito’s ability to provide enhanced service to existing customers. It will further prevent Zito from adding new high speed data customers in Marshall County since Zito’s present system is operating at capacity and cannot support any additional subscribers," the complaint states.
The plaintiff seeks an order declaring its right to attach its wires and facilities to the WPC poles. It is represented by Danielle L. Dietrich and Christopher W. Cahillane of Tucker Arensberg PC in Pittsburgh, Pennsylvania.
U.S. District Court for the Northern District of West Virginia Case number 5:17-cv-00134