WHEELING — An Internet company is suing a Moundsville couple, alleging breach of contract and tortious interference.
Zito NCTNWVPANOH LLC filed a complaint May 10 in U.S. District Court for the Northern District of West Virginia Wheeling Division against Eugene R. French and Hilda G. French, alleging violation of the Cable Communications Policy Act of 1984 and the West Virginia Cable Television System Act.
According to the complaint, in May 2009, after getting the permit to attach cable and related facilities to enhance its broadband Internet, Zito was denied permit to access and utilize the French property, 6108 Fork Ridge Road, Moundsville, despite the property being part of 1946 French easement in accordance with the PALA.
The denial of permit will further prevent Zito from adding new high speed data to customers in Marshall County, the suit says, since Zito’s current system is operating at capacity and cannot support any additional subscribers.
The plaintiff alleges the Frenches refused to allow Zito to utilize the Wheeling power easement across their property, inhibiting Zito ability to provide enhanced service to existing customers.
Zito seeks trial by jury, the court declare it has a right to attach and affix wires and facilities to the utility poles placed on its right of way across the property owned by the Frenches and the Frenches shall not, in any way, disturb or disrupt the wires and facilities once attached and affixed by Zito. It is represented by attorney Danielle L. Dietrich of Tucker Arensberg PC in Pittsburgh, and by Julie R. Shank of Bowles Rice LLP in Wheeling
U.S. District Court for the Northern District of West Virginia Wheeling Division case number 5:18-cv-00085-FPS