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Posted by $Bill on April 22, 2007, 4:44 am
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Timothy Daniels wrote:
>
> Not I. My modem is my own. And when I went in to
> Time Warner to get one of their modems, they handed me
> a modem without any charge, and no charge for the modem
> appeared on my bill. Use of their modem is part of my
> subscription, and they could just as well argue that the use
> of their cabling (if they had put it in) was also part of my
> subscription.
Not gonna happen. Did you sign a receipt when they installed your
wiring ? No, of course not. They can only take back boxes that
they have provided for you. There's no way they would try to
force their way into your home and remove wiring. Not to mention
that they would want to leave it there in case you moved.
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Posted by Timothy Daniels on April 22, 2007, 2:01 pm
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"$Bill" wsrote:
> There's no way they would try to force their way into your
> home and remove wiring. Not to mention that they would
> want to leave it there in case you moved.
Did I say that the cable co. would force their way into your home?
No. Forced entry is entirely a different matter from property
ownership. And given that cable is so cheap, and given that most
customers consider the cabling to be their own, the cable company
wouldn't expend the labor needed to retrieve cabling when it would
only anger the public.
I merely asserted that they could legally remove the cabling.
Access to it is another matter. In practice, it means that they can
remove or re-route or cut into wiring that they can get at when
you allow them into your home or premises. Our cable company
has the legal right to demand access to their trunk cable that
enters our property and to access their amplifier and taps, but
they must also schedule an appointment ahead of time with someone
who has keys to the storerooms. Once they have access to the
equipment that is theirs, they can do anything they want with it -
including removing it.
*TimDaniels*
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Posted by $Bill on April 22, 2007, 3:02 pm
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> "$Bill" wsrote:
>
>> There's no way they would try to force their way into your
>> home and remove wiring. Not to mention that they would
>> want to leave it there in case you moved.
>
> Did I say that the cable co. would force their way into your home?
I didn't mean literally. :)
> No. Forced entry is entirely a different matter from property
> ownership. And given that cable is so cheap, and given that most
> customers consider the cabling to be their own, the cable company
> wouldn't expend the labor needed to retrieve cabling when it would
> only anger the public.
Without any signed paperwork by you, they can't touch your inside wiring.
There's no way they can prove ownership. In my case, the Cableco that
may have installed the wiring (I don't know who actually did the install)
is no longer doing business in town.
> I merely asserted that they could legally remove the cabling.
I disagree.
> Access to it is another matter. In practice, it means that they can
> remove or re-route or cut into wiring that they can get at when
> you allow them into your home or premises. Our cable company
> has the legal right to demand access to their trunk cable that
> enters our property and to access their amplifier and taps, but
> they must also schedule an appointment ahead of time with someone
> who has keys to the storerooms. Once they have access to the
> equipment that is theirs, they can do anything they want with it -
> including removing it.
Equipment fine, cabling - no way without a signed agreement. Nor would
they want to.
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Posted by Warren H on April 22, 2007, 3:03 pm
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> Did I say that the cable co. would force their way into your home?
> No. Forced entry is entirely a different matter from property
> ownership. And given that cable is so cheap, and given that most
> customers consider the cabling to be their own, the cable company
> wouldn't expend the labor needed to retrieve cabling when it would
> only anger the public.
>
> I merely asserted that they could legally remove the cabling.
In single unit residential property, no, they can't. Not without your
permission. Once it's installed in the home, it ceases to be personal
property, and becomes a part of the real property. You own the real
property. They do not have an easement or any other kind of lein on the
cabling that has become a part of your real property.
This does not apply to commercial or some multi-unit residential
properties, including common areas in condos, co-ops, or HOA's.
> Access to it is another matter. In practice, it means that they
> can
> remove or re-route or cut into wiring that they can get at when
> you allow them into your home or premises.
You have the right to refuse them access. You have the right to refuse
to allow any changes. They have the right to disconnect you from their
network. They cannot unilatterally make changes to cabling that has
become a part of your real property. You must grant them permission to
do so. The only place they can demand access to is any cable running in
their easment, which typically is on their side of the tap. Even your
drop typically runs outside their easement, and is part of your real
property.
> Our cable company
> has the legal right to demand access to their trunk cable that
> enters our property and to access their amplifier and taps, but
> they must also schedule an appointment ahead of time with someone
> who has keys to the storerooms. Once they have access to the
> equipment that is theirs, they can do anything they want with it -
> including removing it.
You're talking about commercial or multi-unit residential which is an
entirely different animal than single unit residential. The cable
company has no right to demand access to any part of your property
except for the utility easement properly recorded in the county records.
They cannot demand access to someone's home. They can, however,
disconnect you from their network. That act could only be done within
their easement, for example at the tap, not at the house end of the
drop.
The situation is different for commercial and multi-unit residential,
including common areas of condos, co-ops, and HOA's.
Homeowners, sitting in their single family homes, do not have to worry
about a cable company ever asking for the installed cable back. They
don't have to allow cable company employees access. The only recourse
the cable company has is they can disconnect the home owner from their
network. After that happens, the home owner is free to repurpose that
cable for use with a satellite TV system, or a different cable company's
system, or whatever they want to use it for. The cable company cannot
remove it. They cannot demand it's removal. And once it's disconnected
from their network, they cannot dictate it's use.
--
Warren H.
==========
Disclaimer: My views reflect those of myself, and not my
employer, my friends, nor (as she often tells me) my wife.
Any resemblance to the views of anybody living or dead is
coincidental. No animals were hurt in the writing of this
response -- unless you count my dog who desperately wants
to go outside now.
Maintain your landscape with Black & Decker:
http://www.holzemville.com/mall/blackanddecker
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Posted by Eric on April 25, 2007, 12:51 am
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>
> Homeowners, sitting in their single family homes, do not have to worry
> about a cable company ever asking for the installed cable back. They
> don't have to allow cable company employees access. The only recourse
> the cable company has is they can disconnect the home owner from their
> network. After that happens, the home owner is free to repurpose that
> cable for use with a satellite TV system, or a different cable company's
> system, or whatever they want to use it for. The cable company cannot
> remove it. They cannot demand it's removal. And once it's disconnected
> from their network, they cannot dictate it's use.
Inside wiring is put there because it is necessary. The customer pays
for it at the time of installation. They may have only paid .99 for
it, but they did pay something. Physical cable is a capital expense
for the cable company.
The only thing you may not be right on is the drop, but it depends on
where the franchise (or some legal document) determines the demarc is.
As I understand it, most of them say it is at the ground block, since
that follows generally accepted practices with other utilities (power
company at the meter base, phone company at the NIU). If you want to
use the cable company drop for connection to a satellite dish, for
example, that is not allowed, but if you disconnect the drop from the
ground block and attach a line to a dish, that is OK.
Of course, if you're steaming mad at the cable company, we'll be happy
to remove the drop from your house. Just understand that pant sticks
to plastic jacket material better than wood! :)
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