I don't have the answer, but I wonder if they are considered a utility and operate on utility easements. Then we have to look at the county and state, too.
replyOn the other side, I've read they operate a considerable number of private installations, too. Even that is suspect, too, in that there is existing case law affirming that people have a reasonable expectation of privacy in "the whole of their public movements."
They’re not utility. But you don’t have to be a utility to construct in the right-of-way.
replyGood point. Then, if the contract lapses, who is responsible for that infrastructure? Does flock have to tear it down?
replyProbably some legal question that won’t get answered until there is a strong pressure to do so.
replyAnd what's standing in the way of cleaning them up as litter?
replyNo, the right-of-way is not anything-goes. The property is legally owned by the deed holder of the real property thru which it passes, but practically the right-of-way is managed and maintained by the jurisdiction claiming the right-of-way, i.e. municipal, county, state government agencies. Installations need to be permitted by the agency.
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