City in federal court with Charter Cable in June

Published 7:01 pm Thursday, April 27, 2006

An attorney for the city of Athens in its suit with Charter Communications said that parties have a June 19 trial date at the federal district courthouse in Huntsville.

Sal Ferlazzo, who is representing Athens, said he expects a “two to three week” jury trial to hear complaints from both sides.

Ferlazzo said that Athens brought a complaint against Charter for a declarative judgment, saying its consultant observed that the cable company did not comply with certain standards on pole attachments. Charter filed counterclaims, charging the city’s consultant, Rusty Monroe, with breach of confidentiality. Charter also says Athens breached the franchise agreement by not completing the “make-ready.”

“They say there were problems on the pole,” said Ferlazzo. “The cable company will ask the electric department to expand the space. They say the delay by Athens Electric Department has impacted Charter. These are allegations until they are proven.”

Ferlazzo said there are certain national standards for all “occupants” of a pole. He said the city contends the Charter attachments were a safety violation.

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