AT&T, railroad in legal fight over Mendocino County telecom lines

That vandals were able to cut an AT&T fiber optic cable north of Hopland last week carried a special surprise for North Coast Railroad Authority officials.

They had no idea AT&T has cable running along the tracks between Hopland and Ukiah, NCRA attorney Chris Neary said.

“I know we don’t have any arrangement with AT&T” to use that property, he said.

AT&T did not respond to multiple requests for comment on the issue or a related battle over its use of the railroad’s property, much of which is in disrepair and could use a cash infusion.

Neary filed a lawsuit July 31 alleging AT&T has been trespassing on railroad property between Healdsburg and Willits since NCRA bought the property in 1996. It makes similar allegations regarding tracks NCRA acquired in Humboldt County in 1991.

It’s possible AT&T is subleasing an encroachment permit from Williams Communications, which has permission to lay cable. Williams could not be reached for comment.

According to the lawsuit, AT&T has claimed its predecessors, including Pacific Bell, had agreements with prior owners of the railroad. It also claims it doesn’t need to pay NCRA any rent for using the right of way, causing NCRA to lose income, the lawsuit states.

But the 1947 licensing agreement states that either party can cancel the agreement with 30 days’ written notice and that it’s not transferable without permission of the railroad.

The rail authority is seeking damage for the lost rent and a court order halting the alleged trespassing.