Gerstein v. Axtell

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Gerstein Communications (GC) is a cable television franchisee. Citing the access provisions of the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq. (the “Cable Act”), GC sued landowners Howard and Patricia Axtell and the Golden Valley Electric Association (GVEA) to obtain access to use a private easement owned by GVEA and located on the Axtells’ property. The superior court granted partial summary judgment to GVEA and the Axtells, and held that 47 U.S.C. § 541(a)(2) does not give cable franchisees access to private easements. 1 Because…