Media General Cable of Fairfax, Inc. v. Sequoyah Condominium Council of Co-Owners

I concur in Parts I, II and III of the majority opinion, but respectfully dissent as to Parts IV and V thereof.

A

The majority concludes that the only compatible easements covered by section 621(a)(2) of the Cable Act are those dedicated for a public use. While that conclusion has also been recently reached by the Eleventh Circuit, see Cable Holdings of Georgia, Inc. v. McNeil Real Estate Fund, 953 F.2d 600, 608-09 & n. 9 (11th Cir.), reh’g en banc denied, 988 F.2d 1071 No. 91-8032, (11th Cir., Apr. 9, 1992), cert. denied, — U.S. -, 113 S.Ct. 182, 121 L.Ed.2d 127 (1992), I respectfully disagree…