Railroad Association Sues State of Virginia Over Broadband Rights

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Flexing their eminent domain, some railroads are using their allowances to challenge broadband expansion in Virginia. The American Association of Railroads has taken the matter to court, challenging the Commonwealth of Virginia’s right to place broadband priority over railroad sovereignty. Virginia’s new rulings clearly favor the interests of broadband providers, prompting the railroad industry to push back, notes the Independent-Messenger.

Banding together, the Virginia, Maryland, and Delaware Association of Broadband Cooperatives (VMDABC) has prepared a statement supporting Virginia’s decision to give more decision-making power to the telecommunications industry. The members of VMDABC recognize that there are still estimated to be about 200,000 Virginia residents who lack digital connectivity, making further delays imposed by the railroad union detrimental to these people. 

In a written statement, the VMDABC noted, “Railroads were once the engines of technological progress. The rapid expansion of rail networks linked urban and rural areas and fueled America’s explosive economic growth in the late 19th and early 20th centuries. Now, however, railroads stand in the way of technological development. Broadband providers have been trying for decades to expand high-speed internet connections to rural areas. But railroads are using their rights-of-way (acquired largely through eminent domain) to block the roll-out of high-speed data networks.”

Legislation was passed back in March to help speed up broadband rollout by allowing the telecoms to cross railroad tracks without burdensome and time-consuming requirements. The Virginia law mirrors similar rulings already in place in Illinois, Minnesota, Nebraska, North Dakota, and elsewhere.

“Cooperatives are committed to delivering broadband and building the needed infrastructure for our members,” stated VMDABC Chair, Casey Logan. “While the recent actions of the railroads are disappointing, we remain vigilant in our mission to ensure that every Virginia family is connected to broadband and that railroad crossings are accomplished safely, in accordance with relevant regulations. We hope that the matter is resolved in a timely manner so we can continue our work to get broadband access to the 200,000 Virginians who are still waiting.” 

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