RICHMOND, Va. (Legal Newsline) - CSX says Cox Communications plans to install cable lines under its tracks, without regard for safety.
CSX Transportation, Inc. (CSXT) has filed a lawsuit against Cox Communications Hampton Roads LLC (Cox) in the U.S. District Court for the Eastern District of Virginia. The suit is centered around an alleged unauthorized access and interference with CSXT's railroad property and operations by Cox.
CSXT claims that Cox has historically complied with its standard policies and permitting requirements governing installations on, under, or above CSXT’s active rail lines to facilitate railroad and public safety.
However, recently, CSXT received a purported “notice” that Cox intends to ignore CSXT’s safety and permitting processes and instead proceed with an unauthorized installation under CSXT’s fee-owned operating property in Chesapeake, the suit claims.
In support of this action, Cox cites Virginia Code Ann. §56-16.3, a statute enacted last year which purports to permit broadband service providers to access, cross, and occupy property owned by railroads.
CSXT requests that the court issue an order preliminarily and permanently enjoining Cox from proceeding with the unauthorized installation on CSXT’s railroad property or otherwise interfering with CSXT’s railroad operations; declaring that §56-16.3 is preempted by federal law governing rail transportation; and declaring that §56-16.3 violates both the Virginia and United States constitutions.
Thomas McCarthy and others at Consovoy McCarthy in Arlington represent CSXT.