North American Network Operators Group

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Re: What happens when a fiber carrier goes broke ?

  • From: Vincent J. Bono
  • Date: Wed Aug 01 14:37:54 2001

Depending on the contract, maybe.

If it is an IRU then they cannot, because it is your fiber truly, kind of
like buying a condo.  If the association goes belly up, you don't have to
move.  Of course who maintains it is another problem.  Like who provides
power to the collocates for regen is analogous to who fixes the roof on the
entry hall.

If you lease the fiber, unless you have a security interest in the asset, it
would go away.

I'd bet a court would be amazingly unwilling to just sell it to someone else
though.

-vb

----- Original Message -----
From: "Joe McGuckin" <[email protected]>
To: <[email protected]>
Sent: Wednesday, August 01, 2001 2:30 PM
Subject: What happens when a fiber carrier goes broke ?


>
>
> I see that a number of companies that lease dark fiber are near
bankruptcy.
>
> What is the legal position of someone who has purchased a multi-year IRU
> on the fiber?
>
> Can the bankruptcy trustee or creditors reposess your fiber strands?
>
>
> Joe
>