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GERSTEIN v. AXTELL

No. S-7514.

960 P.2d 599 (1998)

Steve GERSTEIN d/b/a Gerstein Communications, Appellant, v. Howard L. AXTELL and Patricia L. Axtell, and Golden Valley Electric Association, Appellees.

Supreme Court of Alaska.

June 19, 1998.

Attorney(s) appearing for the Case

Joseph W. Sheehan, Law Offices of Joseph W. Sheehan, Fairbanks, for Appellant.

Charles Cole, Fairbanks, for Appellees Howard L. and Patricia L. Axtell.

John J. Burns, Birch, Horton, Bittner and Cherot, Fairbanks, for Appellee Golden Valley Electric Association.

Donald C. Ellis, Kemppel, Huffman and Ellis, P.C., Anchorage, for Amicus Curiae Alaska Rural Electric Cooperataive Association, Inc.

Before COMPTON, C.J., and MATTHEWS, EASTAUGH, FABE and BRYNER, JJ.

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...

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