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Tacoma claims in lawsuit that Comcast has misused public property for private gain

The city is taking Comcast to court over an alleged use of utility property dedicated to Click service. Comcast denies the allegations.
The city is taking Comcast to court over an alleged use of utility property dedicated to Click service. Comcast denies the allegations. The News Tribune staff file

The city of Tacoma has filed a lawsuit against Comcast Cable Communications, alleging the communications giant improperly inserted a cable delivering internet in a conduit designated for Click use at a Fife business location in 1998.

When Tacoma Power discovered the cable in July 2018, Comcast was ordered to remove it. The lawsuit, filed earlier this month in Pierce County Superior Court, called it an illegal conversion of TPU equipment for Comcast’s private business use.

Municipally owned Click and Comcast are competing providers for cable and internet service in Tacoma. The city’s complaint states that “the conduit at issue now, and for all relevant times ... has always had ‘TPU Telecom’ permanently marked on it, and the defendants replaced TPU electrical vault lids with their own.”

In documents filed with the court, Comcast said it “lacks knowledge or information sufficient to form a belief as to the truth of the allegations ... and therefore denies the allegations.”

The city seeks to block further use of the conduit by Comcast, as well as compensation, damages and restitution. The total amount sought by the city is still being determined. The case has an assigned court date in September.

According to officials involved in the case, the city has not investigated to see whether there have been other instances of Comcast using TPU equipment or facilities.

This story was originally published April 29, 2019 at 11:26 AM.

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