Yes, under 47 U.S.C. 541(a)(2).
I wrote about this issue in August 2005 in a thread "Re: Broadband Competition Must Surely be Working." Following is a reprint of the relevant section:
The right of a franchised CATV operator to occupy land stems from three sources:
FRANCHISE AGREEMENT. A franchise agreement grants a CATV company the right to occupy (install and maintain its facilities on) right-of-way owned by the (one or more) municipal and/or county government(s) that constitute the LFA (local franchising authority). But a franchise does not grant the right to occupy:
- Other government property (parks, recreation facilities, schools, government buildings, etc.) unless specifically so stated in the franchise agreement.
- Property owned by any municipal or county government that is not a constituent government of the LFA.
- Property owned by any separate governmental entity (federal or state government; school district; public college or university, etc.).
- Railroad right-of-way.
- Private property.
PRE-EXISTING RECORDED UTILITY EASEMENT. Franchised CATV operators have a federal right to occupy existing recorded utility easements "which have been dedicated for compatible uses." The term "compatible uses" is usually construed to mean easements dedicated for electric power and/or telephone facilities.
My original post is at