Wave Broadband of Kirkland, WA

My complaint is re: Wave Broad Band (866) 928-3123 located in Kirkland , WA 98033 operating out of a local office in Port Orchard. I have reported 'Notice of Trespass', 'Disregard of Property rights' and 'Physical Hazards' on my property to them, but I have got no reasonable response in over 6 weeks.

I am the new owner of a lot located at 13320, Banner Rd SE in Olalla WA, purchased in May of 2006 and I am trying to build my house on the lot. I have informed Wave Broadband repeatedly over the last 45 days to rectify: 1- a flagrant trespass law violation by their company, 2- an unlawful usage of air space by their equipment with no compensation to landowners and, 3- an urgent physical hazard on my property that has not been addressed by them or their agents.

Firstly, the cable run Wave Boradband has over my property is unlawful trespass without an easement or any such documented agreement to go across my property. The Title company has verified again that no such easement / agreement exists. The cable is going directly across the building pad for the main house and ADU construction, detracting from the value and beauty of the property and proposed construction.

Secondly, Wave Broadbands' utility pole collapsed in the previous wind storm (Dec 2006) and the cable it carried has crashed on to the ground across two properties, including my lot on 13320, Banner Road in Olalla, WA. Their equipment in not only in violation of State and County trespass laws but it is now a physical danger to my construction workers and I have notified them that I will hold Wave Broadband legally and financially liable for any and all physical or financial harm done to me, my contractors, their equipment and resultant damage to life or property caused directly or indirectly to us by their equipment or failure to remove their equipment by neglecting these repeated complaints. The fallen cable is also a hazard to traffic on Banner Rd. SE since the only support for it is a lone power pole on the east side of my property, should it collapse it could cause potentially severe accidents on the road due to the weight and size of the cable.

I have made numerous attempts to rectify the problem by sending them written notices and making phone calls. I even tried to caution them that they are inviting costly litigation which will not be limited to the cost of removal, but also recovery of all court and legal fees should I proceed to seek legal action against Wave Broadband and or its agents. Nothing has worked. I have been patient and understanding enough with them, and repeatedly told them that action is overdue on their behalf.

I have also expressed to them that their lack of response and apathy to action, Wave Broadband comes across as arrogant and disrespectful towards the residents of this community and I will do all I can to warn the public of their attitude towards residents this town. I am now making payments on the lot and my constrcution workers are unable to proceed with the work. This company will ruin my project financially, if they don't hurt someone by their neglegence before that.

Supervisor Involved: Yes

Results with Supervisor: No tangible results over 45 days, No immeditate address to storm damage endangering workers. I am always told that 'management has the case and it's too much money for them to act, so they need time to decide'

Complaint Resolution: Relocate the cable totally off my property since it is hindering construction of the main house, cottage, and septic/stormwater drain field. Immeditely lift and support the cable out of the building pad (main house, cottage and drain field) in the interest of contractor safety, road safety, and before I run out of funds to complete my project. The lot or the space above it is not for rent or sale, Wave Broadband needs to respect property owners rights in this town and be a good neighbor.

I am therefore asking your good offices to bring justice to those of us that cannot go against these Corporate giants that have no regard for individual rights.

Simon Borrou.

P O Box 24642

Federal Way, WA 98093

(206) 434 - 7304

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