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Sprint Comm'ns Co. LP v. Albany Cnty., New York

Parties' Designated Arbitrators Appointed, Must Select Third Pursuant to 2015 Agreement

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MEMORANDUM-DECISION AND ORDERI. INTRODUCTION  Plaintiff Sprint Communications Company L.P. (“Sprint”) brings this diversity action against Defendant Albany County, New York (the “County”) for appointment of an arbitrator, (Dkt. No. 1), and moves for appointment of an arbitrator or arbitrators, (Dkt. No. 4), pursuant to Section 5 of the Federal Arbitration Act (“FAA”), 9 U.S.C. §§1-16. The County opposes Sprint’s motion and cross-moves to dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), (Dkt. No. 24), which Sprint has opposed, (Dkt. No. 25). For the reasons that follow, the County’s cross-motion is denied, and Sprint’s motion to appoint an arbitrator or arbitrators is granted.II. FACTS1In 1986, US Telecom, Inc. (“US Telecom”) — Sprint’s predecessor in interest — entered into a twenty-year “Fiber Optic Easement Agreement” to construct and maintain telecommunications lines running within a railroad right-of-way owned by Guilford Transportation Industries, Inc. (“Guilford”). (Dkt. No. 1,9). Guilford’s interest was subsequently transferred to the Delaware & Hudson Railway Company, Inc., doing business as Canadian Pacific Railway (the “Railroad”). (Dkt. No. 1,

9, 14). The right-of-way “includes a segment between Mile Post 1.90…in the City of Albany, New York, and Mile Post 10.896…in the Village of Voorheesville, New York (the ‘Trail Segment’).” (Id.10). US Telecom installed the lines within the right-of-way shortly thereafter. (Id.11). In 2006, upon expiration of the original Easement Agreement, Sprint and the Railroad executed a twenty-year “License Agreement” extending Sprint’s right to operate and maintain its telecommunications lines within the right-of-way, and granting Sprint the option to renew the license for an additional twenty-year term. (Id.

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