Idaho Sprint, Level 3 Fiber Optics Settlement

Idaho residents who own land next to or under where the railroad operates may be entitled to a cash payment from a class action lawsuit settlement with Sprint and Level 3 Communications.

The Sprint and Level 3 Communications settlement will resolve a class action lawsuit, titled Koyle v. Level 3 Communications, Inc., that alleges the companies installed telecommunications facilities (such as fiber-optic, copper or coaxial cables for the transmission of voice or data) without the consent of those who own land next to or under the railroad rights of way. (A “right of way” is the land over which the railroad operates.)

You may recall seeing an earlier notice in August and September 2008 about a settlement in Kingsborough v. Sprint Communications that involved the same claims as this case. The Kingsborough court decided it did not have the power to decide whether that settlement should be approved. The parties then negotiated this new settlement and are presenting it to this Court for approval.

You are a member of the Koyle v. Level 3 Communications settlement class if you own or co-own (or formerly owned or co-owned) land in the following Idaho Counties: Minidoka, Lincoln, Gooding, Elmore, Ada, Canyon, Kootenai, and Bonner that is next to or under a railroad right of way where Telecommunications Facilities have been installed by Sprint and Level 3. This land is referred to as “Covered Property.”

If you are still unsure whether you’re a class member, you can go to www.IdahoFiberSettlement.com to see the description of the rights of way that are included in the class action settlement, or call 1-877-625-9417 to see if your property is included.

The Idaho fiber class action settlement will provide cash payments to those who qualify. The amount you receive will depend on a number of factors, including: how many feet of property you own next to the railroad right of way; how long you owned the property; how the railroad got its property rights; and how many people co-own the property with you. Your cash payment will also be based on which payment formula you fall under, which could grant you a payment of $2.28 per foot, $.26 per foot, $.13 per foot, or $1.25 per foot.

The only way to get a payment from the Idaho fiber settlement is to submit a claim form, but you will not be able to submit one until the court approves the settlement at the hearing on June 14, 2011. Claim forms and their submission deadlines will be posted at www.IdahoFiberSettlement.com after the settlement is approved.