A class action lawsuit filed Tuesday in Circuit Court says EPB should be required to pay property owners when fiberoptic line is installed across their property.
EPB is in the process of installing a network of fiberoptic lines for its planned cable TV venture.
Officials said the fiberoptic line is also to be used for a Smart Grid to help with system efficiencies.
Greg Eaves, EPB senior vice president of finance and CFO, said, “We are confident that this project meets all legal requirements and specifications. We are upgrading our electric system by building a fiber optic Smart Grid. The purpose of the fiberoptic Smart Grid is to modernize the electric system for the benefit of all customers.
"By adding some additional electronics, we can provide superior high speed Internet, video and phone to customers who choose to purchase them, but the primary purpose of building this infrastructure has always been and continues to be for the benefit of our electric customers.
"We continue to be confident that this project complies with all requirements of the law.”
The suit was brought by David Matthews and Tommy Baker against the city of Chattanooga, EPB and EPB Telecom.
It says the defendants "do not have the right to use electric power easements for cable without compensation to the owners of the fee."
The suit also says, "The city, EPB and EPB Telecom have begun to use electric power transmission easements for the installation and maintenance of cable. Neither the city, EPB nor EPB Telecom has paid any compensation to any owner of property through, over or under which they have installed cable."
The suit, filed by attorneys John Cavett and Barry Abbott, asks unspecified compensatory and punitive damages.