Koponen

background of this litigation. “According to plaintiffs’ allegations, PG&E, by condemnation or private agreement, obtained easements creating rights-of-way over plaintiffs’ properties for the purposes of furnishing and supplying electricity, light, heat and power to the public. Plaintiffs allege that at some time after 1990, PG&E began installing fiber-optic telecommunications lines and wireless telecommunications equipment in the corridors subject to the easements. PG&E later began leasing or licensing fiber-optic capacity and telecommunications services to third parties, including leading telecommunications and Internet companies. Plaintiffs claim by leasing or licensing its facilities to telecommunications providers, PG&E exceeded the scope of the easements granted or conveyed to it . . . .” (Koponen I, supra, 165 Cal.App.4th at pp. 348–349.) Plaintiffs allege PG&E obtained the Koponen easement in 1926 by condemnation, and obtained the Hayes Trust easement in 1921 by agreement. By 2003 with respect to the Koponen easement, and by 1998 with respect to the Hayes Trust easement, PG&E had installed a “shield wire” at the highest point of its electric transmission towers such that…