1. There is right of way in many subdivisions to which the likes of AT&T can't keep me out of. It's illegal and monopolistic. One of my business partners was a home builder which was one of the angles but not the only one.
2. When a cable company or telephone company runs cable from a pedastal to your residence, you legally own that cable run. If it's a single family home, it's your property. The same is nearly true if you live in a Condo or an apartment with the difference being the property own owns the cable from the pedestal to the building and you own what is called the "inside wiring" which is the point of entry of the apartment/condo to your rented space.
And these two laws allowed us to compete for a long time against the bigger Cable companies, including going into locations where they were well established and kicking them out in the case of Apartment complexes and Condos.
Our typical modus operandi was to go into MDUs (Multi Dwelling Units) and offer the property owner revenue share contract in exchange for exclusive rights to the property; something the incumbents don't do. This only works with MDUs not municipalities.
There are a lot of PCOs (Private Cable Operators). Maybe not enough to make a dent just yet, but I firmly believe this can continue. Comcast has good lobby power with FCC. They lobby for strict/stupid laws that attempt to create barriers to entry to try and keep the smaller PCOs from doing what we did...
[1] http://www.crainsdetroit.com/article/20081109/SUB01/81110033...