If the cable company put it in and people are using the service, you cant touch it. I have done thousands on MDU projects, Residential, Hospital, Hotels, etc.
If the cable company is not suppling any service to the tenants then they probably would not know you used the cable for SMATV.
If someone ends up wanting service there, the cable company cant cut off your service and take it back.
Many years ago there was a company that did a lot of SMATV systems in So Cal, we did some work for them and made the mistake of using the MSO's cable and conduit. The MSO, came in the night and poured concrete down the conduit to teach us a lesson.
It is sort of like any utility company when it comes to that sort of thing, the service drops and equipment belong to the MSO. Place your own cable and play it safe, professionally and fair.
If it came down to a lawsuit, like johned said, they would have to prove that they bought and placed all of the equipment. You will not win!
Re: Legal question for apartment complex.
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