Which public land are you referring to? Because the article is referring to things like the Amazon terms of service. What public property is Amazon taking advantage of?
Though you're right in principle; that is a small piece of what Amazon does. I was just trying to fend off the oft-repeated notion that the Internet backbone was entirely the work of private industry, and the government has no business regulating it.
Moreover, what possible connection could there be between cable right-of-ways and the terms of service for Amazon's own servers?