Judge nixes AT&T’s attempt to stall Google Fiber construction

18 Aug 2017

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A judge has dismissed a federal lawsuit filed by AT&T, over Google Fiber installing equipment on AT&T's utility poles in Kentucky.

AT&T had argued that an ordinance passed last year by Louisville officials which allowed high-speed internet providers to install their new equipment on utility poles owned by AT&T was in breach of state and federal rules. Judge David J Hale ruled Wednesday that the city had the right to control its public rights of way.

The Federal Communications Commission had supported the city, saying regulations on pole attachments did not apply in Kentucky.

A spokesman for Louisville mayor Greg Fischer told The Courier-Journal that the city was pleased with the ruling.

According to AT&T spokesman Joe Burgan, the company was reviewing the decision and potential next steps.

"We are currently reviewing the decision and our next steps," AT&T said when contacted by Ars Technica reported yesterday.

One Touch Make Ready rules allow ISPs make all of the necessary wire adjustments on utility poles on their own instead of having to wait for other providers like AT&T to send work crews to move their own wires. In the absence of One Touch Make Ready rules, the pole attachment process can cause delays of months before new ISPs can install service to homes.

AT&T claimed that Louisville did not have jurisdiction under federal or state law to regulate pole attachments, an argument which the district court judge rejected.

Kentucky's state Public Service Commission has exclusive jurisdiction over regulation of rates and services of utilities, but cities could "regulate local utilities in every area except as to rates and service," the judge wrote.

"Louisville Metro has an important interest in managing its public rights-of-way to maximize efficiency and enhance public safety," Hale wrote. "And Kentucky law preserves the right of cities to regulate public rights-of-way. Because Ordinance No. 21 regulates public rights-of-way, it is within Louisville Metro's constitutional authority to enact the ordinance, and [Kentucky law] cannot limit that authority."

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