AT&T files lawsuit over utility pole access in Louisville

The rule – called “One Touch Make Ready” – would let multiple providers readily tap utility poles in the city managed by broadband providers like AT&T. But now those efforts might have hit a snag as AT&T slaps the local government with a big lawsuit.

“We have a lot of work to do before we can offer details on service and timing, or identify the specific condos, apartments, and affordable housing properties that will be connected”, a Google blog post said. “It’s about the Louisville Metro Council exceeding its authority”, an AT&T spokesperson told the Journal.

Louisville Metro Council’s recently passed “One Touch Make Ready” Ordinance is invalid, as the city has no jurisdiction under federal or state law to regulate pole attachments.

Google recently announced plans to consider rolling out Google Fiber in Louisville, Kentucky.

Louisville Metro’s ordinance represents a “drastic departure” from the regulations of the Federal Communications Commission, and in Kentucky, pole attachment issues are the “sole jurisdiction” of the state Public Service Commission, according to the lawsuit.

Google Fiber’s man reason for being in existence – other than to offer 1Gbps speeds at a low price – was to offer competition for customers. According to the lawsuit, the “vast majority” of the poles are either owned by AT&T or operated via a contract with a local utility. It’s also claiming that letting third party contractors move pole gear would cause “irreparable harm that can not be addressed by recovery of damages”.

Supporters of the ordinance – including officials with Mayor Greg Fischer’s administration – have said it will reduce disruption in neighborhoods as Google or other broadband providers install thousands of miles of new fiber-optic cable throughout Jefferson County.

But city residents clearly expect Google to build a network. This will likely get cleaned up pretty quickly – especially now that it’s out and in the media – however it will likely delay Google Fiber’s roll out. But If AT&T’s lawsuit is successful, it will make Louisville that much less attractive to Google Fiber, possibly delaying the company’s entry there.

For months, AT&T and Google Fiber have been locked in a fierce tech battle for control and access to metropolitan areas and their infrastructure.

“While we would welcome Google as a competitor, we feel they should play by the same rules that bind everyone else”, said Hood Harris, Kentucky state president of AT&T. “We have filed an action to challenge the ordinance as unlawful”. In cities where there is no fiber-optic cable already in place, the company has had to install it from scratch – a process that adds layers of time and expense that has left residents frustrated.