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AT&T, Comcast Utility Pole Feud Slows Google Fiber in Nashville

Google Fiber is preparing for another standoff, this time in Nashville, against incumbent ISPs unhappy with the threat of added competition. You'll recall that AT&T recently sued the city of Louisville for its decision to pass "one touch make ready" utility pole attachment rules. Such rules allow an insured, agreed upon third-party contractor move any ISPs' gear on the pole, dramatically reducing the time it takes to get fiber deployed. Google supports such an idea and incumbent ISPs, for obvious reasons, do not.

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With Google Fiber's deployment in Louisville on hold, the same argument is starting to unfold in Nashville, where the city began considering similar rules this week.

While the rules benefit everybody, incumbent ISPs have no such need of such rules, since they often own the poles and already have networks in place. ISPs have long been accused of using such rules to bog competitors trying to enter a market down in bureaucratic red tape.

To stop rules streamlining this log jam, large ISPs have gone so far as to try and argue that the rules violate ISPs' Constitutional rights. In Nashville, both AT&T and Comcast are fighting the reform, claiming, (ironically, if you know either company) that they're just looking out for unions and are sticklers for the rules.

“While we have not seen the proposed ordinance, we are concerned that a make-ready ordinance would interfere with our contractual commitment to have our skilled employees represented by the Communications Workers of America perform make-ready work on our behalf,” says AT&T Tennessee spokesperson Joe Burgan.

"Beyond that, we have serious concerns with other companies being allowed to perform work on our facilities without providing us notice, which could put service reliability and public safety at risk in some circumstances," AT&T added. "Additionally, jurisdiction to regulate pole attachments rests with the FCC, and municipalities have no authority under federal or state law to enact the ordinance being proposed here.”

That would be the same FCC that AT&T usually is busy claiming has absolutely no authority over the company. In a separate statement provided to DSLReports.com, AT&T claimed it has been nothing but cooperative (a claim Google Fiber disputes).

"We were the first provider to work with Google Fiber to grant them access to AT&T utility poles," AT&T says. "We already have a national agreement with Google to give them access on a city-by-city basis. We’re glad to grant them access to our poles like we have for others, but Google attempting to change the rules for their benefit is ridiculous."

Comcast, also obviously not keen to see consumers access cheaper, faster broadband alternatives (especially in its capped Southern markets), wants the entire thing thrown back to committee for further study, however long that would take.

“We believe that the appropriate next step would be to conduct a meeting of the stakeholders — including AT&T, Comcast, Google Fiber, NES and Public Works — to review the make-ready and permit process and discuss areas for improvement,” says Sara Jo Walker, a Southern regional spokesperson for Comcast. “This should be accomplished prior to any proposed legislation.”

Google Fiber, in contrast, states that updated pole attachment regulations will help the company deploy competition more quickly, and more safely.

“By embracing a one-touch make ready policy, Nashville is taking a significant step to bringing faster, better broadband to its residents,” says Amol Naik, Google Fiber’s Southeast region head of public policy. “Such policies can simplify and expedite a big infrastructure effort like Google Fiber, reducing community disruption and promoting public safety.”

Most recommended from 93 comments



Killa200
Premium Member
join:2005-12-02
Southeast TN

Killa200

Premium Member

Liability

"Beyond that, we have serious concerns with other companies being allowed to perform work on our facilities without providing us notice, which could put service reliability and public safety at risk in some circumstances," AT&T added.

This part I'm actually going to have to agree with. I have no idea whats going to happen with my infrastructure when parties not vested in my company decide to tamper with it. Why would some other person's third party contractor give two shits about how they handle my line when they work on it?

Oh its damaged? Well it was like that already, we didn't do it!

Oh we broke clearance rules when we moved you line around, and a dump truck hit it and broke 10 poles? Well its your line, your fault!
elray
join:2000-12-16
Santa Monica, CA
·Time Warner Cable

elray

Member

Not so fast...

Moving someone else's equipment?

We were lights-out here and cord-cut for some time, with permanent ramifications, when we had authorized / official out-of-state electrical crews working on the lines - they took out cable for the entire block.

It is not an unreasonable position for AT&T, Comcast, et al, to require that their personnel oversee or do the work.
dot854jc
join:2004-06-28
Cleveland, TN

dot854jc

Member

Isn't it Ironic? Yes, Yes it is

AT&T as well as Charter are not willing to move equipment for things such as pole replacements but yet want to stop something that would allow others to complete it as well? Charter specifically has gotten sued for similar things in Tennessee for refusing to move equipment to new poles etc. They are really willing to do anything it takes to make sure they do not have to compete in the marketplace.

Edit: I do agree with the posts above but many of the companies here in Tennessee refuse to take care of it themselves. Apparently they don't care at all about the infrastructure.
tmc8080
join:2004-04-24
Brooklyn, NY
·ooma
·Optimum Online
·Verizon FiOS

tmc8080

Member

fcc made it clear

Incumbents cannot impede competition from deploying a network once a franchise agreement has been granted to companies like google. If ATT wants to observe the work being completed.. so be it, they're just not getting PAID for someone to sit there. The fees have already been negotiated.. so they lost a second bite at that apple.

F100
join:2013-01-15
Durham, NC

F100

Member

New Poles for Google in Durham

I know here in Durham Duke Energy seems to be putting up a lot of new replacement poles near my house where the trunk fiber between Fiber Huts is supposed to go. I don't know how many poles Frontier or TWC/Charter own but a lot are by Duke Energy I assume. Seems to be enough new attachment fees it's worth it to upgrade any questionable poles.

AT&T, on the otherhand, in their overbuild of Durham, is using as few of poles as possible. Except where the fiber goes up and over creeks. Then they probably pay to set their own. Almost everything is going underground for AT&T in Durham City where AT&T doesn't have much pole access already. Seem they would rather upfront the expense of buried and then save later by not have to pay pole owners. But in Chapel Hill next door, AT&T is doing aerial fiber where they have copper phone on poles and just lashing them together, but with separate hardware at the poles. Separate hard ware so they have remove the copper later.
betam4x
join:2002-10-12
Nashville, TN

betam4x

Member

What a monopoly.

I see a lot of people pitching this opinion or that one, but 'make ready' is not something that should typically involve anyone other than the pole owner itself. Comcast does not own the poles (NES does) so they should be keeping their mouth shut. Funny how NES, Comcast, or AT&T have absolutely NO conflict when THEY choose to touch a pole. Reminds me of when we got commercial fiber installed in northwestern NJ. The whole process from 'make ready' to completion took about 2 days. Why? There wasn't any competition to complain (Service Electric Cable of Sparta NJ wanted 6 figures to even consider a build out of about a half a mile...) CenturyLink had a monopoly on the business park next to us...that's why those businesses pay up $1,000/mo for 10 mbit of metro ethernet access per month. It's madness that has to stop, but in a republican society it will never happen. Also, AT&T basically owns Nashville (google the batman building for example), so I am surprised they haven't raised more of a stink.

Disclaimer: I was raised in TN, have worked in IT for years and I've had to deal closely with both the business and consumer side of incumbents for years...this an an industry that needs to change even more so than the banking industry (banking HAS competition). Also, funny enough, I own stock in AT&T, CenturyLink, and Verizon. Just a quick heads up.
tegelad
join:2002-09-18
Whitesboro, TX

tegelad

Member

My view on a compromise ...

In my opinion, what should be provided is a reasonable window of time for the pole owner to provide access and safe communication between differing parties. Once this time has expired, then it should default to some standard where the pole owners rights are reduced, and they can be given the choice of doing the work, or they can choose to be billed by the people putting the gear in. These rules should take effect where there are less than three wired broadband providers in the market (and no satellite, WISPs, or "wireless" fibre) doesn't count.

How about ..