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AT&T Sues to Delay Google Fiber in Louisville

AT&T has filed a federal lawsuit to hinder Google Fiber's attempt to deploy ultra-fast broadband service in Louisville. The city recently voted 23-0 to let Google Fiber deploy in the city, streamlining the city's pole attachment process. Previously, it could take up to six months of paperwork if a competitor wanted to use the city's utility poles, 40% of which are owned by AT&T. The city streamlined this to just one month, giving competitors the right to move others' gear if needed, but holding the third party (in this case Google Fiber) accountable for damage costs.

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AT&T being AT&T, has brought out the lawyers, claiming that Louisville lacked the authority to make that decision. It's also claiming that letting third party contractors move pole gear would cause "irreparable harm that cannot be addressed by recovery of damages."

AT&T's full lawsuit (pdf) urges a federal judge to clarify that the authority to regulate poles is reserved to the Kentucky Public Service Commission and the Federal Communications Commission. That's odd, since AT&T spends the lion's share of its time trying to argue the FCC lacks authority to regulate broadband whatsoever.

AT&T's concern for the letter of the law is also curious, given the company's recent history of indisputable fraud. From ripping off the hearing impaired and low income Americans, to getting caught making its bills harder to understand to help crammers rip customers off, AT&T's not particularly well qualified for interpreting the law. Still, AT&T lawyers try desperately to pretend AT&T's solely concerned about what's right here.

"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," AT&T said in a statement to the media. "We have filed an action to challenge the ordinance as unlawful. Google can attach to AT&T’s poles once it enters into AT&T’s standard Commercial Licensing Agreement, as it has in other cities. This lawsuit is not about Google. It’s about the Louisville Metro Council exceeding its authority."

Except of course AT&T's lawsuit has everything to do with Google, since the lawsuit will delay Google from entering the city and bringing much-needed direct competition to bear against the massive telco.

Most recommended from 61 comments



jchambers28
Premium Member
join:2007-05-12
Peculiar, MO

26 recommendations

jchambers28

Premium Member

AT&T sues Louisville over 145;Google Fiber146; proposal

FUCK YOU AT&T yes i said it i will say it again FUCK YOU AT&T

Zenit_IIfx
The system is the solution
Premium Member
join:2012-05-07
Purcellville, VA
·Comcast XFINITY

17 recommendations

Zenit_IIfx

Premium Member

Crap move on the part of ATT

Sleazy moves are to be expected of AT&T, after all how can they tolerate letting competition in without a fight? Monopolistic dinosaurs don't give in easy.

I do understand their anger regarding 3rd parties moving lines though. Generally that is not done in the industry. If a power company has to switch poles to a new one the ILEC and MSO and anyone else attached has to move their own gear on their own.

Letting someone else move your lines sounds like a disaster in the works, especially when they are old Bell System era lines that may be pretty fickle.
vypergts
join:2010-03-17
Reston, VA

10 recommendations

vypergts

Member

PUCs do regulate pole attachments in most places

I hate to say this but they kind of have a point. Unless the city owns the poles, they can't really tell AT&T what they can and can't do with theirs. We went through this in VA, where Comcast twice lobbied the state legislature to try and lower the rate they pay to attach to poles owned by electric cooperatives (which happen to charge higher than investor owned utilities because their customers would pay the difference). It's an ongoing battle...largely fought at the state level at the regulating body of utility poles: the state corporation commission (or public utilities commission in the KY case). If a city has that power, you could see how that could backfire badly. The AT&Ts and Comcasts would just lobby individual cities to get concessions and you'd have infrastructure failing all over the place even worse than we do now.
tkdslr
join:2004-04-24
Pompano Beach, FL

2 edits

9 recommendations

tkdslr

Member

At&t should loose big time, and be charged under

Sherman anti-trust act..

from the wiki...
"agreements, conspiracies or trusts in restraint of trade",

and

"Conduct characterized as per se unlawful is that which has been found to have a "'pernicious effect on competition' or 'lack[s] . . . any redeeming virtue'"..

At&t should be punished, forfeit all value in telephone poles in question and charged both rent, right of way taxes, and all legal costs.
Additionally Google will also have a claim, and damages include all At&t's wire line revenues + treble punitive damages for the area in question.

Flagrant attempts to use our court system to enforce anti-competitive monopolies should be punished severely.

davidc502
join:2002-03-06
Mount Juliet, TN

6 recommendations

davidc502

Member

Let's face it, they are protecting interests

at&t is simply trying to protect the cash cow!

They will do or say anything to keep competition from coming in and rocking the boat. In my opinion this is where we need authority to say that at&t is to share the poles if they want to or not.

woody7
Premium Member
join:2000-10-13
Torrance, CA

6 recommendations

woody7

Premium Member

Hmmmmmmmmmmmmmmm

I live in Torrance ,Ca and my city does regulate the poles. All new construction requires burried utilities including phone. Also depending on what is being done as far as remodel you also have to burr the utilities unless a hardship in which you have to go before the city council.I have att uverse and voip which I must say has been pretty decent and at a fair price. I think goole should spank them good and send a message.

dcurrey
Premium Member
join:2004-06-29
Mason, OH

5 recommendations

dcurrey

Premium Member

Simple solution.

Government need to use Eminent domain and remove ATTs ownership of the poles.

YukonHawk
join:2001-01-07
Patterson, NY

1 edit

5 recommendations

YukonHawk

Member

Lawsuit...

Is it frivolous or protectionism?