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.
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.