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Google Fiber In Austin Hits a Snag: Incumbent AT&T
AcidPenguin9873 writes "Earlier this year, Google announced that it would build its next fiber network in Austin, TX. Construction is slated to start in 2014, but there's a hitch: AT&T owns 20% of the utility poles in Austin. The City of Austin is considering a rules change that would allow Google to pay AT&T to use its utility poles, but AT&T isn't happy about it. The debate appears to hinge on a technicality that specifies what types of companies can attach to the utility poles that AT&T owns. From the news story: 'Google 'would be happy to pay for access (to utility poles) at reasonable rates, just as we did in our initial buildout in Kansas City,' she said, referring to Google Fiber's pilot project in Kansas City...Tracy King, AT&T's vice president for public affairs, said in a written statement that Google "appears to be demanding concessions never provided any other entity before. ... Google has the right to attach to our poles, under federal law, as long as it qualifies as a telecom or cable provider, as they themselves acknowledge. We will work with Google when they become qualified, as we do with all such qualified providers," she said.'"
Because they would fall under FCC Telecomunications Act of 1996, section 702. Which would obliterate their existing business.
The city government gave AT&T the exclusive right of way to put up poles all over everyone's property in the first place.
Under existing federal law, that ROW came under the condition that other "telecommunications providers" can lease space on the poles. The city is really just insisting that AT&T comply with the spirit of the original deal.
So we have an exclusive right granted by government, both federal and city, and now the government (still) attaches strings to that government grant. This doesn't really have anything to do with the free market at all.
I'll google that for everyone else:
Sec. 702. Privacy of customer information.