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Frontier Teams With AT&T To Block Google Fiber Access To Utility Poles (arstechnica.com)

An anonymous reader writes from a report via Ars Technica: Frontier submitted a court filing last week supporting ATT's efforts to sue local governments in Louisville and Jefferson County, Kentucky to stop a new ordinance designed to give Google Fiber and similar companies access to utility poles. They're concerned the ordinances will spread to other states. Frontier's filing said, "the issues raised by the case may have important implications for Frontier's business and may impact the development of law in jurisdictions throughout the country where Frontier operates." The ordinance in Louisville lets companies like Google Fiber install wires even if ATT doesn't respond to requests or rejects requests to attach lines. Companies don't have to notify ATT when they want to move ATT's wires to make room for their own wires, assuming the work won't cause customer outages. ATT claims that the ordinance lets competitors "seize ATT's property." Frontier is urging the court to consider the nationwide implications of upholding Louisville's ordinance, saying Louisville's rule "is unprecedented" because "it drastically expands the rights of third parties to use privately owned utility poles, giving non-owners unfettered access to [a] utility's property without the [...] utility in some cases even having knowledge that such third-party intrusion on its facilities is occurring." Frontier said companies should be required to negotiation access with the owners if they didn't pay to install the utility poles. They urged the court to deny Louisville Metro's motion to dismiss ATT's complaint.

34 of 117 comments (clear)

  1. Wah wah wah, we don't want competition by Anonymous Coward · · Score: 5, Funny

    We don't want Google fiber competing with us and providing cheap internet that is 50x faster. What, do you expect us to actually invest in upgrading ourselves, and even funnier, lowering our prices?

    1. Re:Wah wah wah, we don't want competition by Opportunist · · Score: 5, Funny

      Competition! That's so Un-American! We have worked hard, day and night, for years and years to establish a monopoly, should this now all have been in vain? Isn't hard work rewarded anymore?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re: Wah wah wah, we don't want competition by saloomy · · Score: 2, Insightful

      No. Bullshit. What's un-American is one company thinking it can invite the private property of another company. This is a right of access dispute and a property dispute. Nothing more. And if you feel like Google has the right to put its wires on ATT poles without seeking permission and negotiating for that acces, please send me your business address, as my storage costs could always come down, and I'm happy to use your space for free as well.

    3. Re: Wah wah wah, we don't want competition by Anonymous Coward · · Score: 5, Insightful

      ATT purchased the land on the free market and installed their own poles on it? If that's so, then yeah, I can see this being an unconstitutional seizure of ATT's property if they aren't being paid.

      My guess though is that ATT had the government take the property from its previous owners, and is now crying foul when the government is repeating the process.

    4. Re: Wah wah wah, we don't want competition by ShanghaiBill · · Score: 5, Insightful

      What's un-American is one company thinking it can invite the private property of another company.

      These poles are on public property. The city of Louisville gave AT&T the easement to install the poles, and they can set any condition on that easement that is not specifically prohibited in the contract. There is a public benefit to competitive markets, so this is a appropriate action by the government. We don't expect FedEx, UPS, and other delivery companies to each build their own roads. It makes no more sense for each wired utility to install their own poles.

    5. Re: Wah wah wah, we don't want competition by Opportunist · · Score: 4, Insightful

      No problem. As soon as the government gives me free space, I have zero problem sharing it with you.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    6. Re: Wah wah wah, we don't want competition by Opportunist · · Score: 2

      You're not. I'm the job creator when I buy your product so you're forced to hire someone to make it. You'd gladly not hire anyone if you could get away with it.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    7. Re: Wah wah wah, we don't want competition by Anonymous Coward · · Score: 5, Insightful

      What's un-American is one company thinking it can (invade) the private property of another company. This is a right of access dispute and a property dispute.

      The custom in the US is that all the various utilities share the same poles. If you go back to the early days of electrification, the different companies all ran separate poles and wires. It was a horrible tangle. The pole outside my house has lines for power, phone, and cable. At least three different companies. I don't have three separate sets of poles. I don't know who pays for what. They may not have wanted to share, but they suck it up and share, and it works fine. Why shouldn't they make room for a fourth company?

    8. Re: Wah wah wah, we don't want competition by lgw · · Score: 4, Insightful

      The company now known as "AT&T" likely had nothing to do with installing these poles. A lot of hard work went into the creation of the original telephone network, and that should be respected. The abuse of customers by Ma Bell overwhelmed that, and they were broken up and lost any right to that legacy. Just because someone re-assembles the monopoly doesn't give them any moral right to that infrastructure - if anything, the reverse.

      The "last mile" need to be a set of public utilities nationwide. Cable, phone lines, all of it. Preventing abuse of monopolistic power is a legitimate government power, and that includes natural monopolies.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    9. Re: Wah wah wah, we don't want competition by Anonymous Coward · · Score: 5, Interesting

      True story: a neighbor's house is set so far back from the road that he has two of his own poles on his property to bring power/telephone to his house.

      Cable company wanted to 'tighten up' a circuitous branch on a dead end street behind his place (ultimately a shorter path for their signal to the end of the street rather than its current long-way-around).

      They called him, asked for right-of-way, he said "sure, a free subscription will be your rent for as long as the cable is there", they weren't cool; "no deal". "Okay, fine, b'bye".

      Days later they showed up, unannounced, started working, told wife to "mind her business" when questioned, wife called him, called cops, called lawyer, called local zoning enforcement, everybody got there, words ensued.

      "he has proven he owns the poles, you're trespassing since they asked you to leave their property and you haven't, you proved previous knowledge of this private property when you first asked them for a right of way, LEAVE NOW BEFORE IT'S TOO LATE" says Captain Cop.

      Cable lawyers called, "let's be reasonable", "mutual understanding", "thank you but we said no", "you can't impede a public utility", court.

      Judge & Bench Decision: "it's their property and their no means no", cable to pay their court costs and lawyer AND trespassing fines AND emotional distress ("mind her business").

      Would have been cheaper to swallow one installation, generate goodwill, and have their system improved by the shortcut.

    10. Re: Wah wah wah, we don't want competition by Gr8Apes · · Score: 3, Insightful

      Separating the cables from the service is probably the best way to do this.

      --
      The cesspool just got a check and balance.
  2. "Negotiating access" cuts both ways by mrchaotica · · Score: 4, Insightful

    Frontier said companies should be required to negotiation access with the owners if they didn't pay to install the utility poles.

    That sounds like a great model to go to... IF Frontier and AT&T then also have to "negotiate access" with all the property owners of the land their poles are on!

    Pick an aphorism: Goose/gander, pot/kettle, glass houses, "be careful what you wish for," and all that...

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    1. Re:"Negotiating access" cuts both ways by jishak · · Score: 5, Insightful

      I agree. Most if not all utility poles are on municipal grounds with some sort of easement granted to the company using it. It doesn't make sense to let a common carrier use it and then deny access to a competitor if it is not on their land. I think it is fair to make the competitors pay for a share of the installation and maintenance of the utility poles. I think there is similar precedent in that regards with Cell Phone Towers. I think the pricing should be RAND and standardized.

  3. Well past time... by Jawnn · · Score: 4, Insightful

    ...to move to a public utility model for telecom. Government owns and maintains the right-of-way and the copper/glass. Everybody who wants to gets to buy access to it, be it last mile or peerage

    No. Please spare us the tired, "the guvamint will screw it up" argument. It's bullshit. I can show you public utility districts that make their commercial counterparts in the electrical service delivery business look like third-world pretenders. It works as well as it does for one simple reason, the district is beholden to the electorate, not shareholders.

    1. Re:Well past time... by dbreeze · · Score: 2

      The trick is not to fall into either/or traps. There should be availability for both state and private options in all feasible infrastructure services. Maintaining a fair balance of those interests seems to be a task far beyond the will or capabilities of the vast majority of our current representatives, I recommend we remove them and see if a bunch of fresh minds can't handle the job better.

      --
      When the king heard the words of the Book of the Law he tore his robes.2Kings22:11
    2. Re:Well past time... by Xtifr · · Score: 2

      Yeah? And imagine what it would be like if the crossing were run by a private company with financial incentive to discover contraband. We'd have 100% "bend and spread 'em!" I'll take good old-fashioned government incompetence over corporate goons with a financial interest in fingering my bunghole any day!

    3. Re:Well past time... by Trailer+Trash · · Score: 2

      ...to move to a public utility model for telecom. Government owns and maintains the right-of-way and the copper/glass. Everybody who wants to gets to buy access to it, be it last mile or peerage

      No. Please spare us the tired, "the guvamint will screw it up" argument. It's bullshit. I can show you public utility districts that make their commercial counterparts in the electrical service delivery business look like third-world pretenders. It works as well as it does for one simple reason, the district is beholden to the electorate, not shareholders.

      Yeah, we have that model here in Tennessee, and it works well. For electricity.

      You see, the standard that we use for electricity hasn't changed significantly in the last 100 years. Broadband isn't even remotely comparable. The sad reality is that we don't have a good answer as market forces don't work well when there's only one or two providers and government cannot possibly move at the speed necessary to stay updated.

    4. Re:Well past time... by riverat1 · · Score: 3, Insightful

      You're thinking about the Federal Government managing broadband but it's really relatively small local utility districts similar to electrical coops (and maybe the electric coops themselves since they own the poles) that should manage this. Most coops like this serve their customers well since their boards are composed of local members of the coops and they're not out to make a profit. Their whole reason for being is to serve their customers.

  4. Happened over 10 years ago in Lafayette, LA by Woldscum · · Score: 3, Informative

    Happened over 10 years ago in Lafayette, LA. But it was a City vs AT&T and Cable.

    https://en.wikipedia.org/wiki/...

    http://arstechnica.com/tech-po...

  5. Pole Ownership by Feneric · · Score: 4, Interesting

    In most districts I've seen the utility companies don't pay any kind of excise tax or ownership tax on "their" poles. Since they're already getting special treatment as these poles are seen as supporting a public utility, they shouldn't be too surprised to see some strings getting attached to this special treatment.

    1. Re:Pole Ownership by Opportunist · · Score: 3, Informative

      That's basically how it is in many parts of Europe, too. Which led to them finding a way to cooperate surprisingly quickly, there's usually very little resistance if a competitor wants to mount something on "your" pole or tower, simply because they know better than to wake the sleeping dog that our variant of the regulation entity is.

      Every time they wake up, the telcos got whacked REALLY badly. Sadly, they don't wake up too often.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  6. I propose a counter offer.... by jcochran · · Score: 3, Interesting

    Require the "owning" company to move connections, etc., in a reasonable amount of time after being notified. If the connections aren't moved within the legally mandated time, then "ownership" of the pole is transferred to the requesting company. That would prevent the "we don't have time" or "we're going to ignore you" or the other kinds of slimy activities that the owning company would perform in order to handicap their competitor.

  7. Screw Frontier by The-Ixian · · Score: 3, Informative

    I was forced to use Frontier service for a couple of years. I used their DSL service.

    I got 2 or three "cease and desist" letters during this time for exceeding 100GB in a month.

    This was in the 2009-2010 range. Even then 100GB was not hard at all to hit.

    I also gave up trying to ever get any service from them, their tech support was terrible / non-existent. I was having some trouble getting the router that THEY provided me into a bridging mode so that I could use my own firewall. They kept telling me that it was impossible, that "their side" didn't support it.

    After a bit of tinkering on my own, I did get their pos router into a bridging mode.

    --
    My eyes reflect the stars and a smile lights up my face.
  8. Re:Imminent Domain by TangoMargarine · · Score: 3, Informative

    Imminent means "about to happen." (to make matters worse there's also an "immanent," or "existing or operating within; inherent")

    You want Eminent Domain.

    --
    Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  9. Same thing in San Jose by tbird20d · · Score: 3, Interesting

    The same type of thing is happening in San Jose. Comcast and AT&T are working hard to keep Google Fiber out of the Bay Area in California, by denying access to utility poles. I called the Northern California Joint Pole Association (NCJPA) myself to ask them some questions, and they were somewhat flummoxed on the phone. I guess it never occurred to them that helping monopolists protect their turf might tick off the local population.

    1. Re:Same thing in San Jose by Anonymous Coward · · Score: 2, Interesting

      I called the Northern California Joint Pole Association (NCJPA) myself to ask them some questions, and they were somewhat flummoxed on the phone.

      I am not surprised. I believe the NCJPA is primarily a (legal) vehicle that allows the members (PG&E, Comcast, AT&T, etc.) to communicate without clearly running afoul of various other statutes. Lots of member based organizations exist solely to provide such legal cover. It is highly likely that the people you can talk to do not know all the details about how the NCJPA members can exclude others from joining (which is the issue in NorCal).

  10. Re:In before "innovative" political solutions.... by ColdWetDog · · Score: 2

    Or a more current example

    http://www.robertpeterson.org/...

    --
    Faster! Faster! Faster would be better!
  11. AHEM by bmo · · Score: 5, Insightful

    Towns and cities have the absolute right to let "third parties use your poles" because your poles exist in the public right-of-ways like along roads, sidewalks, and the municipalities grant you easements over people's property, because they see poles as a public good.

    This business of using the public for your private profit and then whining about it when you have to abide by rules made by the public, is poor judgement at best. It's whining. The briefs themselves are subterfuge because they ignore the right of the public to regulate pole use.

    So stop lying, Frontier and AT&T and get with the fucking program and let competition on "your" (ours, really) poles.

    Dipshits.

    --
    BMO

  12. They're half right by Spazmania · · Score: 3, Insightful

    Frontier and AT&T are half right: no one should be allowed to tamper with the existing attachments without notifying the company who owns those wires and giving them reasonable opportunity to act. That way lies chaos and disruption.

    They're dead wrong about the "negotiate access" thing though. Those utility poles are in public right of ways. The public has a right to use them under common carriage rules whether their "owners" like it or not. If the utilities don't like it, the localities can and should take them over for public use same as the roads.

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  13. Re:In before "innovative" political solutions.... by bmo · · Score: 2

    If you look in the background, the T in DENTAL is obscured so it looks like DENIAL

    That picture is just so /perfect/.

    --
    BMO

  14. Revoke all access by somenickname · · Score: 3, Insightful

    AT&T doesn't own any of the land that the poles are on. These local governments should threaten to use imminent domain to reclaim the poles and then lease them back to AT&T and anyone else who wants to use them. Basically, force AT&T to play nice or make them pay for the privilege of their monopoly.

    A similar situation is playing out in the very sparsely populated area where I live: Centurylink has decided that it's not profitable to service my area so, they refuse to do any new DSL installations. Large expensive homes are built only to find that, at best, they are stuck on satellite internet and, at worst, will have no internet connection at all (cell phones don't work here so, that's not an option). Homes that Centurylink has previously serviced are being sold to new owners only to find out that Centurylink won't *re-install* an internet connection for the new owners. Since Centurylink owns all the poles and refuses to service the area anymore, the situation will never improve unless the local government intervenes.

    The problem is that the local governments are either clueless or corrupt (frequently both I would imagine). My neighbor is literally the state senator for my area and when I've brought up the issue with him (in person), he considers it to be so low priority that he gives me some meaningless platitude and changes the subject. I don't think he's necessarily in the pocket of Centurylink, I think he just doesn't understand/believe what I'm telling him. He's from the "business can do no wrong" generation so, some nerd half his age must be either over reacting or just plain wrong.

    It's amazing to see our infrastructure stagnate and crumble because the previous generation has sold us out to the highest bidder and doesn't see anything wrong with that.

  15. Re:AT&T come and get your damn pole by Anonymous Coward · · Score: 2, Informative

    The closest pole to me is on my property, and I'm not even an AT&T customer any more.

    In most locations, the right of way to the municipality actually includes a number of feet beyond the edge of the road, and they are the ones that provided the utility with the access. Just because your lawn goes to the curb has never meant you actually had full rights to it.

  16. Comcast has the opposite complaint by evilviper · · Score: 5, Interesting

    Funny, I just read Comcast has the opposite complaint. A local power utility was about to rip down Comcast's lines for failing to pay their pole attachment fees, "which would have killed service for about 7,000 Comcast customers."

    âoeUnfortunately, the utility has been unwilling to compromise and has billed Comcast for arbitrary pole rates that are nearly three times the national average,â said Horwitz. Comcast claimed [the power company is] using their position as a monopoly to gouge customers with high rates.

    If the cognitive dissonance of that last quote doesn't make your head explode, it's a good read:

    http://stopthecap.com/2016/06/...

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    Slashdot gets worse every day... Pipedot: News for nerds, without the corporate slant
  17. AT&T could end up owing huge taxes. by 140Mandak262Jamuna · · Score: 3, Interesting

    If they claim they own the utility poles, then they might own property taxes to the municipalities. Land owners also might demand rent for all the lines over private property. The city could also charge them rent/fee for using public easements and public rights of way.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact