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Judge Dismisses AT&T's Attempt To Stall Google Fiber Construction In Louisville (arstechnica.com)

Posted by BeauHD on from the better-luck-next-time dept.

An anonymous reader quotes a report from Ars Technica: AT&T has lost a court case in which it tried to stall construction by Google Fiber in Louisville, Kentucky. AT&T sued the local government in Louisville and Jefferson County in February 2016 to stop a One Touch Make Ready Ordinance designed to give Google Fiber and other new ISPs quicker access to utility poles. But yesterday, U.S. District Court Judge David Hale dismissed the lawsuit with prejudice, saying AT&T's claims that the ordinance is invalid are false. "We are currently reviewing the decision and our next steps," AT&T said when contacted by Ars today. One Touch Make Ready rules let ISPs make all of the necessary wire adjustments on utility poles themselves instead of having to wait for other providers like AT&T to send work crews to move their own wires. Without One Touch Make Ready rules, the pole attachment process can cause delays of months before new ISPs can install service to homes. Google Fiber has continued construction in Louisville despite the lawsuit and staff cuts that affected deployments in other cities.

1 of 71 comments (clear)

  1. Re:good by Anonymous Coward · · Score: 3, Informative

    > If Google contractors were operating withing the scope of the law that allows them to move AT-T stuff...

    They _are_.

    > "Oh, we didn't think that would disrupt your business operations" is all it takes for Google to not bother notifying AT-T of the action.

    No, that's not how it works. Read the regulation. Ignorance doesn't shield you from the "reasonableness" test.

    You'll probably be surprised at what Google Fiber is required to tell and pay to ATT. OTMR is a fix for incumbent's pernicious habits of adding _months_ if not _years_ of unnecessary delay to the pole attachment projects of competitors. It's not a shield that permits new players to destroy existing wiring.

    Once you _read_ the OTMR regulations, you'll understand how your arguments here lack foundation:

    http://library.amlegal.com/nxt/gateway.dll/Kentucky/loukymetro/titlexibusinessregulations/chapter116communicationandcabletelevisio?f=templates$fn=default.htm$3.0$vid=amlegal:louisville_ky$anc=JD_116.72

    Read all of 116.72, but pay _particular_ attention to section (D)(2).

    Let me know what part of that regulation permits Google Fiber to come in unannounced, fuck up a competitor's lines, and get away with not paying for the damage. Take special notice at how the guy attaching the new wires _has to pay for the post-work inspection performed by the guy whose equipment was moved_. Reaally burdensome, this regulation is!

    I eagerly await your rebuttal, but I expect that you won't have anything useful to say. :(