AT&T is suing the local government in Louisville and Jefferson County, Kentucky, in order to block a new ordinance which should let Google Fiber use the utility poles.
The complaint filed in by AT&T notes that the ordinance of the Louisville/Jefferson County (LJC) holds no ground as it is nullified by the pole attachment regulations of the Federal Communications Commission (FCC).
AT&T points out that the Kentucky law makes the Public Service Commission the only authority able to oversee pole attachments.
"The 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 says.
The company goes on to add that Google may use AT&T's poles as long as it subscribes to the Commercial Licensing Agreement, a move that happened in other locations. AT&T mentions that the lawsuit has nothing to do with Google per se, as it is about a perceived extension of authority from the Louisville Metro Council.
It should be noted that AT&T plans to deploy its own fiber optics network in Louisville.
The ordinance allows companies to re-position AT&T's wires without notification, provided that they do not interrupt AT&T's services.
Policies such as the One Touch Make Ready are destined to accelerate deployments that need to simply move some wires in order to accommodate new ones. Additionally, it permits Google to install wires in spite of AT&T's lack of response to solicitations or even if AT&T rejects Google's request to place new lines.
Another upside of the ordinance is that it should limit the distress caused by new installments. While the former procedure said that each contractor was only allowed to re-position its own equipment, now any crew can do so, provided it keeps the data flow running.
"[The ordinance] will reduce disruption in neighborhoods as Google [...] installs thousands of miles of new fiber-optic cable throughout Jefferson County," WDRB writes.
AT&T has a different take on things.
"[Other contractors] temporarily seize AT&T's property, and alter or relocate AT&T's property, without AT&T's consent and, in most circumstances, without prior notice to AT&T," the complaint reads [pdf].
The majority of poles used for fiber optics networks belong to AT&T or Louisville Gas & Electric.
Greg Fischer, the Mayor of Louisville, firmly backs the deployment of Google Fiber in his city.
We will vigorously defend the lawsuit filed today by ATT; gigabit fiber is too important to our city's future @googlefiber
— Mayor Greg Fischer (@louisvillemayor) February 26, 2016
Louisville is one of the 11 cities where the company aims to implement broadband-ready data networks. By having an additional Internet Service Provider, Louisville citizens could actually receive better services from all the existing networks.
Even if Google refrained from making any official commentary, a blog post addressed the issue.
The company confessed its disappointment at AT&T's efforts to stall the broadband expansion in Louisville.
The blog post goes on to explain why the ordinance is a good idea in terms of execution times and human resources. Whereas earlier it was required for multiple teams to come and re-position or install wires, now all the work can be managed by one team.
Previously, Time Warner Cable (TWC) also made a plea to city officials, accusing potential disruptions in its services as a consequence of Google Fiber deployment.
The city council rejected both TWC's and AT&T's pleas, but it now seems that Google's victory could be short-lived if AT&T has its way.
