Phillip M. Bailey

Louisville Courier Journal

AT&T filed a lawsuit in federal court Thursday alleging Louisville lacks jurisdiction to allow high-speed Internet service providers such as Google Fiber to install equipment on its utility poles.

The telecommunications giant says it welcomes competition in providing Louisville residents with faster online access but that the so-called "One Touch Make Ready" ordinance passed this month is unlike any other in the U.S. and violates state and federal rules.

"AT&T pursued this course of action because the Metro Council has no jurisdiction to regulate pole attachments," spokesman Joe Burgan said in an interview Thursday. "Because of this, the ordinance is invalid."

High-speed Internet providers are now allowed to install their new equipment on utility poles owned by AT&T and possibly move other companies' installations thanks to the measure, which Mayor Greg Fischer's office supported as a way to lay the groundwork for Louisville's fiber-optics network. The council approved that measure unanimously over objections from AT&T and Time Warner Cable, which lobbied heavily against the proposal.

"We will vigorously defend the lawsuit filed today by AT&T," Fischer said late Thursday evening. "Gigabit fiber is too important to our city's future."

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In the 11-page suit, AT&T asks for a federal judge to clarify that the authority to regulate poles are reserved to the Kentucky Public Service Commission and the Federal Communications Commission.

Claims made in a lawsuit represent only one side of a case.

Ted Smith, the city's innovation chief, told the Courier-Journal this month that Google Fiber was making "very good progress" in assessing whether it can install a fiber-optics network. If installed, city officials have said it could mean Internet speeds around 20 times faster than conventional broadband that tech entrepreneurs and others have said would bring faster times for downloading material, streaming movies, gaming and other activities.

Louisville officials estimate AT&T owns 25 percent to 40 percent of the city's utility poles.

AT&T alleges in the suit that the city ordinance allows third parties to temporarily seize its property without consent and in most circumstances without prior notice. "Unless the court declares the ordinance invalid and permanently enjoins Louisville Metro from enforcing it, AT&T will suffer irreparable harm that cannot be addressed by recovery of damages."

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Burgan said Google Fiber and others could still attach their equipment to AT&T's poles if they enter into their licensing agreement, which he said they have done in other cities.

"This lawsuit is not about Google," Burgan said. "It’s about the Louisville Metro Council exceeding its authority."

For months, AT&T and Google Fiber have been locked in a fierce tech battle for control and access to metropolitan areas and their infrastructure. In response to Google Fiber's planned deployment in Nashville, for instance, AT&T announced it was bringing its own residential high-speed initiative, called GigaPower, to the area.

AT&T says GigaPower is operating in 20 of the largest metropolitan areas in the country and it plans to expand the service to 36 more cities this year, including Louisville.

Reporter Phillip M. Bailey can be reached at (502) 582-4475 or pbailey@courier-journal.com