Google Fiber-backed policy not allowed on NES poles, judge rules

A federal judge has determined that the Google Fiber-backed utility pole policy cannot be used on Nashville Electric Service-owned poles, marking a final victory for AT&T and Comcast in their lawsuit against Metro Nashville.

The ruling, by Judge Aleta Trauger, follows another judge’s ruling in November that the One Touch Make Ready ordinance was not allowed on poles owned by AT&T because Metro was pre-empted by federal law. The decision concerning NES-owned poles was not included in that ruling.

The latest ruling affects the majority of Nashville-area poles. AT&T owns about 20 percent of the poles in Davidson County, and NES owns the remaining 80 percent.

AT&T and Comcast filed lawsuits in 2016 against Metro Nashville claiming authority over utility poles belongs to the Federal Communications Commission. Metro Nashville argued it falls under public rights-of-way regulation.

Google Fiber has said in past interviews that it is moving forward with its installation, relying on shallow digging installation techniques called "microtrenching." The company has launched service in several Nashville neighborhoods and in apartment and condo buildings. In November, Google Fiber said it was reviewing the court’s ruling.

Each party will cover its own legal costs, Trauger wrote in the ruling.

Reach Jamie McGee at 615-259-8071 and on Twitter @JamieMcGee_.