AT&T has decided not to appeal a federal judge's decision that allows a Google Fiber-backed utility pole policy to be carried out in Louisville, Ky., but said it will continue to pursue its lawsuit against Nashville concerning a similar policy.

A judge determined in August that the city of Louisville has the right to control its public rights-of-way, marking a win for Google Fiber, which had been pushing for what it describes as a more efficient means of adding new fiber infrastructure.

"The Louisville case was decided based on a judge's reading of Kentucky law," said AT&T spokesman Joe Burgan. "The legal issues in the Nashville case are markedly different, and turn on issues of federal and Tennessee law not decided in the Kentucky case. AT&T's positions in the Nashville litigation remain unchanged, and we await the court's ruling."

AT&T and Comcast sued Metro government for approving a utility pole policy last year that allows a contractor to move several cables in one session as opposed to each company moving each individual line at different times. The two companies had opposed the new system and claimed the policy was not under the city's jurisdiction.

In April, AT&T's and Comcast's lawsuit against Nashville lost its presiding judge with the resignation of U.S. District Judge Kevin Sharp in Nashville, and it has since been transferred to U.S. District Judge Victoria Roberts in the Eastern District of Michigan.

Martha Ivester, Google Fiber's Nashville manager, said the company has not begun using the controversial utility pole policy it lobbied for in 2016, called "One Touch Make Ready." In July, the company said it would to do so in the coming weeks and in October, Ivester said implementation is expected by year end.

"We are still moving forward with the plan to implement One Touch Make Ready in Nashville," Ivester said in October. "Litigation has slowed that implementation."

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