Joey Garrison

jgarrison@tennessean.com

A Nashville judge has agreed to consider separate lawsuits from AT&T and Comcast together that were filed against Metro government over the city’s new One Touch Make Ready policy, which was pushed by Google Fiber.

U.S. District Judge Kevin Sharp on Wednesday granted a motion from Metro that sought to consolidate the two cases. AT&T filed suit against Metro in September, one day after the Metro Council approved the new One Touch Make Ready policy, while Comcast did the same last month.

Both lawsuits ask the court to strike down the new ordinance, which overhauled rules governing the city’s utility poles to allow Google Fiber to expedite its gigabit internet into Nashville.

AT&T sues Nashville over Google Fiber 'One Touch' law

In making its request to consolidate the cases, Metro noted that both suits raise similar claims and arrive from the same facts.

Both complaints argue that AT&T-owned utility poles fall under the jurisdiction of the Federal Communications Commission, not cities. The suits further contend the Metro Council lacked authority to regulate Nashville Electric Service poles and that the ordinance violates Comcast's contracts with NES and AT&T.

Sharp recently granted Metro an extension until Monday to respond to AT&T’s complaint

Reach Joey Garrison at 615-259-8236 and on Twitter @joeygarrison.