FCC Supports Google Fiber, Louisville in Utility Pole Fight The FCC has thrown its support behind Google Fiber's attempts to reform utility pole attachment rules. In a filing this week (pdf) made in Kentucky court, the FCC argues that Louisville's attempt to pass "one touch make ready" utility pole reform rules does not conflict with federal law as incumbent ISPs like AT&T have claimed. Under these rules, being pushed by Google Fiber in many markets, a licensed, insured contractor would be allowed to move any ISPs gear (often a matter of inches) as long as the ISP is notified fifteen days in advance.

Both AT&T and Comcast have sued both Nashville and Louisville for passing such rules, arguing that they'll dramatically increase service disruptions, and that the local governments are over-stepping their legal authority. Incumbent ISPs have also tried to claim such rules violate their Constitutional rights. "Historically, restrictions on access to utility poles have been a significant impediment to the deployment of competitive telecommunications services," notes the FCC. And the agency claims cities are well within their rights to try and do something about it, with city-level reform being consistent with telecom law provided the state in question opted out of federal guidelines (Kentucky did). "BellSouth maintains in its motion for summary judgment that the Louisville Ordinance conflicts with, and is therefore preempted by, the federal pole-attachment rules promulgated by the Commission under Section 224," the FCC says in its filing. "That argument is wrong as a matter of law. The federal pole-attachment regulations do not apply in Kentucky because Kentucky has filed a certification invoking reverse-preemption under Section 224(c) and has thereby opted out of the federal pole-attachment rules," the FCC adds. Under the current system, each individual ISP has to move its own gear once a request by a competitor is submitted. ISPs have long been accused of using this process to dramatically slow competitor builds, and the issue can be compounded if a competitor like Google Fiber needs multiple ISPs to move their gear. Google Fiber has noted this has created a massive work backlog in places like Nashville as ISPs intentionally stall on compliance. For example, of the 88,000 poles that Google needs to attach fiber to in Nashville, the company notes that around 44,000 require "make ready" work. But as it stands, only 33 posts have been adequately prepared. Google Fiber has all but explicitly stated that companies like AT&T do this intentionally to slow the arrival of a competitor that will force it to compete on speed, and price. Google (which has also been lending legal support to Louisville after it was sued by AT&T) was quick to applaud the FCC's support. "We're pleased to see that the Federal Communications Commission this morning filed a supportive statement in the Kentucky court with regard to the AT&T lawsuit over One Touch Make Ready, a common sense measure passed by Louisville earlier this year to bring superfast Internet to residents more safely and quickly," Google Fiber said in a statement to DSLReports.com "We fully support the FCC's conclusion that there is no conflict between the federal pole attachment regulations and the principles of OTMR." While Google Fiber recently said it's While Google Fiber recently said it's pausing some of its potential builds as it consider pivoting to wireless (in part thanks to these utility pole logjams), the city of Louisville won't be impacted by the strategy shift and the fiber build there will proceed as planned.







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Most recommended from 23 comments



ieolus

Support The Clecs

join:2001-06-19

Danbury, CT 9 recommendations ieolus Member BellSouth I'm more offended that AT&T is using the (former) good name of BellSouth to attempt this obstruction.



Before the SBC scumbags took over BellSouth, the SouthEast was on its way to some excellent FTTH expansions around the region.

Anon04bce

@louisville.edu 7 recommendations Anon04bce Anon Awsome! Excellent argument advanced by the FCC. My fellow Louvillian tech friends have said that AT&T (Bellsouth's) lawsuit wouldn't stand because of the reverse preemption it's so nice to see the FCC weigh in with such a strong letter and rebuke of AT&T's anti-competitive, selfish position.



Telecom Pole attachments in Louisville are dominated buy AT&T, and they pretty much hog the poles. TW/(Comcast) fills in the rest. Since the lawsuit, AT&T has been pulling fiber like mad in Louisville and will have large portions of Louisville covered even before Google Fiber (Access) decides it's first routes. Although I think AT&T's Gigapower offering will simply be FTTC and use GFast on copper from the cabinet to the home. The point being that AT&T doesn't have the competitive disadvantage or AT&T bureaucracy to deal with when putting up it's OWN fiber, but when a competitor request fair access to attach to the same poles, AT&T bureaucracy comes on them like a ton of bricks.

Anon6c5c9

@rr.com 3 recommendations Anon6c5c9 Anon Competition! More competition... lower prices for all customers...Thank you Google Fiber, for coming to Louisville, as competition is a Blessing for the Rich and the Poor. When we allow Competition, we grow, as a Nation...when we deny competition, we inch closer to a Monopoly Society, as when those with the most money, get the best of everything. Thankful America still allows Competition!