Judge throws out AT&T suit against city's 'Google Fiber' proposal

A federal judge dismissed AT&T's lawsuit against the city over a measure that Mayor Greg Fischer said will improve high-speed internet access for Louisville residents.

The so-called "One Touch, Make Ready" ordinance gives internet service providers the ability to install and move existing companies' equipment on utility poles in order to boost their networks. It made Louisville a legal battleground in the ongoing telecommunications war between AT&T and Google Fiber over access to metropolitan areas and their infrastructure.

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Judge David J. Hale threw out the case Wednesday saying the city has the right to control its public rights-of-way.

"The city is very pleased with the ruling," said Fischer spokesman Chris Poynter.

Metro Councilman Bill Hollander, a vocal supporter of the measure, said the ruling is "good news for Louisville residents" looking for faster internet speeds.

"'One Touch, Make Ready' is common sense regulation of the public rights-of-way, reducing the traffic and sidewalk disruptions required when multiple crews perform work on the same utility pole," he said.

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The mayor had urged Metro Council to approve the legislation in order to attract Google Fiber to the city. But AT&T and others, such as cable provider Spectrum, argued the city had overstepped its authority.

“This ruling affirms that the citizens of Louisville still have control over the roads and rights-of-way that they own," said Jefferson County Attorney Mike O'Connell. "We believe the decision is well-reasoned and trust it will survive any potential scrutiny."

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The Federal Communications Commission sided with the city, saying pole-attachment regulations do not apply in Kentucky.

AT&T spokesman Joe Burgan said the company is reviewing the judge's decision and potential next steps.

This year, Google Fiber announced it has begun building in Louisville. AT&T announced in February it was expanding its fiber-optics network into parts of Southern Indiana four months after it had launched its ultrafast internet service in parts of Louisville Metro.

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