AT&T is getting some help from Frontier Communications in its attempt to block Google Fiber's progress in Kentucky.

Further Reading AT&T sues Louisville to stop Google Fiber from using its utility poles

As we reported in February, AT&T sued the local government in Louisville and Jefferson County, Kentucky to stop a new ordinance designed to give Google Fiber and similar companies access to utility poles. Although Frontier has no operations in Kentucky, it submitted a court filing last week supporting AT&T's lawsuit because Frontier is worried such ordinances will come to other states.

AT&T did not ask Frontier for its help, but Frontier's filing said, "the issues raised by the case may have important implications for Frontier’s business and may impact the development of law in jurisdictions throughout the country where Frontier operates."

AT&T's lawsuit, filed in US District Court in Western Kentucky, concerns the Louisville Metro Council's "One Touch Make Ready" ordinance's effect on AT&T-owned utility poles. This type of ordinance is designed to speed up construction of new networks by making it easier for companies to attach wires to poles.

The Louisville ordinance lets companies like Google Fiber install wires even if AT&T doesn't respond to requests or rejects requests to attach lines. Companies could also move AT&T wires to make way for their own wires without notifying AT&T, as long as the work wouldn't cause customer outages. This also limits the number of construction crews needed for pole work, since each provider wouldn't have to send its own workers to move their equipment.

AT&T, which is building its own fiber network in Louisville, claims that the ordinance lets competitors "seize AT&T's property."

Frontier urged the court to consider the nationwide implications of upholding Louisville's ordinance.

"If the challenged Ordinance is upheld, it is likely that Louisville will not be alone amongst cities in enacting such utility-pole-attachment regulation," Frontier wrote. "The Court’s review of the Ordinance as it relates to preemption issues could have a discernible impact on the development of law in this area, which in turn may impact Frontier’s ability to protect its recent investments and other assets and to control the appropriate and efficient use of that property for the benefit of Frontier’s customers." Frontier's recent investments include purchasing Verizon fiber and copper networks in California, Florida, and Texas.

Though cities around the US have rules letting third parties attach equipment to utility poles, Frontier argues that the Louisville rule "is unprecedented" because "it drastically expands the rights of third parties to use privately owned utility poles, giving non-owners unfettered access to [a] utility’s property without the... utility in some cases even having knowledge that such third-party intrusion on its facilities is occurring."

Companies that didn't pay to install the utility poles should have to negotiate access with the owners, Frontier said. Frontier urged the court to deny Louisville Metro's motion to dismiss AT&T's complaint.

Proponents of One Touch Make Ready rules say they make it easier for ISPs to compete against incumbent operators. "By implementing one touch make-ready policies, companies will benefit from less red tape, communities will benefit from less disruption, and everyone will benefit from faster deployment and increased connectivity," says Next Century Cities, a coalition of municipal leaders seeking to promote broadband deployment.