Cox Communications has filed a lawsuit against Tempe, Arizona, seeking to invalidate new rules designed to bring Google Fiber to the city.

Tempe violated federal law "by establishing a discriminatory regulatory framework" that exempts Google from obligations imposed on similar companies, Cox said in a lawsuit filed Monday in US District Court in Arizona. Tempe created a new license category for "video services providers," which are to be treated differently from cable operators like Cox, the lawsuit said.

Although the Google Fiber network uses fiber optics instead of coaxial cable, pay-TV companies that offer video service over fiber are considered cable TV operators by the Federal Communications Commission.

"Tempe’s bald assertion that Google Fiber is not a cable operator is incorrect," Cox argued. "And based on this incorrect assertion, Tempe’s regulatory scheme allows Google Fiber to provide video programming service to subscribers in Tempe under terms and conditions that are far more favorable and far less burdensome than those applicable to Cox and other cable operators, even though Cox and Google Fiber offer video services that are legally indistinguishable."

Cox argued that Tempe's licensing scheme will exempt Google from various consumer protections related to service standards, consumer information, and billing. "The Google Fiber License imposes no obligation on Google Fiber to comply with the FCC standards regarding customer service, including response times, installation timeframes, and requirements regarding communication with customers and local authorities about the services provided, and when changes in services or rates occur," Cox wrote.

Google also may not have to comply with all emergency alert regulations, Cox wrote.

Cox acknowledged that cities are allowed to negotiate franchises that change from company to company, but it says Tempe cannot exempt a provider that meets the definition of a "cable operator" from regulations that apply to cable operators. Cox asked the court to throw out Tempe's new rules and the license it gave to Google Fiber.

Google Fiber offers both broadband Internet and TV service and is considering whether to bring its service to Tempe. Google is quicker to build in cities that provide favorable regulatory schemes and easy access to utility poles and other infrastructure.

Tempe officials haven't responded to the lawsuit yet, but they defended their decision earlier this year. “While the City can never prevent anyone from bringing a lawsuit against it, the City is confident that its updated ordinance provides the authority to issue a license to Google Fiber and that the proposed license agreement with Google Fiber is lawful and competitively nondiscriminatory within the parameter of federal and state law," Assistant City Attorney Jenae Naumann told The Arizona Republic in July.

It's not uncommon for incumbent cable companies to file lawsuits when a new provider is given more favorable licensing terms. But Cox has not sued Phoenix, which borders Tempe and also approved a license for Google Fiber.

When the Phoenix City Council voted to give Google a license, "Council members stressed the need for fair treatment of existing Phoenix providers Cox Communications and CenturyLink," The Arizona Republic wrote last month. "The council's vote means both will have the opportunity to renegotiate their licenses with the city."

Senior Staff Attorney John Bergmayer of Public Knowledge, a consumer advocacy group, told Ars that "Cities don't have to treat all franchisees exactly the same. And there are good reasons to give breaks to new entrants, as long as they're temporary & specifically designed to encourage competition. But ultimately they all should operate under the same general framework."

Bergmayer said he doesn't know what Cox's likelihood of success in court is. But he said that Tempe officials "probably can't affect Google's obligations under federal law."

Even if Cox loses in court, the lawsuit could force Google Fiber or other carriers to delay construction.

Because Google Fiber is also a broadband provider, it must comply with the FCC's new net neutrality and common carrier rules for ISPs regardless of how its local franchises are set up. Google Fiber is available in parts of Kansas City, Kansas; Kansas City, Missouri; Austin, Texas; and Provo, Utah. Builds are confirmed in Salt Lake City, Utah; San Antonio, Texas; Raleigh-Durham, North Carolina; Charlotte, North Carolina; Atlanta, Georgia; and Nashville, Tennessee. Besides Phoenix and Tempe, Google is considering whether to extend service to several cities in California, Oregon, and Kentucky.