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Old 02-26-2016, 06:11 PM   #1
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Default AT&T Sues Louisville To Make City Less Attractive To Google Fiber

AT&T Sues Louisville To Make City Less Attractive To Google Fiber
By Chris Morran February 26, 2016

(frankieleon)
Google hasn’t even decided whether or not it will bring its high-speed Fiber broadband and TV service to Louisville. The Kentucky city is currently listed as merely a “potential” Fiber market. But that hasn’t stopped AT&T from suing Louisville administrators in an effort to make sure that Google will have a tougher time if it chooses to launch there.
Yesterday, AT&T filed a lawsuit [PDF] against the Louisville government over a recently passed ordinance that amends existing city rules about the use of utility poles and rights-of-way to give a new “Attacher” — like, say Google Fiber — the right to rearrange or relocate the existing physical facilities and pole attachments of other communications providers, which basically means AT&T.
If AT&T doesn’t own a pole in question and readjusting the existing AT&T hardware wouldn’t interfere with service, Google wouldn’t need to provide any notice before moving things around.
But if shuffling AT&T hardware around will impact service, Google would need to give 30 days written notice to the telecom giant.
“The Ordinance thus purports to permit a third party… to temporarily seize AT&T’s property, and to alter or relocate AT&T’s property, without AT&T’s consent and, in most circumstances, without prior notice to AT&T,” reads the lawsuit, filed in a federal court in Louisville.
AT&T argues that not having prior notice of these pole adjustments would deprive the company of “the opportunity to assess the potential for network disruption.” The company further contends that if a hardware move does indeed impact AT&T service, it “may be hampered in locating and correcting that trouble” because it did not have any notice about which poles were being worked on.
The lawsuit also points to existing FCC regulations stating that when a utility is prepping to do its new pole attachments, it “shall notify immediately and in writing all known entities with existing attachments that may be affected by the make-ready.” AT&T argues that the FCC rules would also require that it have 60 days after receiving that notice to make its own adjustments before anyone else can touch the AT&T hardware.
There is a catch in the law that does allow states to have different standards regarding pole attachments, but AT&T maintains that only state law — and not a city or county ordinance — has the authority to override the FCC rules.
AT&T is seeking an injunction to prevent Louisville from enforcing the new pole attachment rules, and for the court to declare the ordinance invalid and unenforceable.
“We have filed an action to challenge the ordinance as unlawful. Google can attach to AT&T’s poles once it enters into AT&T’s standard Commercial Licensing Agreement, as it has in other cities,” a rep for AT&T tells Louisville Business First. “This lawsuit is not about Google. It’s about the Louisville Metro Council exceeding its authority.”
Of course, there isn’t exactly a horde of bandit broadband and telecom providers looking to string their cables on Louisville utility poles; just Google, and even then that’s only a possibility. So AT&T’s claim that this is “not about Google” rings slightly disingenuous.
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Old 02-26-2016, 06:26 PM   #2
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Default Re: AT&T Sues Louisville To Make City Less Attractive To Google Fiber

So when the Google monkey breaks at&ts service at a random time messing with their stuff without any warning or notice. And att has to spend time and resources tracing that fault, which may go on for an extended time and may impact both residential and business customers, some who need guaranteed uptime...

Who foots the bill, because I would bet my left leg that Google will shrug and say it wasn't their fault.

I'm firmly with att here, it's their equipment, they should be the ones that touch it. Not someone else.
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Old 02-26-2016, 07:53 PM   #3
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Default Re: AT&T Sues Louisville To Make City Less Attractive To Google Fiber

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Originally Posted by root View Post
So when the Google monkey breaks at&ts service at a random time messing with their stuff without any warning or notice. And att has to spend time and resources tracing that fault, which may go on for an extended time and may impact both residential and business customers, some who need guaranteed uptime...

Who foots the bill, because I would bet my left leg that Google will shrug and say it wasn't their fault.

I'm firmly with att here, it's their equipment, they should be the ones that touch it. Not someone else.
No, the law as it stands says they can only rearrange the boxes on the pole, not open them or disable them in any way.
They could make ATT go to each pole and move the boxes themselves since the city owns the poles.
They could even make att put up their own poles if they decided that google fiber is better for the city than ATT is.
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Old 02-26-2016, 09:09 PM   #4
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Default Re: AT&T Sues Louisville To Make City Less Attractive To Google Fiber

Well in Australia at the moment we have the NBN (National Broadband Network) rolling out. Now if they want access to the infrastructure, ducts and pits, They needed to get permission from Telstra & Optus who own the majority of the copper and cable networks so that NBNCo can use them for their FTTN and HFC networks where FTTP/H will not be rolled out.

I am lucky where I live as in my neighborhood we are getting FTTP/H and the state government owned electricity company has given permission to NBNCo and its contractors to use our power poles to save digging up the footpaths to run the fibre to the utility box.

But yes I agree that ATT should be the one to say who can touch and play with their equipment and infrastructure. If fibre is already in the area then Google should just use that.
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Old 02-27-2016, 11:59 AM   #5
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Default Re: AT&T Sues Louisville To Make City Less Attractive To Google Fiber

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Originally Posted by Technician View Post
No, the law as it stands says they can only rearrange the boxes on the pole, not open them or disable them in any way.
They could make ATT go to each pole and move the boxes themselves since the city owns the poles.
They could even make att put up their own poles if they decided that google fiber is better for the city than ATT is.
from the way you say things like "only rearrange" I can only guess that you've never taken a bunch of equipment in an IT room and "just moved it slightly and had that gone wrong.

or you've never seen the affect of sunlight on wires strung from poles, where the UV tends to make the casings brittle, and where moving them could cause all manner of issues.

Sure ATT can't just say my stuffs there, and it's the only stuff allowed to be there. BUT at the same time. AT&T own that equipment, and those wires, it's their property and nobody else should be touching it.

I guess that is of course unless google are willing to indemnify AT&T against any issues.
and by that I mean a wire exposed to all the elements cracks when they move it, or something is strained, there is a loose connection and all it took was for it to be moved for service to break. and google will pay for all the engineers time to investigate the issues, (from ever team involved) and pay for the engineer who fixes the fault, possibly with new equipment, and of course compensate customers and business...

seems like a massive risk, of course google won't agree to indemnify AT&T, so why should AT&T just let google have free reign with their equipment. especially when a few "accidents" whilst moving would make the AT&T service look pretty bad and generate google fibre a few customers?
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Old 02-27-2016, 01:44 PM   #6
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Default Re: AT&T Sues Louisville To Make City Less Attractive To Google Fiber

Obviously Google is responsible for their actions. I suppose the city can tell ATT they have a week to move all their equipment off city property or it will be removed for them at their expense and they will be fined if they want to hold the city in check.
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Old 02-28-2016, 04:51 AM   #7
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Default Re: AT&T Sues Louisville To Make City Less Attractive To Google Fiber

But that's where it gets even more complicated.

What if an outage is caused by a guy from google dropping a box off of a pole? Pretty straight their fault?

What if they suspend a box from its wires? Seems like it's their fault, but it should be ok,
So if it's not ok, are Google liable if improper strain relief wasn't used from the start? Are Google liable for tha acts of nature (sun, heat and cold extremes) that will degrade the insulators on the wire?

At&t will have a contract with the city, it's really not as easy as the city saying get your crap out of here...

And even if it was, a lot of those customers are going to be happy customers, they want AT&T.

And those that don't want AT&T at least want something more than the nothing that they would get if all AT&T equipment was taken out and then google fibre starts to roll out.

Basically this is a case of poor planning. Multiple providers should have been thought of from the start, not as the case is where huge companies like bell were broken up into a handful of companies each handed a regional monopoly.

City's equipment (the poles) rightly should be for everyone to use. So from the start they should have told AT&T they get to use only a percentage of the pole, and must leave space for competitors.

As it stands, it may be that the only way out of this for all concerned would be for the city to renew poles with bigger poles (ie more space at the top) allowing AT&T to use the space that they are currently using, and create more space for competitors in the market.
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Old 02-28-2016, 05:41 PM   #8
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Default Re: AT&T Sues Louisville To Make City Less Attractive To Google Fiber

Here is the current law:
Bookmark§ 116.72 RIGHTS-OF-WAY MANAGEMENT AND FACILITIES REQUIREMENTS.
(A) Encroachment permit. A franchisee shall be subject to and comply with the additional or supplementary terms and conditions of Louisville Metro’s “Encroachment on Rights-of-Way Permit,” as may be amended from time to time, which is incorporated herein by reference and such provisions and the provisions of said encroachment permit shall be deemed a condition of any franchise.
(B) Additional facilities requirements; planned infrastructure. When a franchisee installs any new underground facilities, the franchisee shall, unless waived by Louisville Metro, simultaneously install conduit provided by Louisville Metro (“Louisville Metro Conduit”). Louisville Metro shall reimburse franchisee for any marginal or additional costs incurred by franchisee in connection with installation of the Louisville Metro Conduit. Louisville Metro Conduit shall be installed in accordance with Louisville Metro specifications and consistent with sound engineering practice. No Communications Franchise Fee shall apply to any Louisville Metro Conduit.
(C) Removal of facilities. Upon expiration of a franchise, whether by lapse of time, by agreement between the franchisee and Louisville Metro, or by forfeiture thereof, the franchisee shall remove, at its sole cost, from the rights-of-way any and all of its facilities that are the subject of such franchise within a reasonable time after such expiration, not to exceed 90 days, and, it shall be the duty of the franchisee immediately upon such removal to restore the rights-of-way from which the facilities are removed to as good condition as the same were before the removal was effected and as required by Louisville Metro. Notwithstanding the foregoing, Louisville Metro may allow facilities to be left in place when Louisville Metro determines in its sole discretion that it is not practical or desirable to require removal.
(D) Relocation of facilities. Whenever Louisville Metro shall in its exercise of the public interest request of the franchisee the relocation or reinstallation of any of its facilities, the franchisee shall forthwith remove, relocate, or reinstall any such property as may be reasonably necessary to meet the request and the cost of such relocation, removal, or reinstallation of the facilities shall be the exclusive obligation of such franchisee. A franchisee shall, upon request of any other person requesting relocation of facilities and holding a validly issued building or moving permit of Louisville Metro, temporarily raise, lower, or relocate its wires or other facilities as may be required for the person to exercise the rights under the permit within 48 hours prior to the date upon which said person intends to exercise its rights under said permit; provided, however, that the franchisee may require such permit holder to make payment in advance for any expenses incurred by said franchisee pursuant to such person’s request.
(E) Franchisee responsible for costs. A franchisee shall be responsible for all reasonable costs incurred by Louisville Metro that are directly associated with the franchisee’s erecting, installing, maintaining, operating, repairing, replacing, removing or restoring its facilities in the rights-of-way. A franchisee shall be responsible for its own costs incurred in removing or relocating its facilities when required by Louisville Metro due to Louisville Metro requirements relating to maintenance and use of the rights-of-way for Louisville Metro purposes.
(F) Insurance and bonds. During the term of any franchise, a franchisee shall obtain and maintain at its sole expense, all insurance and bonds required by this subchapter. Nothing contained in this subchapter shall limit a franchisee’s liability to Louisville Metro to the limits of insurance certified or carried.
(1) Upon being awarded a franchise, Franchisee shall immediately file a Franchise bond in the amount of $1,000,000, and a performance bond in an amount to be determined by the Director of the Department of Public Works and Assets. In no event shall the amount required by the Department of Public Works and Assets exceed the reasonable costs of repairing the rights of way in the event of non-performance by the franchisee. Said performance bond shall provide for the faithful performance of construction and installation of franchisee's system. Two years after demonstration of the completion of the construction of the system by franchisee to Public Works and Assets Department, Public Works and Assets Department shall release the performance bond.
(2) Said performance bond shall indemnify Louisville Metro in its own right and as trustee, from any damages or losses arising out of the failure of franchisee to faithfully perform and satisfactorily complete construction of the system in accordance with this subchapter.
(3) The failure of franchisee to comply with its obligations under this subchapter or the franchise as determined by Louisville Metro shall entitle Louisville Metro to draw against either or both of Franchisee’s performance or franchise bonds .
(4) The rights reserved to Louisville Metro with respect to the performance and franchise bonds required hereunder are in addition to all other rights of Louisville Metro, whether reserved by this subchapter or authorized by law, and no action, proceeding or exercise of a right with respect to such performance or franchise bonds shall affect any other rights Louisville Metro may have.
(5) The performance or franchise bonds required hereunder shall not expire or be materially altered without 30 days written notice and without securing and delivering to Louisville Metro a substitute, renewal and replacement bond in conformance with this subchapter. In the event Louisville Metro does draw monies against the performance bonds required hereunder, within ten days thereafter, franchisee shall pay such funds to the bonding company as necessary to bring said performance and/or franchise bonds back to the applicable principal, where it shall continue to be maintained. The performance and franchise bonds required hereunder shall contain the following endorsements:
“It is hereby understood and agreed that this bond may not be reduced, altered or canceled by Franchisee or Surety without 30 days written notice, by certified mail, to Louisville Metro. Such termination or cancellation shall have no effect on any liability incurred or accrued under this bond prior to the effective date of such termination or cancellation.”
(6) Immediately upon the effective date of the resolution granting a franchise under this subchapter, franchisee shall file with Louisville Metro the following proof of liability insurance issued by a company(ies) authorized to do business in the Commonwealth with an AM Best Rating of A- or better:
(a) General Liability Insurance , via an occurrence form, covering bodily injury, including death, personal injury and property damage, and including completed operations, contractual liability, independent contractors protective liability and personal injury liability protection. The minimum acceptable limit of liability amount is $5,000,000 per occurrence and aggregate under a combined single limit. This policy must include the Louisville/Jefferson County Metro Government, including its Mayor and Metro Council members, as Additional Insureds as respects all operations of the Insured Franchisee. This policy must cover Metro Government for damages resulting from the transmission of any communication over the cable communications system. The Metro Government reserves the right to make reasonable increases in the required amount of insurance coverage herein at anytime. Nothing herein is intended as a limitation on the extent of any legal liability of the franchisee.
(b) Copyright Infringement Liability insurance covering any alleged infringement of patent or copyright of any other legal infringement in the transmission of materials through the cable franchise system. This coverage may be written as part of the General liability Insurance, or through a stand-alone policy, however, if written separately, it must have a minimum limit of liability amount of $5,000,000 per occurrence and aggregate under a combined single limit and include the Louisville/Jefferson County Metro Government, including its Mayor and Metro Council members, as Additional Insureds as respects all operations of the Insured Franchisee. The Metro Government reserves the right to make reasonable increases in the required amount of insurance coverage herein at anytime. Nothing herein is intended as a limitation on the extent of any legal liability of the franchisee.
(7) Franchisee shall maintain on file with Louisville Metro a certificate of insurance certifying the coverage required under this subchapter, which certificate shall be subject to the approval of Louisville Metro as to the adequacy of the certificate and of the insurance certified under the requirements of this subchapter. Metro may at its sole discretion require a certified copy of the insurance policy(s) required under this subchapter, specifically endorsed to include all liability assumed by franchisee hereunder. Such policy(s) and certificate shall be identified on their face by the name of franchisee, and shall be submitted to Louisville Metro, in accordance with the terms and conditions of this subchapter. Failure to maintain adequate insurance as required under this subchapter shall be deemed a breach of the franchise.
(8) Metro Louisville reserves the right to make increases in the amount of insurance coverage referred to in this section at any time.
(G) Permits. Prior to performing any construction or installation work in the public rights-of-way, franchisee shall apply to the Public Works and Assets Department for a permit, and shall include descriptive information about the specific location of any lines, facilities, boxes, or related equipment. All terms and conditions of the permit application shall apply and be adhered to.
(1) Franchisee shall furnish detailed plans of the work to be done within the public rights-of-way and provide other such information as required by Louisville Metro.
(2) Franchisee shall coordinate any construction work within the public rights-of-way with the Public Works and Assets Department and shall begin construction work only after approval of the Public Works and Assets Department.
(3) All permits issued by Louisville Metro shall be conspicuously displayed at all times at the indicated work site and shall be available for inspection by Louisville Metro personnel.
(H) Notification. Franchisee shall notify Public Works and Assets Department, in writing, at least 15 days prior to construction. Such written notification shall contain the location of the construction, the starting date and the estimated completion date.
(I) Underground construction. Except as provided in § 116.72(J), all of franchisee's facilities shall be installed underground and all street crossings installation shall be made by trenchless technology.
(1) Franchisee shall register any and all underground line locations with the local “Before You Dig” or “BUD” office for tracking specific underground line locations.
(2) All backfilling and replacement of pavement shall be done by franchisee:
(a) In accordance with Louisville Metro requirements and all restoration work shall be completed to the same or better condition than found; and
(b) To the satisfaction of Public Works and Assets Department, and, if not acceptable, may be completed by Louisville Metro at franchisee’s expense.
(3) At any time franchisee disturbs the yard, residence, or other real or personal property in Louisville Metro, franchisee shall ensure that the yard, residence, or other personal property is returned, replaced, and/or restored to a condition that is sufficiently comparable to the condition that existed prior to the commencement of the work.
(4) The costs associated with both the disturbance and the return, replacement, and/or restoration shall be borne by franchisee.
(J) Aerial construction. Aerial construction of facilities must be specifically authorized by Louisville Metro prior to construction and located to minimize interference with the other uses of the rights-of-way and other public properties, and interference with the rights and reasonable convenience of property owners whose property adjoins any of the rights-of-way and other public properties. The decision to authorize above ground construction shall be applied in a non-discriminatory manner. If other franchisees have facilities above ground and there is capacity available, above ground installations shall be permitted until such time as all franchisees are required to relocate underground. Aerial facilities shall be moved underground at franchisee’s own cost upon request from Louisville Metro or when other users of the same rights-of-way convert to underground facilities.
(K) Standards. Any work required or performed pursuant to this subchapter shall be done in accordance with federal, state and local law, and the National Electric Code.
(1) In the event that franchisee leases space on the poles or in the conduits of an electric or other utility, franchisee shall abide by the construction and other requirements of said utility, and the granting of a Communications Franchise by Louisville Metro shall not be construed or interpreted in any way to alleviate franchisee’s responsibilities and obligations to the pole or conduit owner.
(2) Franchisee, its contractors, sub-subcontractors and anyone directly or indirectly employed by franchisee, shall conduct such operations so as to promote and preserve the public safety and general welfare of the citizens of Louisville Metro.
(3) All construction, installation or maintenance by franchisee shall be completed with diligence and with respect to all property, contracts, persons, rights and the interests and rights of the public.
(4) During any phase of construction, installation, maintenance, and repair of the system, franchisee shall use materials of good and durable quality and all such work shall be performed in a safe, thorough, and reliable manner.
(L) Traffic. Franchisee’s work in the rights-of-way shall be accomplished with a minimum of disruption and interference to the free flow of vehicular and pedestrian traffic on the public rights-of-way or public land.
(1) Franchisee shall maintain lanes of vehicular traffic in each direction at all times during construction, installation or maintenance activity.
(2) Traffic control devices to protect and control pedestrian and vehicular traffic in any construction, maintenance or installation areas may be prescribed by Louisville Metro in accordance with the Manual on Uniform Traffic Control Devices.
(M) Delay. Louisville Metro required improvements to Louisville Metro rights-of-way shall not be delayed by work authorized by this subchapter.
(N) Special exceptions. Louisville Metro may grant a special exception to the requirements of this subchapter if a franchisee, upon application, demonstrates with written evidence that:
(1) The exception will not create any threat to the public health, safety or welfare;
(2) Franchisee demonstrates that the increased economic burden and the potential adverse impact on franchisee’s construction schedule resulting from the strict enforcement of the requirement actually or effectively prohibits the ability of franchisee to provide Communications Services in Louisville Metro; and
(3) Franchisee demonstrates that the requirement unreasonably discriminates against franchisee in favor of another person.
(4) Any special exceptions shall be granted in a non-discriminatory manner.
(O) Inspections. All construction, installation and operation of franchisee’s system in the rights-of-way are subject to inspection by Public Works and Assets Department.
(P) Repair of sunken pavement over excavation. In case the pavement or the surface of the rights-of-way over any excavation should become depressed or broken at any time within five years after the excavation has been completed and before resurfacing of the rights-of-way, natural wear of the surface excepted, franchisee shall, upon written notice from Public Works and Assets Department, immediately proceed to inspect the depressed or broken area over the excavation to ascertain the cause of the failure. Franchisee shall make repairs to the installation or backfill and have the pavement restored as specified by Public Works and Assets Department, within such time period as may be specified by Public Works and Assets Department. If the pavement is not restored as specified by Public Works and Assets Department within the time period specified by Public Works and Assets Department, and unless delayed by a strike or conditions beyond franchisee’s control, Louisville Metro may cause the work to be done after giving franchisee 24 hours final notice. The cost thereof, including, but not limited to, any inspection costs and administrative overhead incurred by Louisville Metro, shall be assessed against franchisee.
(1994 Jeff. Code, § 116A.03) (Jeff. Ord. 10-2002, adopted and effective 3-12-2002; Lou. Metro Am. Ord. No. 152-2003, approved 8-29-2003; Lou. Metro Am. Ord. No. 277-2007, approved 12-20-2007; Lou. Metro Am. Ord. No. 36-2014, approved 3-19-2014)
Bookmark§ 116.73 MISCELLANEOUS.
(A) Administration of franchise. Louisville Metro shall be responsible for the continued administration of this subchapter and any franchises granted hereunder.
(B) Non-enforcement by Louisville Metro. A franchisee shall not be relieved of its obligation to comply with any of the provisions of this subchapter or its applicable franchise by reason of any failure of Louisville Metro to enforce prompt compliance.
(C) Publication of notices. A franchisee shall be responsible for all costs of publication that may be required with respect to its franchise or any amendments or renewals thereto.
(D) Severability. If any material provision of this subchapter or of any franchise granted pursuant to it is held by a governmental authority of competent jurisdiction to be invalid or unlawful as conflicting with applicable laws now or hereafter in effect, or is held by a court or competent governmental authority to be modified in any way in order to conform to the requirements of any such applicable laws, such provision shall be considered a separate, distinct, and independent part of this subchapter or the franchise, and, to the extent possible, such holding shall not affect the validity and enforceability of all other provisions herein or therein.
(1994 Jeff. Code, § 116A.04) (Jeff. Ord. 10-2002, adopted and effective 3-12-2002; Lou. Metro Am. Ord. No. 152-2003, approved 8-29-2003; Lou. Metro Am. Ord. No. 277-2007, approved 12-20-2007)
Bookmark§ 116.74
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Old 02-28-2016, 05:42 PM   #9
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Default Re: AT&T Sues Louisville To Make City Less Attractive To Google Fiber

Bookmark§ 116.74 TRANSITIONAL PROVISIONS.
(A) Revocation of licenses to use the rights-of-way. Any and all licenses and other authority which: (1) Louisville Metro may have extended to any person prior to the effective date of this subchapter to erect, install, maintain, operate, repair, replace, remove or restore Communications Facilities or provide Communications Services by use of facilities in the rights-of-way in Louisville Metro; and (2) are expressly revocable at the will of Louisville Metro, are hereby revoked and deemed null and void as of 11:59 p.m. Eastern Standard Time on the date which is 90 days after the effective date of this subchapter. Within 90 days after the effective date of this subchapter, any person holding such revocable license or other authority may file an application for a Communications Franchise and, by doing so, shall be deemed granted a temporary license to continue erecting, installing, maintaining, operating, repairing, replacing, removing and restoring Communications Facilities or providing Communications Services by use of facilities in the rights-of-way in Louisville Metro under the same terms and conditions during the pendency of such application. Upon award or denial of the Communications Franchise for which such person applied, all authority under which such person was erecting, installing, maintaining, operating, repairing, replacing, or removing facilities or providing Communications Services by use of facilities in the rights-of-way in Louisville Metro as of the effective date of such award or denial shall be deemed immediately revoked, null and void without further notice as of the effective date of the award or denial of the Communications Franchise.
(B) Existing franchises. No telecommunication franchise previously granted shall be revoked or terminated by this amended subchapter, but the holder of any prior franchise shall be entitled to apply for a new franchise hereunder and shall not be required to pay a new application fee. Upon written request to Louisville Metro such previous franchise holder shall be automatically deemed to have complied with all application and qualification requirements hereunder. Upon grant of a new franchise, the holder of a prior franchise may surrender the prior franchise and receive a pro rata credit for any fees paid under the prior franchise against any costs, bond requirements or charges assessed under the new franchise.
(C) Transitional provisions to be narrowly interpreted. It is the intent of Louisville Metro to apply the provisions of this subchapter to Communications System operators, including local exchange carriers that now occupy or may in the future occupy rights-of-way, except to the extent federal or state law prevents it from doing so.
(1994 Jeff. Code, §116A.05) (Jeff. Ord. 10-2002, adopted and effective 3-12-2002; Lou. Metro Am. Ord. No. 152-2003, approved 8-29-2003; Lou. Metro Am. Ord. No. 277-2007, approved 12-20-2007)

---------- Post added at 05:42 PM ---------- Previous post was at 05:41 PM ----------

Here is the lawsuit: PDF
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Old 02-29-2016, 10:26 AM   #10
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Default Re: AT&T Sues Louisville To Make City Less Attractive To Google Fiber

the law reenforces AT&Ts position.

Quote:
Yesterday, AT&T filed a lawsuit [PDF] against the Louisville government over a recently passed ordinance that amends existing city rules about the use of utility poles and rights-of-way to give a new “Attacher” — like, say Google Fiber — the right to rearrange or relocate the existing physical facilities and pole attachments of other communications providers, which basically means AT&T.
If AT&T doesn’t own a pole in question and readjusting the existing AT&T hardware wouldn’t interfere with service, Google wouldn’t need to provide any notice before moving things around.
your first post says that the city decided that google should be able to come in and mess about with other peoples equipment. without even telling them when and where they will be moving stuff.

Quote:
(D) Relocation of facilities. Whenever Louisville Metro shall in its exercise of the public interest request of the franchisee the relocation or reinstallation of any of its facilities, the franchisee shall forthwith remove, relocate, or reinstall any such property as may be reasonably necessary to meet the request and the cost of such relocation, removal, or reinstallation of the facilities shall be the exclusive obligation of such franchisee. A franchisee shall, upon request of any other person requesting relocation of facilities and holding a validly issued building or moving permit of Louisville Metro, temporarily raise, lower, or relocate its wires or other facilities as may be required for the person to exercise the rights under the permit within 48 hours prior to the date upon which said person intends to exercise its rights under said permit; provided, however, that the franchisee may require such permit holder to make payment in advance for any expenses incurred by said franchisee pursuant to such person’s request.
the law says that if the city want another provider to be able to make us of the poles then they can ask AT&T to relocate equipment and wires as necessary to allow space for another provider, provided that they are given at least 48 hours notice by google. (assuming here that google are the permit holder that want to do works)
and of course that since AT&T will be doing work at the say so of google, google need to pay AT&T to move their stuff.


you see the difference there?

if I was AT&T and I'd signed a contract to provide services based on the premise that nobody could touch my stuff, and that if my stuff needed to be moved, I would move it and be reimbursed for the time and materials taken to move it, then I too would be distinctly unhappy if the city decided that they'd change the contract to "anyone" can mess with your stuff, and they won't even tell you (so no notice at all).

Ahh, yeah, and also that person that's going to be moving your stuff, they just happen to be your direct competitor with the most to gain if your services are suddenly disrupted/slow/unreliable...
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I didn’t fight my way to the top of the food chain to be a vegetarian…
Im sick of people saying 'dont waste paper'. If trees wanted to live, they'd all carry guns.
"The inherent vice of capitalism is the unequal sharing of blessings; The inherent vice of socialism is the equal sharing of miseries."
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