Pole Positioning: AT&T Expects to Sue If Nashville Grants Google's Utility Pole Wish

NASHVILLE, TN — A top AT&T official all but assured Metro would get served with a lawsuit if the council approves a bill backed by Google that would make it easier for the company to roll-out its Fiber service.

At a press conference Thursday, AT&T of Tennessee president Joelle Phillips said "the One Touch Make Ready proposal Google has offered is a proposal that we expect would result in litigation."

AT&T is in court with the city of Louisville already over a similar piece of legislation there, which would allow companies attaching wire to existing utility poles to use an approved third-party vendor to move existing lines. Under current rules, each user is required to move its own lines to make room for the new addition, a process that Google argues is time-consuming and cumbersome.

AT&T says its utility poles are regulated by the Federal Communications Commission and that local governments have no authority. While most of the utility poles in Davidson County are owned by the Nashville Electric Service and wouldn't be subject to AT&T's FCC argument, a significant number are owned by the telecom giant.

AT&T's legal approach lines up with a legal analysis offered by council attorney Mike Jameson who said the ordinance may not be enforceable.

The council bill was scheduled for the crucial second of three votes last week, but was deferred until Sept. 6. A summit earlier this week between Metro officials, AT&T, Google, NES and Comcast led by the mayor's office failed to find a compromise.

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