The Louisville Pole Attachment Lawsuit

There has been a major legislative push lately to make it easier for wireless companies to get onto poles in order to deploy the small cell sites needed for 5G deployment. AT&T and Verizon have been leading the fight for easier access and there have been attempts at both the federal and state level to enact ‘one-touch’ rules. Proposed legislation not only sets a low price for compensating pole owners, but proposed legislation also removes the ability for pole owners or municipalities to slow down wireless deployments.

There is a lot of debate in the industry about the one-touch issue. As I have discussed in various blogs, issues with getting onto poles is still one of the major roadblocks to many fiber deployments. And from the examples cited by the cellular carriers they are seeing huge delays in deploying urban small cell sites.

Like any debate there are legitimate issues to be considered on both sides of the issues. Proponents of one-touch cite the extraordinary costs of wading through the paperwork-heavy pole attachment process as well as the dollar and cents costs of delaying construction projects.

But on the other side are pole owners and current networks hung on wires. Carriers are legitimately worried about safety issues for their technicians if large boxes the size of refrigerators are hung on poles without constraint. They legitimately worry about how such devices could cause problems during repairs from storm damage. And carriers are also worried about network outages if a new attacher is allowed and able to move their wires without their knowledge or permission.

A court decision a few weeks ago might be a first step into putting some clarity to the issue. In that suit AT&T had sued the City of Louisville in order to stop them from passing a one-touch make-ready ordinance. The ordinance was aimed at making it easier for Google Fiber and other competitive providers to get onto poles in the City. The City of Louisville owns most of the poles in the city and the City has been working with Google Fiber to deploy a fiber network to everybody in the City.

You have to let the irony of AT&T’s lawsuit sink in for a minute. This is a company that is spending millions right now lobbying for one-touch rules. AT&T not only wants to deploy small cell sites, but they are also in the process of building a huge amount of fiber to support those sites. And yet AT&T felt compelled to fight against the very kind of ordinance they are promoting because it would help one of their competitors.

It turns out that not all one-touch ordinances are the same. The ordinances that AT&T and Verizon are pushing are crafted very carefully to help them while still not making it quite so easy for their competitors. The Louisville ordinance made it easier for any new attacher to get onto poles, including AT&T.

The US District Court Judge of Kentucky completely rejected all of AT&T’s claims and tossed the lawsuit. The court basically said that all of AT&T’s claims in the suit were false. It’s ironic that many of the issues raised by the City in defense of the suit sound the same as the claims that AT&T makes elsewhere when lobbying for one-touch legislation.

I’ve always said that being in the regulatory department at AT&T has to be the hardest job in our industry. It’s a company that wears too many hats. AT&T owns a huge monopoly landline network and wants to protect itself from competitors. In some markets AT&T is a major pole owner. AT&T is also a huge wireless company that now wants access to poles. And AT&T is a huge builder of fiber, much of it now outside of its monopoly telco territory.

Any regulatory position the company takes to benefit one of these business lines is likely to not be in the best interest of other parts of the company. When looking at the big picture one has to think that AT&T will get far more benefit than harm from one-touch rules. Such rules will make it a lot easier to build more fiber and to deploy cell sites. And yet, a company with this many tentacles in the industry could not restrain itself from filing a lawsuit that probably was not in its own best long-term interest. The monopoly side of the company felt it could not sit back and let a competitor like Google Fiber build without the company taking steps to slow them down.