Jamie McGee jmcgee@tennessean.com
Published 1:29 PM EDT Oct 31, 2016
Nashville Electric Service filed a request for declaratory relief with Davidson County Chancery Court in response to the controversial One Touch Make Ready ordinance backed by Google Fiber.
NES, which owns 80 percent of utility poles in Nashville, said the ordinance regarding pole attachments for new providers forces it to choose between complying with the new law or its existing contracts with AT&T, Comcast and other internet providers. The declaratory judgment is meant to clarify NES’s rights and obligations, according to the court filing.
The filing marks the latest turn in the ongoing battle between corporate giants Google, AT&T and Comcast related to the local roll-out of gigabit speed internet. AT&T and Comcast have filed separate lawsuits against Nashville concerning the One Touch Make Ready ordinance, which was approved by Metro Council in September. AT&T has sent NES a letter that “amounts to a threat to sue” NES if it complies with the new ordinance, according to the filing.
“It is in the best interest of our customers and the citizens of Nashville to avoid protracted and costly litigation,” said NES President and CEO Decosta Jenkins. “We look forward to resolving this issue as quickly and efficiently as possible.”
Mayor Megan Barry said Metro backed NES’s decision to take the matter to court and that the additional clarity could end up saving taxpayer money.
“We believe in One Touch Make Ready and look forward to defending its legality,” Barry said in a statement. “Our focus is simply on providing services to our citizens, who have expressed their desire for those services through their elected representatives.”
In their lawsuits, Comcast and AT&T argue that pole attachment regulations fall under the jurisdiction of the Federal Communications Commission when poles are owned by private companies. The complaints also state that the ordinance violates Comcast’s contracts with both NES and AT&T.
Reach Jamie McGee at 615-259-8071 and on Twitter @JamieMcGee_.