Comcast is the second Internet Service Provider (ISP) suing the mayor and metro government of Nashville, Tennessee (pop. 680,000) to stop a new ordinance to give streamline access to utility poles in the city, reports Cnet.com news.

Comcast’s October lawsuit over the Google Fiber-supported One Touch Make Ready ordinance (OTMR) comes on the heels of AT&T's legal action in late September. We wrote about AT&T’s lawsuit shortly after the filing.

Cnet.com reported that most of the utility poles are owned by Nashville Electric Service (NES) or AT&T, but Comcast has wires on many poles and has control over how these wires are handled. “When Google Fiber wants to attach new wires to a pole, it needs to wait for Comcast to move its wire to make room, and this is where the new ordinance becomes controversial.”

Comcast’s lawsuit, filed in U.S. District Court in the Middle District of Tennessee, contends the AT&T-owned poles fall under the purview of the Federal Communications Commission (FCC) and not the city, and that Nashville Metro Council lacked authority to regulate NES poles, according to a story in the Tennessean newspaper.  The telecommunications carrier is asking for a permanent injunction to stop enforcement of the ordinance. 

Comcast reproduces AT&T's argument in Nashville - that the poles are within federal jurisdiction so the city does not have the authority to enforce such an ordinance.

Reverse Preemption In Louisville

AT&T also filed a suit this past spring in Louisville, Kentucky, to stop the city from implementing a similar ordinance. As in Nashville, the city put the policy in place to encourage new entrants like Google by speeding along a cumbersome and time consuming...

This is episode 226 of the Community Broadband Bits Podcast. Joining Christopher Mitchell are Will Aycock and Suzanne Coker Craig. They discuss the situation in Greenlight and Pinetops as well as the importance of connectivity during the recent hurricane. Listen to this episode here.

Suzanne Coker Craig: We just think it's phenomenally important to our town, to really the existence and survival of our town.

Lisa Gonzalez: This is episode 226 of the Community Broadband Bits Podcast from the Institute for Local Self-Reliance. I'm Lisa Gonzalez. As many of our listeners know, in February 2015, the FCC issued an order that preempted restrictive state laws in Tennessee and North Carolina. The FCC's order allowed Greenlight, the municipal network developed by Wilson's electric utility, to expand its Internet access, telephone and video services outside of Wilson County. Pinetops, a small community of about 1300 residents, was connected soon after the FCC ruling and the community, its businesses and residents, finally received the high quality connectivity they needed to step into the 21st century. This last August, the order was reversed by the 6th Circuit for the US Court of Appeals. Wilson had to stop offering service to Pinetops or risk losing the exemption to the state law. In other words, stop serving Pinetops or the state would shut them down completely. In this interview, Chris talks with Will Aycock, Greenlight's General Manager, and later, Suzanne Coker Craig, a Pinetops business owner and town commissioner. Will describes a situation in the area, especially since the onset of Hurricane Matthew, which has hit Pinetops hard, and how Wilson found a way to continue to help its neighbor. Suzanne describes what it was like before the community had high quality services from Greenlight. She also describes how important the services are for the town, and how Greenlight has gone above and beyond to help the people of Pinetops. Now, here's Will Aycock, General Manager of Greenlight, and Suzanne Coker Craig, Pinetops' Town Commissioner and local business owner.

Christopher Mitchell: Welcome to another edition of the Community Broadband Bits Podcast. I'm starting off today talking with Will Aycock, General Manager of Greenlight, the municipal fiber...

This is episode 224 of the Community Broadband Bits Podcast. ILSR research associate and MuniNetworks.org writer, H.R. Trostle, joins the show to discuss the recent report on North Carolina's connectivity and the importance of cooperatives. Listen to this episode here.

H.R. Trostle: The telephone cooperative are very used to serving these very sparsely populated rural areas in North Carolina. That's what they were designed to do. That's why they were made.

Lisa Gonzalez: This is episode 224 of the Community Broadband Bits Podcast from the Institute for Local Self-Reliance, I'm Lisa Gonzalez. Recently, we released a report focusing on the availability of high-quality Internet access in North Carolina. H.R. Trostle, a research associate at the Institute and one of our authors on MuniNetworks.org, analyzed data from several different sources and she's talking to Chris this week to discuss her conclusions. She and Chris, who co-authored the report with her, discovered that municipal networks and cooperatives have an important role to play in North Carolina. Take a few minutes to check out the report and check out the detailed maps that show the results of their analysis. The report is titled North Carolina Connectivity: The Good, The Bad, and The Ugly. It's available at ILSR.org and MuniNetworks.org. Now here are Chris and H.R. Trostle, from the Institute for Local Self-Reliance, discussing in detail their recent report and their findings on Internet access in North Carolina.

Christopher Mitchell: Welcome to another edition of the Community Broad Bits Podcast. Coming to you live today from the Institute for Local Self-Reliance offices in Minneapolis, with H.R. Trostle, the co-author of our new report on North Carolina. Welcome to the show.

H.R. Trostle: Thanks Chris, it's great to be here.

Christopher Mitchell: Hannah.

H.R. Trostle: Hi.

Christopher Mitchell: I thought we would start with a broad overview of what did the report cover.

H.R. Trostle: The report covered everything from electric...

In our last Community Broadband Bits podcast, Christopher and I discussed the August 10th U.S. Court of Appeals for the Sixth Circuit decision to reverse the FCC’s February 2015 ruling against state barriers. We mentioned Harold Feld’s article about the ruling posted on his website. In keeping with most matters of importance in the municipal Internet network field, Harold expertly sums up the history of the case, the arguments, and what the outcome could mean for the future.

Feld gets down into the crux of the argument that won over the three judges in the Sixth Circuit - the need to establish if it is states or federal agencies that make the decisions regarding whether or not local governments can provide telecommunications.

Determining the answer was a multi-step process and Feld explains how the FCC came to the conclusion that they had the authority to preempt the laws and the states' arguments against it. This was, after all, a test case and Feld describes why the FCC chose Chattanooga and Wilson.

Read more on Feld’s Tales of the Sausage Factory, where he speculates on how the big incumbent providers will react to their win and what is next for municipal network advocates. From Harold:

As with most things worth doing in policy land, it’s disheartening that it’s an uphill fight to get to rational policy. The idea that states should tell local people in local communities that they can’t invest in their own local infrastructure runs against traditional Republican ideas about small government and local control as it does against traditional Democratic ideas about the responsibility of government to provide basic services and promote competition. But that’s how things work in public policy sometimes. We can either give up and take what we get, or keep pushing until we change things for the better.