Metro filed a motion Wednesday to dismiss Comcast’s complaint concerning the city’s new One Touch Make Ready Policy, mirroring its response to a similar complaint from AT&T.

At stake in the legal battle are new rules for attaching lines to utility poles, prompted by Google Fiber as the internet provider seeks to accelerate fiber installation in Nashville. The previous system required each existing provider to move lines on a pole before a new cable could be added, a process that could take several months per line and was inhibiting new competitors, according to Google. In September, Metro Council approved the new rules that allow for an approved contractor to move existing lines in one session.

Comcast and AT&T opposed the policy changes and filed lawsuits in federal court arguing the city lacked authority to regulate poles owned by private companies and that the new ordinance violated its contracts with Nashville Electric Service.

NES owns about 80 percent of the city’s utility poles and the remaining 20 percent is owned by AT&T.

In the motion, Metro said it has the authority to regulate public rights of way and that the new policy does not bring “substantial impairment” to NES contracts. Even if it did harm the contracts, the law serves a “significant and legitimate” public purpose, making it reasonable legislation, the filing states.

The city made similar arguments in November in response to AT&T’s claims. U.S. District Judge Kevin Sharp, who is presiding over the case, approved the consolidation of the two complaints, but the city had to respond to each individually.

If the court determines that the One Touch Make Ready ordinance conflicts with federal law, Metro has asked the court to defer to the Federal Communications Commission. The FCC said in a similar lawsuit filed against Louisville, Ky., that the policy aligns with its overall policies meant to improve broadband deployment.

Reach Jamie McGee at 615-259-8071 and on Twitter @JamieMcGee_.

The Tennessean, Thursday, December 1, 2016

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