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One Touch Make Ready

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251: 371:(the largest communications labor union in the United States), have argued against One Touch Make Ready proposals on the grounds that the new proposals have the potential to create unsafe working conditions, as well as violate existing labor contracts. In their filing with the Federal Communications Commission on the matter, the union argues that since new attachers would not be required to submit formal applications, this could lead to a situation where existing infrastructure could be damaged by workers who are unfamiliar with the lines. The union further emphasizes that pole owners should be able to conduct a thorough review of the lines before any work can be done. 380: 262:, argue that OTMR policies drastically reduce the cost of adding additional lines, noting that allowing a single crew to work on a line over the course of a single workday, as opposed to multiple crews working on multiple, often non-sequential days, reduces the financial cost of adding additional lines, by decreasing the number of workers needed to install a new line, thereby decreasing the total number of man-hours worked. Further, the FTTHC argues that OTMR policies reduce the traffic disruption caused by the large 170:, and said "Tonight's vote puts Louisville one step closer toward becoming a Google Fiber city." The legislation states that an applicant for attachment must first receive approval from the existing pole owners, at which point it may contract a pre-approved construction crew to perform all make ready work at its own expense. Pole owners and pre-existing providers whose wires were moved may choose to do post-make ready work inspections and call for remedial work if needed, at the new provider's expense. 91:
roadways. In addition, the make ready work can take months, or even years, to complete as every company involved must send out their own approved contractor to move only their respective attachment. Each contractor must also schedule their work to not conflict with other contractors performing Make Ready Work, as well as taking into account other local factors, such as weather, traffic, and maintenance work (such as road paving). These factors must be considered as the United States primarily uses
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case as a related case (Comcast, Doc. No. 1-3); (3) allowing the cases to proceed separately risks inconsistent adjudication; (4) adjudicating parallel cases in the same Court would inevitably require duplicative tasks and duplicative rulings; and (5) both cases are already in the same Court, so consolidation would not require a case to be transferred to a different Court. For these reasons, Defendants propose that consolidation of these cases is in the best interest of the parties and promotes
590:, AT&T argued that the sole authority to regulate utility poles lies with the Federal Communications Commission. The lawsuit sought from the U.S. District Court for the Middle District of Tennessee a permanent injunction against the city, preventing the ordinance from ever going into effect. Notably, the lawsuit differed from the one filed against the city of Louisville in that it did not claim that the state had the power to regulate utility poles. 59: 87:, the existing attachments may need to be moved around so that the pole can be made ready to handle a new attachment or line. This is known as 'Make Ready work.' The reason Make Ready work is necessary is that, under Federal Law, to prevent the risk of outages or other issues, lines on utility poles must be spaced a certain distance apart from each other based on how many lines are on the pole. 232:, Megan Barry, signed into law the city's OTMR ordinance. The ordinance exists under Nashville Law as Ordinance BL2016-343 Notably, throughout the entire process of the debate amongst council lawmakers on the specifics of the bill, Barry remained neutral on the bill's contents, refusing to comment on the bill's status, and only encouraging lawmakers and providers to seek a compromise. 594:
said: "One Touch Make Ready has been litigated in the court of public opinion, and the public overwhelmingly supports this measure designed to speed up the deployment of high-speed fiber in Nashville. Now, we hope that this federal litigation is quickly resolved so that we can get on with the business of expanding access to gigabit Internet throughout Davidson County."
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the deployment of Google Fiber," NES President and CEO Decosta Jenkins said in a statement issued Friday. She further clarified "This is a win for NES, Google Fiber, Nashville and residents who are looking forward to having access to Google Fiber." As part of this settlement, NES dropped its pending lawsuits against Google and the city of Nashville.
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the Council's computer systems were down. On September 20, 2016, Councilwoman Tanaka Vercher, a critic of the bill, proposed a resolution that would delay voting on the bill for two Council meetings. This resolution was defeated 26–12. A few hours later, the City Council passed the OTMR bill via voice vote. After the vote, Nashville Mayor
677:, as well as other internet providers. According to the court filing, the declaratory judgment is meant to clarify NES's rights and obligations. The company also stated that it had received a letter from AT&T, threatening to sue them if they complied with the law. In response to the lawsuit being filed, Nashville Mayor 190:, adopted broad new guidelines which included many of the fundamental principles of One Touch Make Ready legislation. The standards include specific requirements for OTMR, and include what needs to happen before, during and after the process. The 128-page standards are far more detailed than the legislation passed by 302:(ALEC), along with several lobbying groups, have critiqued the proposal. In addition, the measure has received extremely vocal opposition from cable and telephone providers, mainly AT&T and Comcast, who together have thus far filed lawsuits against every city which has successfully passed OTMR ordinances. 564:
On October 6, 2016, Attorneys for Google Fiber filed a court briefing that, if approved, would allow the company to assist in defending against the suit. In their filing, they claim the ordinance is: "a valid exercise of Louisville Metro's unquestioned authority to manage construction activities in
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According to the Federal Communications Commission in 2016, under current regulatory statutes, localities that reside in states which have forfeited their right to self-regulate their utility poles to the federal government are unable to implement One Touch Make Ready legislation in its current form.
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OTMR ordinance is unique in that it requires a company that has reached an agreement to install a new line on a pole to give every company already on the pole 30 days' notice to move their equipment. If those companies have not moved their equipment within 30 days, then the company installing the new
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On October 26, 2016, Comcast filed a lawsuit in federal court against the Metro Government of Nashville over the city's One Touch ordinance. Comcast, like AT&T, sought a permanent injunction to prevent the ordinance from going into effect. In response to the filing, Nashville Mayor Megan Barry
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filed a briefing in federal court asking to join AT&T as plaintiffs in the case. In their briefing, Frontier argued that, even though they do not serve the state of Kentucky, the ordinance's "unprecedented scope" could set a precedent that could harm Frontier's business in the future. Frontier
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The standards go on to lay out technical provisions, administrative procedures, as well as various specific provisions for both wired and wireless utility pole attachments. They incorporate recommendations from the FCC on how best to expand broadband while also addressing safety concerns by working
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In a location which has adopted one touch make-ready, companies that own utility poles must agree on one or more common contractors that have permission to move existing attachments on a pole, allowing a single crew to move all attachments on a pole on a single visit, rather than sending in a unique
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To rectify these issues, several local governments have passed One Touch Make Ready legislation. While specific portions of the statutes vary, all carry a unifying theme that under these laws, certified construction crews chosen either by the pole owners or local governments are allowed to make all
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On February 3, 2017, NES announced that it had reached an out-of-court settlement with Google Fiber, as well as the city of Nashville, over the OTMR policy. In the agreement, "Google Fiber promised NES it would pay any potential damages that result from NES abiding by the ordinance in relation to
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Defendants propose that consolidation is proper because: (1) both cases arrive from substantially similar operative facts and claims and involve similar defenses relating to the Metropolitan Government's enactment of Ordinance BL2016-343; (2) Plaintiff's civil cover sheet in Comcast references this
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began to debate its own One Touch Make Ready Ordinance. The measure, sponsored by Councilman Anthony Davis, was nearly identical to the measure passed by the city of Louisville several months prior. On September 6, 2016, the Nashville City Council Approved the Measure 32–7 on a roll-call vote, as
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voted 23–0 to adopt a One Touch Make-Ready Statute, making it the first city in the country to adopt such legislation. According to city councilman Bill Hollander, who sponsored the legislation "This will help businesses locate here and grow here. It will create jobs, and will retain and attract
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On November 14, 2016, the city of Nashville filed a motion to dismiss the lawsuit, citing that AT&T did not provide information regarding exactly where the local ordinance conflicted with federal law. "The Metropolitan Government determined on a municipal level what approach to rights-of-way
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stated: "We will vigorously defend the lawsuit filed today by AT&T, as Gigabit fiber is too important to our city's future." AT&T responded by stating that the ordinance allowed third parties to seize its property temporarily. In a statement, an AT&T spokesman said: "Unless the court
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Under federal guidelines, Make Ready Work must occur sequentially, meaning that attachments can only be moved in the order with which they were originally placed on the line. This process can create massive delays, as well as other large disruptions in high traffic areas, such as alongside major
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Under the guidelines of the Federal Communications Commission, states are presented with two options for the regulation of their utility poles. They can either pass legislation recognizing the right of the FCC to regulate their utility poles, or states can form their own regulatory agencies and
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On August 16, 2017, US District Court Judge David Hayes rejected AT&T's arguments and threw out the lawsuit. "A one-touch make-ready approach inherently regulates public rights-of-way because it reduces the number of encumbrances or burdens placed on public rights-of-way," Hale wrote. "The
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On October 31, 2016, in response to the lawsuit, the Federal Communications Commission released a statement, which guaranteed that the city's OTMR ordinance does not conflict with federal law. In the filing, the FCC stated that " maintains in its motion for summary judgment that the Louisville
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From a holistic perspective, the Standards seek to balance the competing needs and interests of multiple communications providers to access and utilize CPS Energy Poles, while at the same time recognizing that the core purpose and function of these Poles is for CPS Energy's safe and reliable
1448:"BellSouth Telecommunications, LLC, D/B/A, AT&T, Tennessee versus The Metropolitan Government of Nashville and Davidson County, Tennessee; In her official capacity as Mayor; and Mark Sturtevant, in his official capacity as transitional interim Director of the Department of Public Works" 358:
have argued that OTMR ordinances violate the property rights of corporations to control what happens on their respective lines. They further claim that OTMR ordinances violate federal property law by allegedly allowing any third party to relocate equipment on a pole, without notifying the
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BellSouth Telecommunications, LLC, D/B/A AT&T, Tennessee versus The Metropolitan Government of Nashville and Davidson County, Tennessee; In her official capacity as Mayor; and Mark Sturtevant, in his official capacity as transitional interim Director of the Department of Public
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one-touch make-ready ordinance requires that all necessary make-ready work be performed by a single crew, lessening the impact of make-ready work on public rights-of-way." Hale also ruled that FCC guidelines do not apply in Kentucky, as the state exempted itself from those laws.
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distribution and delivery of electric services to CPS Energy customers. Hence, any use of CPS Energy's Poles must at all times ensure the continued operational integrity, safety, and reliability of CPS Energy's Facilities, electric services, personnel and the general public.
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equipment's owners, unless the third party believes there will be a service outage. However, so far, all cities which have successfully passed OTMR ordinances have included provisions which mandate that only contractors approved by the pole's owners may work on the lines.
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On November 10, 2016, Ken Sharp, the federal judge overseeing the case, approved the request to merge the lawsuits. He also granted an extension to the city's deadline to file a response to the initial filing of the lawsuit, extending their deadline to November 14.
669:. At the time, NES owned 80 percent of the utility poles in Nashville. After filing the lawsuit, a spokesman for the company said the OTMR ordinance forces the company to choose between complying with the new law or its existing contracts with 553:'s Director of National Deployment and Operations stood by the city, stating: "Google Fiber stands with the city of Louisville and the other cities across the country that are taking steps to bring faster, better broadband to their residents." 681:
stated: "We believe in One Touch Make Ready and look forward to defending its legality. Our focus is simply on providing services to our citizens, who have expressed their desire for those services through their elected representatives."
318:. To back this up, they cite federal pole attachment rules, which mandate the Federal Communications Commission, not local municipalities, regulate telecommunications poles. However, on October 30, 2016, in response to the case 533:, AT&T argued that the city's One Touch Make Ready ordinance violated state and federal law. In the 11-page filing, AT&T asked a federal judge to clarify that the power to regulate pole attachments lies solely with the 388:
maintain their right to self-regulate their utility poles. As of 2016, thirty states have turned over regulatory power to the FCC, while the remaining twenty states have maintained their right to self-regulate. All
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line can perform the complex make-ready work themselves. If that work causes any errors or problems, the companies already on the pole can recoup expenses caused by those errors from the company that did the work.
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Charter's lawsuit also hinges on the argument that their right to "speak" as a corporation is being violated, however, Charter's lawyers did not specifically reference any infringement by the local government.
585:, less than 24 hours after the city had passed its One Touch Make Ready Ordinance. At the time, AT&T owned approximately 20% of the utility poles within the Nashville Metro area. In the lawsuit, titled 597:
On October 31, 2016, Nashville Metro filed a request with a federal judge to consolidate the two lawsuits. In the filing, attorneys representing the city argued for why the cases should be consolidated:
342:'s expansion within their respective cities. ALEC further contends that cities are willing to spend millions of taxpayer dollars to defend legislation in court that they see as only a way to appease 1401: 1682: 569:
Ordinance conflicts with, and is therefore preempted by, the federal pole-attachment rules promulgated by the Commission under Section 224. That argument is wrong as a matter of law."
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rights, specifically over what is referred to as the "Taking's Clause." The takings clause states that "... private property be taken for public use, without just compensation."
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declares the ordinance invalid and permanently enjoins Louisville Metro from enforcing it, AT&T will suffer irreparable harm that cannot be addressed by recovery of damages."
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and does business in Louisville, filed a lawsuit against the city's Metro Government. In the lawsuit, Charter alleges that the city's OTMR ordinance violates Charter's
861: 75:, a private entity, or any combination of the three. In most cases, the poles are owned by a private entity, like a local incumbent phone company or electric company. 719: 1803: 1798: 1205: 616:
management would best serve local needs, and enacted an ordinance that aligns with and supports federal policy," Nashville's filing supporting the motion said.
205: 1705: 1094: 1424: 250: 1068: 1783: 1117: 1813: 1659: 1017: 750: 665:(abbreviated NES), which is one of the twelve largest public electric utilities in the United States, filed a lawsuit against the Metro Government of 1329: 945: 565:
public rights-of-way." Further, the attorneys argued that the ordinance would "enhance public safety while reducing disturbance and congestion."
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After a federal judge threw out AT&T's lawsuit against the city of Louisville, it was revealed that Charter's lawsuit would be unaffected.
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and several lawmakers, have argued that OTMR policies create and encourage competition, as they can theoretically allow any outside
389: 338:, have criticized the policy as a blatant attempt by local officials to "bend over backward" to ensure the continued support of 1633: 1378: 1040: 1174: 194:
a few months prior. This is mainly due to CPS being an electric company. The Introduction of the standards states:
662: 311: 183: 72: 1751: 920: 379: 145:. Numerous other cities are in various stages along the process of implementing the One Touch Make Ready system. 1611: 647: 322:, the Federal Communications Commission stated that states which have opted out of the FCC guidelines (including 279: 838: 383:
States where One Touch Make Ready can legally be implemented, according to the Federal Communications Commission
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The twenty states which maintained their right to self-regulate, and thus can pass OTMR legislation are:
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our young people and make Louisville broadband ready." These sentiments were echoed by Louisville Mayor
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also noted that they were not paid by AT&T to assist in the suit, nor were they asked about it.
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On February 26, 2016, in an official blog post titled "Standing With Louisville," Chris Levendos,
314:(NES), have argued that the regulation of telecommunications poles falls under the purview of the 1683:"NES Takes legal action over controversial one touch make ready ordinance backed by Google Fiber" 785: 581:
On September 22, 2016, AT&T filed a lawsuit in federal court against the Metro Government of
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Across the United States, utility poles in a given area may be owned by the local government, a
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used by the overwhelming majority of utility pole maintenance companies in the United States.
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As of August 2017, only three cities in the United States have One Touch Make Ready statutes:
1141:"Comments of the Communications Workers of America to the Federal Communications Commission" 1069:"How municipalities are placing taxpayer money at risk with one touch Make Ready Ordinances" 604: 475: 35: 83:
Before an Internet Service Provider (or any company) can add a new attachment or line to a
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On June 29, 2017, it was revealed through court filings that the case, officially titled
720:"In Depth on Pole attachments, "One Touch Make Ready" and what's going on in Louisville" 646:
would be going to trial. The trial is set to be overseen by U.S. District Senior Judge
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Numerous groups have criticized OTMR since its implementation in several cities. The
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BellSouth Telecommunications LLC vs. Louisville/Jefferson County Metro Government
678: 420: 222: 644:"Insight Kentucky Partners versus Louisville/Jefferson County Metro Government" 104:
the necessary changes to a utility pole to make it ready for a new attachment.
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to allow a single construction crew to make changes to multiple utility wires.
1660:"AT&T loses lawsuit in which it tried to thwart Google fiber Construction" 893: 470: 415: 187: 1330:"Frontier teams with AT&T to block Google Fiber Access to Utility poles" 440: 1232:"AT&T sues Louisville over utility pole law adopted for Google Fiber" 460: 445: 435: 425: 410: 323: 287: 31: 674: 670: 518: 495: 1402:"Judge throws out AT&T suit against city's Google Fiber Proposal" 810:""One Touch" Make-Ready Policies: The "Dig Once" of Pole Attachments" 485: 405: 343: 166:, who stated that it would help lay the groundwork for entities like 1307:"Why this company is throwing its weight behind AT&T's lawsuit" 1517:"Fiber Wars: Metro moves to consolidate AT&T Comcast Lawsuits" 450: 430: 378: 258:
Supporters, such as the Fiber to the Home Council (FTTHC) and the
249: 1095:"FCC: Louisville's one touch policy doesn't violate federal law" 952:. Nashville Local Government. September 21, 2016. Archived from 490: 480: 204:
into the guidelines various safety standards recommended by the
1018:"Nashville gives final approval of Google Fiber One Touch Plan" 985:. Nashville Local Government. September 6, 2016. Archived from 525:'s utility poles) filed a lawsuit in federal court against the 1206:"AT&T sues Louisville Metro over One Touch Fiber proposal" 1589:"Charter like AT&T sues Louisville to stall Google Fiber" 1494:"Comcast sues Nashville to halt rules that help Google Fiber" 1450:. The US District Court for the Middle District of Tennessee 841:. The Institute for Local Self-Reliance. September 9, 2016 286:, thus leading to a breakup of the various local internet 657:
Nashville Electric Service vs. Nashville Metro Government
1768: 1379:"AT&T's Utility pole claims are rebutted by the FCC" 326:) are not subject to the Federal Pole Attachment rules. 260:
National Cable and Telecommunications Association (NCTA)
1706:"NES strikes deal with Google Fiber, dismisses lawsuit" 1425:"Judge rejects AT&Ts challenge to Louisville's law" 753:. Next Century Cities. February 1, 2017. Archived from 1540:"Judge merges AT&T Comcast Lawsuits against Metro" 923:. The Institute for Local Self-Reliance. June 28, 2017 812:. Next Century Cities. January 6, 2016. Archived from 778:"47 CFR 1.1420 - Timeline for access to utility poles" 620:
Charter Communications vs. Louisville Metro Government
1471:"AT&T sues Nashville over Google Fiber One Touch" 1173:
Miser, Benjamin; Griffiths, John (October 31, 2016).
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Metropolitan Council of Nashville and Davidson County
921:"One Touch Make Ready: In three cities and counting" 1016:Garrison, Joey; McGee, Jamie (September 20, 2016). 1634:"Court Filing #36 on Case 3:16-cv-00625-CRS-CHL" 1353:"Fiber comes to city's defense in AT&T suit" 541:. In response to the lawsuit, Louisville Mayor 310:Opponents, including AT&T, Comcast, and the 1139:Goldman, Debbie; Thorn, Brian (June 15, 2017). 577:AT&T/Comcast vs. Nashville Metro Government 196: 1041:"Nashville Approves One Touch Make Ready Plan" 839:"Nashville One Touch Make Ready Moves Forward" 1118:"CWA: FCC should reject One Touch Make Ready" 1011: 1009: 1007: 862:"Google Fiber Measure passed over objections" 722:. Fiber Broadband Association. March 16, 2016 206:Occupational Safety and Health Administration 8: 1175:"Statement of Interest of the United States" 745: 743: 741: 739: 737: 804: 802: 714: 712: 710: 108:crew to move each attachment sequentially. 62:Standard utility pole in the United States. 1284:"Google Fiber is standing with Louisville" 940: 938: 1067:Hauenschild, Jonathan (August 10, 2016). 915: 913: 911: 1039:Baumgartner, Jeff (September 21, 2016). 976:"Roll Call Vote for Bill NO. BL2016-343" 513:AT&T vs. Louisville Metro Government 57: 1582: 1580: 1563:"Metro Files Motion to Dismiss lawsuit" 1168: 1166: 1164: 1062: 1060: 1058: 706: 1381:. Wireless Estimator. November 2, 2016 887:"CPS Energy Pole Attachment Standards" 833: 831: 290:which exist across the United States. 1804:Local government in the United States 1799:Public utilities of the United States 1769:American Legislative Exchange Council 1752:The Institute for Local Self-Reliance 1515:Kennedy, Eleanor (October 31, 2016). 1469:Garrison, Joey (September 22, 2016). 1253:Levendos, Chris (February 26, 2016). 1204:Bailey, Phillip (February 26, 2016). 1073:American Legislative Exchange Council 881: 879: 860:Bailey, Phillip (February 11, 2016). 529:. In the lawsuit, officially titled 356:American Legislative Exchange Council 336:American Legislative Exchange Council 300:American Legislative Exchange Council 7: 228:On September 21, 2016, the Mayor of 1704:Garrison, Joey (February 3, 2017). 1400:Bailey, Phillip (August 16, 2017). 776:Federal Communications Commission. 521:(which owns an estimated 25-40% of 396:must adopt the federal guidelines. 1561:McGee, Jamie (November 14, 2016). 1538:Snyder, Eric (November 10, 2016). 1230:Ottis, Chris (February 26, 2016). 535:Kentucky Public Service Commission 246:Reduced cost, time, and disruption 225:, stated she would sign the bill. 14: 1814:Telecommunications infrastructure 1784:Communications Workers of America 1681:McGee, Jamie (October 21, 2016). 1492:Brodkin, Jon (October 26, 2016). 1305:Pullman, Baylee (June 29, 2016). 1282:Serchuck, David (March 1, 2016). 1183:Federal Communications Commission 1148:Communications Workers of America 1093:McGee, Jamie (October 31, 2016). 539:Federal Communications Commission 369:Communications Workers of America 316:Federal Communications Commission 1658:Brodkin, Jon (August 17, 2017). 1587:Brodkin, Jon (October 5, 2016). 1423:Davis, Wendy (August 17, 2017). 1351:Ryan, Jacob (October 11, 2016). 556:On June 29, 2016, Attorneys for 390:Territories of the United States 1763:Opposed to One Touch Make Ready 1446:AT&T (September 22, 2016). 1116:Buckley, Sean (June 19, 2017). 129:Implementation in various areas 1542:. Nashville Busisness Journals 628:, a utility company that owns 112:Differences between localities 46:, which require the owners of 1: 1735:The Fiber to the Home Council 1328:Brodkin, Jon (July 1, 2016). 1809:Telecommunications equipment 1729:Support One Touch Make Ready 1639:. ArsTechnica. June 29, 2017 1519:. Nashville Business Journal 1309:. Louisville Busisness first 320:AT&T v. Louisville Metro 95:to perform Make Ready Work. 1286:. Louisville Business First 782:Legal Information Institute 527:Louisville Metro Government 330:Involvement of Google Fiber 26:, and often abbreviated as 1830: 1255:"Standing with Louisville" 663:Nashville Electric Service 312:Nashville Electric Service 153:On February 11, 2016, the 73:municipal electric company 1614:. The Heritage Foundation 661:On October 21, 2016, the 648:Charles Ralph Simpson III 334:Opponents, including the 280:Internet service provider 16:US civil engineering laws 254:An aerial work platform. 558:Frontier Communications 367:Opponents, such as the 216:On August 2, 2016, the 1779:Charter Communications 983:Nashville City Council 950:Nashville City Council 946:"Ordinance BL2016-343" 626:Charter Communications 609: 537:, as well as with the 517:On February 25, 2016, 384: 354:Opponents such as the 350:Rights of corporations 255: 201: 63: 1404:. The Courier Journal 864:. The Courier Journal 600: 382: 270:Increased Competition 264:Aerial work platforms 253: 93:aerial work platforms 61: 42:and utilities in the 992:on February 10, 2017 667:Nashville, Tennessee 624:On October 5, 2016, 583:Nashville, Tennessee 523:Louisville, Kentucky 274:Supporters, such as 230:Nashville, Tennessee 212:Nashville, Tennessee 192:Louisville, Kentucky 159:Louisville, Kentucky 149:Louisville, Kentucky 139:Nashville, Tennessee 135:Louisville, Kentucky 99:One Touch Make Ready 20:One Touch Make Ready 1210:The Courier-Journal 1043:. Multichannel News 282:to lay networks of 1740:2017-08-19 at the 956:on August 19, 2017 816:on August 19, 2017 786:Cornell Law School 757:on August 19, 2017 385: 284:fiber-optic cables 256: 174:San Antonio, Texas 143:San Antonio, Texas 64: 38:passed by various 751:"OTMR Fact Sheet" 630:Time Warner Cable 306:Federal oversight 184:municipal utility 40:local governments 30:) is the various 1821: 1757:Verizon Wireless 1718: 1717: 1715: 1713: 1708:. The Tennessean 1701: 1695: 1694: 1692: 1690: 1685:. The Tennessean 1678: 1672: 1671: 1669: 1667: 1655: 1649: 1648: 1646: 1644: 1638: 1630: 1624: 1623: 1621: 1619: 1612:"Takings clause" 1610:Kmiec, Douglas. 1607: 1601: 1600: 1598: 1596: 1584: 1575: 1574: 1572: 1570: 1565:. The Tennessean 1558: 1552: 1551: 1549: 1547: 1535: 1529: 1528: 1526: 1524: 1512: 1506: 1505: 1503: 1501: 1489: 1483: 1482: 1480: 1478: 1473:. The Tennessean 1466: 1460: 1459: 1457: 1455: 1443: 1437: 1436: 1434: 1432: 1420: 1414: 1413: 1411: 1409: 1397: 1391: 1390: 1388: 1386: 1375: 1369: 1368: 1366: 1364: 1348: 1342: 1341: 1339: 1337: 1325: 1319: 1318: 1316: 1314: 1302: 1296: 1295: 1293: 1291: 1279: 1273: 1272: 1270: 1268: 1250: 1244: 1243: 1241: 1239: 1227: 1221: 1220: 1218: 1216: 1201: 1195: 1194: 1192: 1190: 1179: 1170: 1159: 1158: 1156: 1154: 1145: 1136: 1130: 1129: 1127: 1125: 1120:. Fierce Telecom 1113: 1107: 1106: 1104: 1102: 1097:. The Tennessean 1090: 1084: 1083: 1081: 1079: 1064: 1053: 1052: 1050: 1048: 1036: 1030: 1029: 1027: 1025: 1020:. The Tennessean 1013: 1002: 1001: 999: 997: 991: 980: 972: 966: 965: 963: 961: 942: 933: 932: 930: 928: 917: 906: 905: 903: 901: 891: 883: 874: 873: 871: 869: 857: 851: 850: 848: 846: 835: 826: 825: 823: 821: 806: 797: 796: 794: 792: 773: 767: 766: 764: 762: 747: 732: 731: 729: 727: 716: 605:judicial economy 508:Legal challenges 178:On May 6, 2016, 36:local ordinances 1829: 1828: 1824: 1823: 1822: 1820: 1819: 1818: 1789: 1788: 1765: 1742:Wayback Machine 1731: 1726: 1721: 1711: 1709: 1703: 1702: 1698: 1688: 1686: 1680: 1679: 1675: 1665: 1663: 1657: 1656: 1652: 1642: 1640: 1636: 1632: 1631: 1627: 1617: 1615: 1609: 1608: 1604: 1594: 1592: 1586: 1585: 1578: 1568: 1566: 1560: 1559: 1555: 1545: 1543: 1537: 1536: 1532: 1522: 1520: 1514: 1513: 1509: 1499: 1497: 1491: 1490: 1486: 1476: 1474: 1468: 1467: 1463: 1453: 1451: 1445: 1444: 1440: 1430: 1428: 1427:. Mediapost.com 1422: 1421: 1417: 1407: 1405: 1399: 1398: 1394: 1384: 1382: 1377: 1376: 1372: 1362: 1360: 1350: 1349: 1345: 1335: 1333: 1327: 1326: 1322: 1312: 1310: 1304: 1303: 1299: 1289: 1287: 1281: 1280: 1276: 1266: 1264: 1252: 1251: 1247: 1237: 1235: 1229: 1228: 1224: 1214: 1212: 1203: 1202: 1198: 1188: 1186: 1177: 1172: 1171: 1162: 1152: 1150: 1143: 1138: 1137: 1133: 1123: 1121: 1115: 1114: 1110: 1100: 1098: 1092: 1091: 1087: 1077: 1075: 1066: 1065: 1056: 1046: 1044: 1038: 1037: 1033: 1023: 1021: 1015: 1014: 1005: 995: 993: 989: 978: 974: 973: 969: 959: 957: 944: 943: 936: 926: 924: 919: 918: 909: 899: 897: 889: 885: 884: 877: 867: 865: 859: 858: 854: 844: 842: 837: 836: 829: 819: 817: 808: 807: 800: 790: 788: 775: 774: 770: 760: 758: 749: 748: 735: 725: 723: 718: 717: 708: 704: 692: 659: 634:fifth amendment 622: 579: 515: 510: 505: 377: 365: 352: 332: 308: 296: 272: 248: 243: 238: 214: 176: 151: 131: 119: 114: 101: 81: 79:Make Ready Work 69: 56: 22:(also known as 17: 12: 11: 5: 1827: 1825: 1817: 1816: 1811: 1806: 1801: 1791: 1790: 1787: 1786: 1781: 1776: 1771: 1764: 1761: 1760: 1759: 1754: 1749: 1744: 1730: 1727: 1725: 1724:External links 1722: 1720: 1719: 1696: 1673: 1662:. Ars Technica 1650: 1625: 1602: 1576: 1553: 1530: 1507: 1484: 1461: 1438: 1415: 1392: 1370: 1343: 1320: 1297: 1274: 1245: 1222: 1196: 1160: 1131: 1108: 1085: 1054: 1031: 1003: 967: 934: 907: 875: 852: 827: 798: 768: 733: 705: 703: 700: 699: 698: 691: 688: 658: 655: 621: 618: 578: 575: 514: 511: 509: 506: 504: 503: 498: 493: 488: 483: 478: 473: 468: 463: 458: 453: 448: 443: 438: 433: 428: 423: 418: 413: 408: 402: 376: 373: 364: 363:Union concerns 361: 351: 348: 331: 328: 307: 304: 295: 292: 271: 268: 247: 244: 242: 239: 237: 234: 213: 210: 175: 172: 150: 147: 130: 127: 118: 115: 113: 110: 100: 97: 80: 77: 68: 65: 55: 52: 15: 13: 10: 9: 6: 4: 3: 2: 1826: 1815: 1812: 1810: 1807: 1805: 1802: 1800: 1797: 1796: 1794: 1785: 1782: 1780: 1777: 1775: 1772: 1770: 1767: 1766: 1762: 1758: 1755: 1753: 1750: 1748: 1745: 1743: 1739: 1736: 1733: 1732: 1728: 1723: 1707: 1700: 1697: 1684: 1677: 1674: 1661: 1654: 1651: 1635: 1629: 1626: 1613: 1606: 1603: 1591:. ArsTechnica 1590: 1583: 1581: 1577: 1564: 1557: 1554: 1541: 1534: 1531: 1518: 1511: 1508: 1496:. ArsTechnica 1495: 1488: 1485: 1472: 1465: 1462: 1449: 1442: 1439: 1426: 1419: 1416: 1403: 1396: 1393: 1380: 1374: 1371: 1358: 1354: 1347: 1344: 1332:. ArsTechnica 1331: 1324: 1321: 1308: 1301: 1298: 1285: 1278: 1275: 1262: 1261: 1256: 1249: 1246: 1233: 1226: 1223: 1211: 1207: 1200: 1197: 1185: 1184: 1176: 1169: 1167: 1165: 1161: 1149: 1142: 1135: 1132: 1119: 1112: 1109: 1096: 1089: 1086: 1074: 1070: 1063: 1061: 1059: 1055: 1042: 1035: 1032: 1019: 1012: 1010: 1008: 1004: 988: 984: 977: 971: 968: 955: 951: 947: 941: 939: 935: 922: 916: 914: 912: 908: 896:. May 6, 2016 895: 888: 882: 880: 876: 863: 856: 853: 840: 834: 832: 828: 815: 811: 805: 803: 799: 787: 783: 779: 772: 769: 756: 752: 746: 744: 742: 740: 738: 734: 721: 715: 713: 711: 707: 701: 697: 694: 693: 689: 687: 683: 680: 676: 672: 668: 664: 656: 654: 651: 649: 645: 640: 639: 635: 631: 627: 619: 617: 613: 608: 606: 599: 595: 591: 589: 584: 576: 574: 570: 566: 562: 559: 554: 552: 547: 544: 540: 536: 532: 528: 524: 520: 512: 507: 502: 499: 497: 494: 492: 489: 487: 484: 482: 479: 477: 474: 472: 469: 467: 466:New Hampshire 464: 462: 459: 457: 456:Massachusetts 454: 452: 449: 447: 444: 442: 439: 437: 434: 432: 429: 427: 424: 422: 419: 417: 414: 412: 409: 407: 404: 403: 401: 397: 395: 394:Insular areas 391: 381: 374: 372: 370: 362: 360: 357: 349: 347: 345: 341: 337: 329: 327: 325: 321: 317: 313: 305: 303: 301: 293: 291: 289: 285: 281: 277: 269: 267: 265: 261: 252: 245: 240: 235: 233: 231: 226: 224: 219: 211: 209: 207: 200: 195: 193: 189: 185: 181: 173: 171: 169: 165: 160: 156: 148: 146: 144: 140: 136: 128: 126: 123: 116: 111: 109: 105: 98: 96: 94: 88: 86: 78: 76: 74: 66: 60: 53: 51: 49: 48:utility poles 45: 44:United States 41: 37: 33: 29: 25: 21: 1747:Google Fiber 1710:. 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Retrieved 696:Google Fiber 684: 660: 652: 643: 641: 637: 623: 614: 610: 601: 596: 592: 586: 580: 571: 567: 563: 555: 551:Google Fiber 548: 543:Greg Fischer 530: 516: 398: 386: 366: 353: 340:Google Fiber 333: 319: 309: 297: 276:Google Fiber 273: 257: 227: 215: 202: 197: 177: 168:Google Fiber 164:Greg Fischer 155:City Council 152: 132: 120: 106: 102: 89: 85:utility pole 82: 70: 27: 23: 19: 18: 679:Megan Barry 421:Connecticut 223:Megan Barry 180:San Antonio 122:Nashville's 1793:Categories 1712:August 17, 1689:August 17, 1666:August 23, 1643:August 23, 1618:August 23, 1595:August 23, 1569:August 21, 1546:August 22, 1523:August 22, 1500:August 22, 1477:August 21, 1454:August 21, 1431:August 20, 1408:August 20, 1385:August 20, 1363:August 20, 1336:August 20, 1313:August 20, 1290:August 20, 1267:August 20, 1238:August 20, 1215:August 20, 1189:August 20, 1153:August 21, 1124:August 21, 1101:August 17, 1078:August 17, 1047:August 19, 1024:August 19, 996:August 19, 960:August 19, 927:August 19, 900:August 19, 894:CPS Energy 868:August 17, 845:August 19, 820:August 17, 791:August 25, 761:August 17, 726:August 17, 702:References 501:Washington 471:New Jersey 416:California 288:monopolies 188:CPS Energy 67:Background 441:Louisiana 236:Arguments 117:Nashville 24:One Touch 1774:AT&T 1738:Archived 690:See also 671:AT&T 519:AT&T 476:New York 461:Michigan 446:Kentucky 436:Illinois 426:Delaware 411:Arkansas 375:Legality 324:Kentucky 241:In favor 208:(OSHA). 32:statutes 675:Comcast 496:Vermont 294:Opposed 1234:. WDRB 486:Oregon 406:Alaska 344:Google 141:; and 54:Effect 1637:(PDF) 1359:. NPR 1178:(PDF) 1144:(PDF) 990:(PDF) 979:(PDF) 890:(PDF) 588:Works 451:Maine 431:Idaho 1714:2017 1691:2017 1668:2017 1645:2017 1620:2017 1597:2017 1571:2017 1548:2017 1525:2017 1502:2017 1479:2017 1456:2017 1433:2017 1410:2017 1387:2017 1365:2017 1357:WFPL 1338:2016 1315:2016 1292:2017 1269:2017 1240:2017 1217:2017 1191:2017 1155:2017 1126:2017 1103:2017 1080:2017 1049:2017 1026:2017 998:2017 962:2017 929:2017 902:2017 870:2017 847:2017 822:2017 793:2017 763:2017 728:2017 491:Utah 481:Ohio 392:and 34:and 28:OTMR 182:'s 157:of 1795:: 1579:^ 1355:. 1257:. 1208:. 1180:. 1163:^ 1146:. 1071:. 1057:^ 1006:^ 981:. 948:. 937:^ 910:^ 892:. 878:^ 830:^ 801:^ 784:. 780:. 736:^ 709:^ 673:, 650:. 186:, 137:; 1716:. 1693:. 1670:. 1647:. 1622:. 1599:. 1573:. 1550:. 1527:. 1504:. 1481:. 1458:. 1435:. 1412:. 1389:. 1367:. 1340:. 1317:. 1294:. 1271:. 1242:. 1219:. 1193:. 1157:. 1128:. 1105:. 1082:. 1051:. 1028:. 1000:. 964:. 931:. 904:. 872:. 849:. 824:. 795:. 765:. 730:. 607:.

Index

statutes
local ordinances
local governments
United States
utility poles

municipal electric company
utility pole
aerial work platforms
Nashville's
Louisville, Kentucky
Nashville, Tennessee
San Antonio, Texas
City Council
Louisville, Kentucky
Greg Fischer
Google Fiber
San Antonio
municipal utility
CPS Energy
Louisville, Kentucky
Occupational Safety and Health Administration
Metropolitan Council of Nashville and Davidson County
Megan Barry
Nashville, Tennessee

National Cable and Telecommunications Association (NCTA)
Aerial work platforms
Google Fiber
Internet service provider

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