First Federal Court Ruling on Lawfulness of One Touch Hands Win to Louisville, Loss to AT&T
No law stops Louisville from requiring one-touch, make-ready on utility poles, a district court ruled in a first-of-its class opinion. A Wednesday opinion (in Pacer) rejected an AT&T lawsuit against the city over a policy to make room for new internet infrastructure on utility poles.
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“Louisville Metro has an important interest in managing its public rights-of-way to maximize efficiency and enhance public safety,” wrote U.S. District Court Judge David Hale in Louisville. “Kentucky law preserves the right of cities to regulate public rights-of-way.” The city ordinance allows one third-party contractor to move all incumbent pole riders' equipment in a single go to speed the process of making room for new attachments. AT&T argued the law was pre-empted by state and federal authorities.
AT&T is reviewing the decision and next steps, the company's spokeswoman said. Louisville didn’t comment.