West Virginia Rejects Frontier One-Touch Lawsuit; AT&T, Comcast Say Louisville Ruling Doesn't Apply to Nashville

general's office wrote in a Friday motion (in Pacer) in U.S. District Court in Charleston. The one-touch rule “would allow greater and more efficient access to utility poles across the State,” the state wrote in a supporting memo (in Pacer). The governor is protected by sovereign immunity and Frontier failed to establish standing or that the state denied a request for just compensation, a prerequisite to takings or contract-impairment causes of action, West Virginia said. The telco earlier asserted it has standing in the case (see 1708220045). Thursday, the Communications Workers of America and AFL-CIO asked (in Pacer) to intervene, claiming that the one-touch policy “creates a safety and health hazard for CWA members and potentially the public.” Meanwhile at U.S. District Court in Nashville, AT&T and Comcast opposed a request by Nashville to file as supplemental authority the federal court ruling in Louisville that supported a city’s right to make one-touch policy (see 1708210045). AT&T and Comcast are suing Nashville over a similar ordinance. Nashville claimed (in Pacer) the Louisville decision supported its case. But AT&T and Comcast said (in Pacer), “None of the claims that Plaintiffs have raised in this case, and none of the legal defenses asserted by Metro Nashville, are addressed by the Louisville Order.” In Louisville, the court interpreted unique facts and Kentucky state law, the companies said. Unlike Kentucky, Tennessee didn’t reverse pre-empt FCC authority over pole attachments, they said.