Connecticut Muni Broadband Fight May Continue Despite Court Decision
A Connecticut court's municipal broadband decision mightn't end the fight over how cities may use reserved pole space. The Connecticut Superior Court noted the matter “is clearly headed toward higher judicial ground,” as it ruled Tuesday that the Public Utilities…
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Regulatory Authority overreached last year that “municipal gain” space on utility poles or underground ducts -- reserved by a 2013 law “for any purpose” -- can't be used to provide muni broadband (see 1911120064). One winning appellant, the Connecticut Consumer Counsel, is “pleased with the thorough nature of the decision” but won’t be surprised if PURA or telecom intervenors appeal the or shift the fight to the legislature or federal court, said principal attorney Joseph Rosenthal in a Wednesday interview. That could extend the fight another two years, he said. Municipalities now are free to use the muni gain for broadband, and some are “poised” to do that, but they would be risking a later decision could undermine their efforts, he said. Acting Connecticut Consumer Counsel Richard Sobolewski plans to continue the fight: “It’s an issue we feel very strongly about.” PURA is "still reviewing the Superior Court’s decision," emailed Chairman Marissa Paslick Gillett. The New England Cable & Telecommunications Association's “disappointed in the Court’s decision and are reviewing our options,” President Tim Wilkerson emailed. PURA was correct "based on state and federal law, as well as principles of fair competition," emailed a Frontier Communications spokesperson. "We are reviewing the decision and next steps." CenturyLink declined to comment on “pending litigation.”