Threat Of A Lawsuit Over Google Fiber Raises Nashville Officials’ Fears — And Defiance

A legal threat has members of the Metro Council weighing whether helping Google Fiber is worth the headaches of litigation.

Google wants permission for work crews to rearrange the high-speed internet cables on utility poles through a plan called “One Touch Make Ready.” But officials say they’re counting on a lawsuit by AT&T if the council goes forward with aid to Google.

Officials anticipate legal action because AT&T already took such a measure against Louisville, Ky., over a similar fiber situation — and because AT&T has been frank about it here.

“We will do nothing other than opt in to a pending lawsuit by passing this tonight,” said Councilman Bob Mendes. “That is a guaranteed thing that’s gonna
happen. This isn’t like some threats of litigation we get around here.”

Mendes cites that as one reason to think again about Google’s request.

But others, like Councilman Jeremy Elrod, balk at what he calls “bullying” by AT&T.

“Do not be afraid of a lawsuit,” he said Tuesday.

Others pointed out that the council took action on Airbnbs and affordable housing despite legal threats.

Still another consideration is the cost of defending the city in court. Councilman Steve Glover reminded his peers of the most recent schools desegregation case.

“Anytime that we’re setting ourselves up for lawsuits — even though we won the other one — it still cost the taxpayers a million dollars,” he said.

The council did advance Google’s plan, which the company says will speed up its fiber installations. A lawsuit could cause a dramatic slow down.