U.S. Dist. Court, Mobile, Ala., upheld that city’s right-of- way ...
U.S. Dist. Court, Mobile, Ala., upheld that city’s right-of- way construction ordinance against challenge by BellSouth. In decision released March 30, Senior U.S. Dist. Judge Richard Vollmer said BellSouth’s argument that ordinance was entry barrier “is not a realistic…
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interpretation” of Telecom Act’s Sec. 253. All Mobile is doing is trying to manage its rights-of-way by setting standards for excavation of city streets and other construction, court said. Permit fee recovers city’s costs but isn’t intended to raise revenue, Vollmer said. “BellSouth cannot plausibly make a claim that the ordinance prohibits… the ability of BellSouth to provide telecommunications services,” he said. He acknowledged BS argument that applying for permit caused delay but said Telecom Act barred actions that outright prohibited companies from entering market, but didn’t bar “minor delays that may be incurred because BellSouth must now submit construction plans and obtain permits” before digging up city’s streets and rights-of- way.