W.Va. PSC Rejects Frontier Lawsuit on State OTMR Law
Dismiss Frontier’s lawsuit against the West Virginia Public Service Commission on the state’s one-touch, make-ready law, commissioners urged (in Pacer) the U.S. District Court in Charleston. Frontier Communications and the West Virginia Cable Telecommunications Association sued the commission and Gov.…
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Jim Justice (R) over the 2017 law, saying it allows new pole attachers to interfere with existing riders’ facilities without permission (see 1802210014). The court should dismiss the suit, including because the commission has sovereign immunity and because Frontier failed to state a claim by not alleging that the commission is responsible for enforcing the OTMR law or that the PSC has enforced or intends to enforce it, the agency said Thursday. Courts have clashed on the legality of OTMR, with one federal court ruling against requiring the practice in Nashville and another supporting a similar ordinance in Louisville (see 1711270051).