CHARLESTON, W.Va. — Frontier Communications filed a lawsuit last week in an effort to prevent a section of the state’s broadband law from going into effect, arguing it violates federal law.
The lawsuit — filed in U.S. District Court for the Southern District of West Virginia — said Article 4 of House Bill 3093 establishes new terms for accessing utility poles that would allow people to affect Frontier’s property without the company’s permission. The suit also alleges the section of the law violates the Fifth and 14th Amendments, as well as the Contracts Clause.
Additionally, the plaintiffs noted the Pole Attachment Act, which authorizes the Federal Communications Commission to regulate pole attachments to balance the needs of companies and protect people.
Article 4 of the law would allow poles to be ready for attachments to be added or relocated.
“Frontier has existing contractual relations with cable providers and other attachers in West Virginia that govern, among other things, the use of Frontier’s poles and the maintenance of existing attachments and facilities on Frontier’s poles,” the lawsuit said.
“Nothing in the contracts permits third parties to rearrange or transfer existing attachments and facilities of cable television providers or others unilaterally, and certainly not without prior notice.”
The suit names Gov. Jim Justice and members of the Public Service Commission of West Virginia as defendants.
House Bill 3093 allows for the formation of internet co-ops to establish related infrastructure. Both chambers of the West Virginia Legislature overwhelming approved the bill, which was later signed by Justice. It went into effect Friday.
Frontier — the largest internet provider in the state — laid off Senate President Mitch Carmichael, R-Jackson, in May. While the company said the removal was related to a reduction of employees, Carmichael was one of 31 senators who voted for the bill.
The pole section of the bill was removed from a previous version of the bill.