After weeks of negotiations, Brightspeed of Southern Alabama, LLC and the City of Foley have agreed to a settlement in a federal lawsuit filed by the high-speed broadband company.
Brightspeed claimed the City and its Utilities Board have created barriers that violated state and federal law. After the company obtained permits to install fiber optic cable to the Utility Board’s existing poles, the City adopted a moratorium on any new, above-ground overhead utilities.
“The Moratorium targets new providers entering the market to compete with the incumbents and imposes burdens only on them of a nature that creates a barrier to entry,” the lawsuit stated.
Brightspeed asked for a preliminary and permanent injunction against the City of Foley, claiming it financially suffered from the moratorium.
In response to the lawsuit, the City of Foley denied violating state or federal laws. City attorneys said the moratorium applies to Brightspeed, the utilities board, and any other telecommunications services.
Mayor Ralph Hellmich told 1819 News that per the agreement, the City gave guidance on what lines needed to be underground and which needed to be overhead. He said the city is also working on an ordinance to make those guidelines clear for any company installing services in city limits. Brightspeed will now move forward to provide services to residents.
Brightspeed offered a statement on the settlement to 1819 News.
"We are thrilled that we can move forward with our planned fiber network build and bring blazing fast internet connectivity to the residents and business owners of Foley," the company said. "At Brightspeed, we believe that everyone should have access to reliable, high-speed internet service, no matter where you live."
"Residents of Foley will see Brightspeed trucks in their local neighborhoods as crews work to bring people online as soon as all parties complete their preparations," Brightspeed continued. "Brightspeed’s highest priority is working quickly and efficiently within the local communities, keeping safety at the forefront."
Brightspeed's fiber internet in Alabama is available to 53,000 homes and businesses in Andalusia, Dothan, Robertsdal, Pell City, Dauphin Island, Opp, Abbeville, Headland, Aliceville, Vernon, Fayette, Samson, Harford, Tallassee, Geneva, Elba, Greenville and Hamilton.
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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