Brightspeed of Southern Alabama, LLC filed a federal lawsuit seeking equitable relief and declaratory judgment against the City of Foley. The high-speed broadband company claims the city and its Utilities Board have created barriers that violate state and federal law.
Brightspeed, which operates in 20 states, claims the city put a moratorium on installing above-ground components of its fiber network after it had already installed the underground portion.
The Utilities Board provides broadband internet services in Foley, Elberta, Lillian, Bon Secour, Magnolia Springs, Loxley, Silverhill, Daphne, Spanish Fort, Point Clear and Summerdale.
In 2023, Brightspeed obtained permits from Foley to attach fiber optic cable to the Utility Board’s existing poles. The company claimed this would create a formidable competitor to the existing services and give residents another high-speed option. The company claimed it made a $2 million investment in construction to provide the service.
However, in January, the city council adopted a moratorium on any new, above-ground overhead utilities “to promote and protect resiliency during disasters, enhance the efficient use of rights-of-way, and preserve the aesthetic appeal of public spaces.”
“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 states.
The plaintiffs said the decision impacts residents of Foley and those who live nearby who cannot choose from quality internet services. They also claim they are missing out on federal and state allocations to expand broadband internet into rural areas.
Brightspeed is asking for a preliminary and permanent injunction against the City of Foley, claiming it is financially suffering from decisions made by the city. The city denies those allegations and demands “strict proof” that Brightspeed has been harmed in any way.
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.
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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