Google wants to build a fiber network in Austin, Texas. Unfortunately, they have run into a road block. AT&T owns about 20 percent of the utility (electricity) poles in Austin and AT&T is saying that Google can’t attach Google’s high-speed fiber network to the poles.

AT&T claims that because Google is not a telecom or cable provider they do not have to simply allow Google to attach their network to AT&T’s utility poles. Had Google been an official telecom or cable provider, federal law would have forced AT&T to play nice. However, an Austin city ordinance mandates that the two work together and that AT&T can charge a reasonable fee.

“Basically, the current regulations require companies with utility poles in the public rights of way to provide access to certified telecommunications providers and to TV/cable companies,” Paul Lewis, assistant manager of telecommunications and regulatory affairs in Austin. “Google is not a certified telecommunications provider, and it’s a video service provider as opposed to a television/cable company.”

Google doesn’t want to be qualified as a telecom, or telephone, company because of the stricter regulations. Because Google does not provide one-way transmission it cannot be classified as a cable provider either. However, Google is reportedly willing to pay a reasonable fee for the use of AT&T’s utility poles. It isn’t clear if AT&T is willing to accept that fee.

City leaders are said to be ready to force the issue if an agreement between AT&T and Google is not reached by mid-January. A vote by the city council to force AT&T to allow Google to use the poles was expected last week but has been postponed until January 23^rd. The council is hoping the extra time will allow the two companies to come to a reasonable agreement without them having to get involved. However, if the negotiations fall through for whatever reason, the council will have to take charge.

[via Ars Technica, via Austin American-Statesman]