Cable firms sue over WV broadband law, say co-ops could cause outages

West Virginia’s largest cable companies have filed a lawsuit against Gov Jim Justice (D-WV) and Attorney General Patrick Morrisey, alleging that a new state law could ultimately cause internet service outages at customers’ homes and businesses. The state Cable Telecommunications Association is challenging new rules designed to make it easier for startup internet firms to secure access to utility poles. The cable companies don’t want competitors meddling with their equipment housed atop the poles. About 400,000 West Virginians have telephone and internet service through cable providers. “There could be significant damage to equipment and to customer relationships and outages and things of that sort when you have circumstances where there are no limitations at all on competitors moving other competitors’ equipment around,” said Mark Polen, spokesman for the cable group.

The companies say the new law allows the smaller internet companies to hire private contractors and rearrange existing equipment atop utility poles without permission. Federal rules already dictate how telecommunication companies share and access equipment on utility poles, according to the lawsuit. The new state law conflicts with longstanding federal law, the cable group alleges. The lawsuit characterizes the state law as “invalid” and “unconstitutional.”