Morgantown (WV) Settles Internet Service Provider Lawsuit

The city of Morgantown (WV) and DBI Networks LLC, doing business as ClearFiber, have reached a settlement in the lawsuit filed on June 4 by the fiber-optic Internet service provider. The suit, which was filed in US District Court, accused the city denying access to public rights-of-way by refusing to issue a license agreement, resulting in prohibition of service, bar to entry, discriminatory management of public rights of way, and a violation of due process. The settlement amends the non-exclusive franchise agreement the parties executed in April 2017 and describes the application process ClearFiber must complete prior to working in the public right-of-way, and lays out a change in franchise fees — from 5% of gross revenues to 25 cents per linear foot of cable placed in the public right-of-way.