One Touch Make Ready
| Company type | Municipal regulation |
|---|---|
| Industry | Telecommunications infrastructure |
| Founded | 2016 |
Area served | United States (Louisville, Nashville, San Antonio, and others) |
Key people | Bill Hollander (Louisville bill sponsor), Greg Fischer (Mayor of Louisville), Anthony Davis (Nashville Councilman), Megan Barry (Mayor of Nashville) |
| Products | Utility pole make-ready work regulation |
One Touch Make Ready (OTMR) denotes laws and municipal regulations across the United States that mandate utility pole proprietors to allow a single authorized crew to simultaneously modify multiple utility lines.
Background
In the U.S., ownership of utility poles varies, encompassing local governments, municipal electric utilities, private companies, or combinations thereof. Most commonly, poles belong to private firms such as traditional telephone or electric service providers.
Make Ready Work
Prior to attaching new lines or equipment, it is often necessary to rearrange existing attachments—a procedure known as 'Make Ready work'—to meet federal clearance standards designed to avoid service disruptions.
Federal regulations stipulate that Make Ready Work must be conducted in a step-by-step manner, adjusting attachments according to their original installation sequence. This ordered approach can result in considerable delays and operational interruptions, particularly in congested areas. The process may extend over months or even years because each utility company must send its own certified contractor solely to modify its own attachments. Additionally, scheduling must navigate coordination among different contractors, weather conditions, traffic constraints, and local maintenance schedules since the work primarily involves aerial lifts.
One Touch Make Ready
To mitigate delays associated with utility pole modifications, certain municipalities have adopted One Touch Make Ready (OTMR) regulations. These laws permit a single certified construction crew—approved by pole owners or governing bodies—to carry out all required adjustments for new attachments during one visit.
Within OTMR jurisdictions, pole owners agree upon common contractors authorized to move existing lines, enabling one crew to perform all necessary relocations simultaneously instead of multiple crews working sequentially.
Nashville
Nashville’s OTMR ordinance mandates that new line installers provide existing pole users with a 30-day notification before relocating their equipment. Should no action be taken within this timeframe, the installer is authorized to proceed with make-ready tasks. Any damages or errors incurred during this process can be financially reclaimed by affected parties from the installer.
Adoption in Different Regions
As of August 2017, OTMR laws have been enacted only in Louisville, Nashville, and San Antonio, while several other municipalities are actively pursuing implementation.
Louisville, Kentucky
On February 11, 2016, Louisville became the first city in the United States to pass an OTMR law through unanimous City Council approval. Bill Hollander, the bill's sponsor, emphasized its significance in attracting businesses, generating employment opportunities, and preparing Louisville for broader broadband deployment. Mayor Greg Fischer underscored its role in facilitating access for providers such as Google Fiber.
The legislation requires new applicants to secure consent from existing pole owners before engaging pre-approved crews to conduct make-ready work at their own expense. Following installation, pole owners and incumbent providers may inspect the modifications and request corrective measures if necessary, also at the cost of the new entrant.
San Antonio, Texas
On May 6, 2016, CPS Energy, San Antonio’s municipal utility provider, implemented detailed regulations incorporating essential elements of One Touch Make Ready (OTMR) legislation. These comprehensive standards span 128 pages and outline the protocols to be followed before, during, and after the OTMR procedure, reflecting CPS Energy’s responsibilities as an electric utility. The objective is to ensure a balance between facilitating access for communications companies and maintaining the primary goal of delivering safe, dependable electric service. The guidelines encompass technical specifications, administrative processes, and distinct rules governing both wired and wireless attachments to poles, combining FCC broadband expansion recommendations with OSHA safety requirements.
Nashville, Tennessee
The Metropolitan Council of Nashville initiated discussions on a One Touch Make Ready Ordinance on August 2, 2016, modeled after Louisville’s earlier legislation. Sponsored by Councilman Anthony Davis, the ordinance was passed on September 6, 2016, with a 32–7 vote. Despite Councilwoman Tanaka Vercher’s last-minute effort to postpone the measure, her motion was rejected by a 26–12 margin. The City Council approved the OTMR ordinance through a voice vote that same day. Mayor Megan Barry signed the legislation into law on September 21, 2016, under Ordinance BL2016-343. Throughout the legislative process, Barry maintained a neutral stance on the bill’s specifics and encouraged collaboration between policymakers and service providers.
Lowered expenses, time savings, and reduced disruption
Proponents such as the Fiber to the Home Council (FTTHC) and the National Cable and Telecommunications Association (NCTA) assert that OTMR rules substantially decrease costs by allowing a single crew to perform all necessary line work within one day instead of multiple crews over several days. This approach lowers labor hours and associated expenditures. Additionally, the FTTHC emphasizes that OTMR reduces traffic interruptions caused by large aerial lift equipment frequently employed in U.S. utility pole maintenance.
Enhanced Market Competition
Supporters including Google Fiber and various legislators argue that OTMR promotes competition by enabling external Internet service providers to install fiber-optic cable infrastructure. This can dismantle entrenched local internet monopolies prevalent throughout the United States.
Opposition
Certain organizations oppose OTMR policies. The American Legislative Exchange Council (ALEC) along with multiple lobbying groups have criticized these regulations. Leading cable and telephone companies such as AT&T and Comcast have strongly resisted OTMR measures, initiating legal action against every municipality that has adopted such ordinances.
Federal Jurisdiction
Critics including AT&T, Comcast, and Nashville Electric Service (NES) contend that regulation of telecommunications pole attachments falls under the purview of the Federal Communications Commission (FCC). They reference federal pole attachment regulations which assign oversight authority to the FCC rather than local entities. Nevertheless, on October 30, 2016, following the case AT&T v. Louisville Metro, the FCC clarified that states choosing to opt out of its guidelines (like Kentucky) are not subject to these federal pole attachment rules.
Google Fiber's Role
Critics, including the American Legislative Exchange Council, argue that the policy serves as a strategy by local governments to facilitate Google Fiber's network expansion. ALEC highlights that municipalities invest substantial resources defending laws perceived as favoring Google, pointing out that Google has been named as a defendant in every OTMR-related lawsuit filed by August 2017.
Corporate Rights
Organizations such as ALEC maintain that OTMR rules infringe upon corporate property rights by permitting third parties to rearrange equipment on utility poles without notifying the owners, which may contravene federal property statutes. Nonetheless, municipalities with effective OTMR regulations mandate that only contractors authorized by pole owners are allowed to perform such work.
Labor Union Objections
The Communications Workers of America, the largest communications union in the United States, opposes One Touch Make Ready due to concerns over unsafe labor conditions and breaches of collective bargaining agreements. They argue that enabling new attachers to operate without formal approval increases the risk of infrastructure damage caused by unqualified personnel and emphasize that pole owners should inspect lines prior to any work commencing.
Legal Framework
The Federal Communications Commission provides states with two regulatory pathways for utility poles: either transfer authority to the FCC or retain state control. By 2016, thirty states had delegated oversight to the FCC, while twenty maintained self-regulation and thus could enact OTMR legislation. All U.S. territories and insular areas adhere to federal regulations.
According to the FCC, local governments within states that have ceded regulatory power are prohibited from adopting OTMR in its existing form. The twenty self-regulating states eligible for OTMR laws are:
- Alaska
- Arkansas
- California
- Connecticut
- Delaware
- Idaho
- Illinois
- Louisiana
- Kentucky
- Maine
- Massachusetts
- Michigan
- New Hampshire
- New Jersey
- New York
- Ohio
- Oregon
- Utah
- Vermont
- Washington
AT&T vs. Louisville Metro Government
On February 25, 2016, AT&T, which controls approximately 25-40% of Louisville, Kentucky utility poles, initiated a federal lawsuit against the Louisville Metro Government. In BellSouth Telecommunications LLC vs. Louisville/Jefferson County Metro Government, AT&T contended that Louisville’s One Touch Make Ready (OTMR) ordinance conflicted with state and federal statutes and sought a judicial declaration affirming that pole attachment regulation is exclusively under the jurisdiction of the Kentucky Public Service Commission and the Federal Communications Commission. Louisville Mayor Greg Fischer committed to defending the ordinance, underscoring its significance for advancing the city’s broadband infrastructure. AT&T argued that the ordinance permitted third parties temporary possession of its property, potentially causing irreversible damage without court oversight.
The following day, February 26, 2016, Google Fiber’s Director of National Deployment and Operations publicly endorsed Louisville’s initiative, praising its commitment to enhancing broadband speeds.
On June 29, 2016, Frontier Communications petitioned to join AT&T’s lawsuit despite lacking operations in Kentucky, citing apprehensions that the ordinance’s expansive reach could establish unfavorable national precedents for its business. Frontier clarified it had neither received compensation nor been consulted by AT&T.
On October 6, 2016, Google Fiber filed a motion to intervene in defense of the ordinance, asserting it represents a legitimate exercise of Louisville’s authority over public rights-of-way and contributes to public safety by minimizing disruption and congestion.
On October 31, 2016, the Federal Communications Commission issued a statement confirming that Louisville’s OTMR ordinance does not violate federal law and dismissed AT&T’s preemption argument under Section 224 pole-attachment regulations.
On August 16, 2017, U.S. District Court Judge David Hayes dismissed AT&T's complaint. He found that the OTMR ordinance appropriately governs public rights-of-way by consolidating make-ready activities into a single crew to reduce disturbance. The judge further noted that FCC rules do not apply in Kentucky due to the state’s exemption from those federal regulations.
AT&T and Comcast Litigation Against Nashville Metro Government
On September 22, 2016, AT&T initiated a federal lawsuit targeting the Metropolitan Government of Nashville, Tennessee, shortly after the city enacted its One Touch Make Ready (OTMR) Ordinance. At that time, AT&T controlled roughly 20% of the utility poles within Nashville. The case, titled BellSouth Telecommunications, LLC, D/B/A AT&T, Tennessee v. The Metropolitan Government of Nashville and Davidson County, Tennessee, contended that only the Federal Communications Commission possesses jurisdiction over utility pole regulation and sought a permanent injunction to prevent enforcement of the ordinance. Unlike a comparable lawsuit filed in Louisville, this complaint did not assert state-level regulatory authority over utility poles.
Subsequently, on October 26, 2016, Comcast also filed suit in federal court against Nashville concerning the same OTMR ordinance, requesting a permanent injunction. In response, Mayor Megan Barry highlighted strong public backing for the One Touch Make Ready policy and expressed optimism for a prompt resolution aimed at broadening gigabit Internet availability throughout Davidson County.
On October 31, 2016, the Nashville Metro Government petitioned to consolidate the AT&T and Comcast lawsuits. The city cited substantial factual and legal overlap between the cases, potential risks of conflicting judicial decisions, and benefits to judicial efficiency. Consolidation was argued to prevent redundant efforts since both suits were pending in the same jurisdiction.
Federal Judge Ken Sharp granted the consolidation request on November 10, 2016, also extending Nashville’s deadline to respond to November 14.
By November 14, 2016, Nashville filed a motion to dismiss the combined lawsuit. The city argued that AT&T failed to demonstrate how the local ordinance conflicted with federal statutes. Nashville maintained that its ordinance was consistent with federal objectives while addressing local rights-of-way management requirements.
Charter Communications’ Lawsuit Against Louisville Metro Government
On October 5, 2016, Charter Communications, which owns Time Warner Cable and operates within Louisville, initiated legal action against the Louisville Metro Government. Charter alleged that the city's OTMR ordinance violated its Fifth Amendment protections under the "Takings Clause," which prohibits governmental appropriation of private property for public use without just compensation. Additionally, Charter claimed infringement upon its corporate free speech rights; however, no explicit government conduct was identified as violating those rights.
Court documents dated June 29, 2017 revealed that the case—captioned Insight Kentucky Partners v. Louisville/Jefferson County Metro Government—was slated for trial before U.S. District Senior Judge Charles Ralph Simpson III. Following dismissal of a similar AT&T lawsuit against Louisville by a federal judge, Charter’s litigation remained active.
Nashville Electric Service’s Challenge to Nashville Metro Government
On October 21, 2016, Nashville Electric Service (NES), one of the nation’s largest publicly owned electric utilities controlling approximately 80% of utility poles in Nashville, filed suit against the Metro Government regarding the OTMR ordinance. NES contended that the ordinance forced it into a conflict between adhering to new regulations and honoring existing agreements with providers such as AT&T and Comcast. The utility sought declaratory relief to clarify its legal position amid threats of litigation from AT&T should it comply with the ordinance. Mayor Megan Barry reaffirmed her administration’s support for OTMR and defended its legality.
On February 3, 2017, NES reached an out-of-court settlement with Google Fiber and Nashville. Under this agreement, Google Fiber committed to indemnify NES for any damages arising from OTMR-related deployments by Google Fiber. NES President and CEO Decosta Jenkins characterized the resolution as beneficial for all parties involved and confirmed dismissal of ongoing lawsuits against both Google and the city.