BellSouth doesn't see it that way. In what's becoming a common refrain, the telecom cited unfair competition from government and added that under normal conditions ' without its state of emergency status ' New Orleans would be violating state law.
It's a story Lafayette knows well. BellSouth has been a driving force of opposition ' along with Cox Communications ' against Lafayette Utilities System's proposed fiber-to-the-home network. The public utility company's plan to build out fiber optics throughout the city and offer phone, cable and high-speed Internet is awaiting resolution of a lawsuit filed by BellSouth.
City-Parish President Joey Durel, who has made the LUS initiative a cornerstone of his administration, plans to work with New Orleans city officials to remove all barriers to municipalities competing with incumbent telecommunications companies. He says the laws have been abused by BellSouth and used as delay tactics.
Under Louisiana's Local Government Fair Competition Act, municipalities are prevented from offering phone, cable or Internet service faster than 144 megabits per second without first going through a series of steps that include conducting a feasibility study and holding public hearings and a referendum on the issue. The law also sets parameters over a municipality's ability to fund such a project.
In an unusual twist last year, BellSouth and LUS worked together with lawmakers to shape the legislation. "It turns out it was just a ploy," says Durel. "[BellSouth] is abusing that bill now to do what they're doing, and it's ultimately going to prevent New Orleans from doing something wonderful for their community. What we need to do more than anything is work with the New Orleans delegation and our delegation and get that law repealed. We negotiated in good faith. We compromised on some things that we would not have compromised on if we had known that these people were not sincere."
It remains unclear whether the state law, which refers to local governments who provide telecommunications services "to one or more subscribers," would apply to a government that is offering a free Internet service, without any paid subscribers. However, New Orleans city officials have indicated that they are interested in challenging the law.
BellSouth New Orleans spokesman Merlin Villar says the company understands the city's need to "jumpstart revitalization," but it believes that the city's current operation goes against the law.
"As a general matter," he says via e-mail, "our position consistently has been and remains that government-owned wireless networks should operate by the same rules as other communications service providers including wireless, telecom and cable providers. There are laws in place in Louisiana ' including the Local Government Fair Competition Act and rules promulgated by the Louisiana Public Service Commission ' which prevent cross subsidization and other anti-competitive activities. These laws were designed to create a level playing field in these competitive industries. We would hope that the city acknowledges its intention to follow these laws."
New Orleans city officials claim that BellSouth's opposition to their wireless network has been so fierce that the company rescinded an offer to donate one of its damaged buildings to the displaced New Orleans Police Department because of it.
New Orleans Chief Technology Officer Greg Meffert told the Washington Post last Saturday that New Orleans' wireless network represents a "once-in-a-century opportunity to truly show the entire world what can be, instead of just what is, and help write future history in the process. It's a damn shame they [BellSouth] don't see that."
The comments echo the harsh words Lafayette officials recently had for BellSouth officials. Last week, Durel and a team of supporters took out a full page newspaper ad and published an open letter to BellSouth executives, deriding the company as a "corporate Goliath" that "attempts to derail what our voters have said is best for our community."
Lafayette city voters approved the sale of $125 million in bonds to fund the project in July, following a lawsuit from Cox and BellSouth. Since the election, LUS has won its right to proceed as planned in battles before the state Public Service Commission and in district court. BellSouth recently appealed the district court decision.
Lafayette City-Parish Attorney Pat Ottinger says he hopes the suit does not drag on beyond spring. If BellSouth loses its appeal in appellate court, it could appeal to the state Supreme Court, which would then have to decide on whether or not to hear the case. BellSouth also has until Dec. 12 to challenge the PSC's rules governing LUS' accounting procedures, which could further delay the project.
Durel says that BellSouth's persistent objections to the city's plans aren't helping the company. "I think that locally they've done all the damage they can do to themselves," he says. "The real goal of [the open letter] was to hopefully get [CEO] Duane Ackerman to wake up and realize that they're not doing themselves any favors with their public image and that Louisiana needs a hand up, not somebody whose keeping their thumb on us."
For longtime proponents of Lafayette's fiber optics project, like John St. Julien, who maintains the blog site www.lafayetteprofiber.com, the current situation in New Orleans represents "a pretty obvious opportunity" for the two cities to come together and fight for their common interests.
"If you could put the Acadiana delegation together with the New Orleans delegation you could have a real voting bloc," St. Julien says. "If there was no law then [LUS] wouldn't be in court right now. If that law could be wiped off the books all these legal objections would be washed out. There'd be no stopping us. We need to have the freedom to compete and deregulate. Take all the restrictions of who can compete out. That would be the real solution."
Durel insists that changing state law will be of greater benefit to other communities. "Lafayette's going to get this done. Whether they delay it another year or so [remains] to be seen. For other communities to get it done is going to be nearly impossible [under the existing law].
"We could have been wireless a year ago," he adds. "But with everything else we were doing it was just not worth additional burden on the group of people that are working on the fiber."
The long struggle for LUS hasn't been cheap. It has spent $1.5 million on studies, public information campaigns and legal fees for the project, according to LUS Director Terry Huval. In the past two months alone, LUS has paid $59,488 in legal fees for work related to its fiber project.
Although interest rates have also been on a slight rise since LUS began proceeding with its plans, Huval says the actual material cost of the fiber has been going down, and the overall cost of the project remains roughly what was accounted for.
"I don't think the dollar amount is the big issue as much as it is the delay," says Durel. "If BellSouth or Cox had never gotten in the way of this and tried to put the hurdles up that they have put, we would already be servicing our first customer. How much does it cost us not to have this going? How much does it cost Lafayette and Louisiana as other communities see what we've been doing and they start trying to do this themselves? We can either lead or we can follow, and we have an opportunity to lead right now and to be a spotlight for the nation."
Mike Harson's coffers show the advantage of incumbency.
The Lafayette City-Parish Council will vote on an ordinance for final adoption Tuesday that, if approved, would give the city the green light to take over a stretch of Verot School Road from the state Department of Transportation and Development.
The Louisiana Association of Educators filed a lawsuit challenging the $60 million in spending through Louisiana's public school financing formula.
He's been out of office for nearly a decade, but former U.S. Sen. John Breaux is back on the campaign trail, urging voters to support his one-time colleague, Democrat Mary Landrieu.
The unresolved fate of the ashes left behind after Ebola waste was destroyed in Texas highlights the problem U.S. hospitals and communities could face in disposing of their own waste.
Lafayette manufactured home or Scott two bedroom home
Cajun fan fierce
Acadiana's nightlife guide.
While much of the talk was about whether New Orleans could win a big game — or any game, for that matter — on the road, the conversation in the Saints' locker room was about something completely different.
State health officials told thousands of doctors planning to attend a tropical diseases meeting this weekend in New Orleans to stay away if they have been to certain African countries or have had contact with an Ebola patient in the last 21 days.
Republicans are calling on Democratic Sen. Mary Landrieu to apologize after she suggested Thursday that President Barack Obama's deep unpopularity in the South is partly tied to race.
Compared to the rest of the country, Lafayette has it pretty good when it comes to the cost and speed of our Internet.
Hello Kitty turns 40; police ambush suspect caught; Knicks surprise Cavs and more national and international news for Friday, October 31, 2014.
Friday's Blogs from the Bog!
The Lafayette City-Parish Council will consider on Tuesday a revised plan to the transform a block in Downtown Lafayette into a mixed-use residential-retail-commercial development that doesn’t include giving title to the property to the Lafayette Public Trust Finance Authority, an arrangement the council rejected earlier this month.
Trying to combat the national undertones of Louisiana's U.S. Senate race, Democratic incumbent Mary Landrieu is traveling the state this week on a sort of pork celebration tour, telling voters about the projects and aid she's delivered to Louisiana.
Ever thought that big, pink Gulf coast shrimp you ordered at the restaurant or bought from the store didn't taste juicy or salty enough? Maybe it wasn't from the Gulf.
The state treasurer won't sign financial documents needed for $200 million in borrowing or for a refinancing of existing debt until he believes they accurately explain the surplus disagreement.
Homecoming outfits with ease
Acadian style home in St. Martinville or traditional Breaux Bridge home
Acadiana's nightlife guide.
Bill Cassidy voted for 97 percent of the bills signed by Barack Obama.
Louisiana Gov. Bobby Jindal is joining South Carolina Gov. Nikki Haley on her campaign bus tour.
A New Iberia man has been sentenced to life in prison for killing a 4-year-old girl and scalding her 3-year-old brother.
A district judge decided Wednesday against sanctioning attorney/school board candidate Dawn Morris for her behind-the-scenes role in a lawsuit against Mark Cockerham.
Secretary of State Tom Schedler says Gov. Bobby Jindal's administration may have improperly destroyed records in the state employee health insurance program, in the middle of a heavily-criticized rewrite of benefit plans.
Paper cites the former ADA's "experience as a prosecutor, his demonstrated integrity, and his ideas for reshaping the [DA's] office" in urging voters to support Keith Stutes Nov. 4.
Louisiana officials have sent a letter to the American Society of Tropical Medicine and Hygiene un-inviting members of the group who have recently been to ebola-affected West African countries from attending the group’s annual conference in New Orleans next week.
Drew Brees and the New Orleans Saints have to find a way to win on the road if they plan to take over first place in the NFC South.
"It is obvious that Louisiana economic performance has not outperformed the South or the United States as a whole and, in fact, has substantially underperformed..."