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 What we need to do more than anything is work with the New Orleans delegation and our delegation and get that law repealed.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."
An obvious follow-up question for any Republican politician who accuses Democrats of being science deniers is one about science, to which Jindal bobbed and weaved like a welterweight champ.
The Lafayette City-Parish Council is expected to decide tonight (Tuesday) whether to go along with a proposal City-Parish President Joey Durel made in February’s State of the Parish Address and consolidate taxes for mosquito control and the parish health units into a broader tax program that would also cover animal control.
U.S. District Judge Richard Haik has dismissed Greg Davis’ lawsuit against the LPSB, yet in his ruling, the federal judge doesn’t bite his tongue in pointing out the "threat" being posed by certain board members.
Of all the political offices being contested throughout Lafayette Parish, the race for Broussard’s top police post has literally become one of the most heated.
A state district judge is deciding whether to issue an injunction against the enforcement of a last-minute retirement hike that lawmakers gave to the state police superintendent.
A new website is up for Louisiana's state government employees and retirees to choose their health insurance plans for next year, a choice they must make by October.
Radisson dumps NFL sponsorship over abuse; troops sent to fight Ebola; bomber kills troops and more national and international news for Tuesday, September 16, 2014.
Tuesday's Blogs from the Bog!
That fact that New Orleans led both games in the final 10 seconds of regulation, and lost each by a field goal or less, is of little solace.
The superintendent will make another go at getting a budget passed for the already commenced fiscal year as the LPSB is slated to meet tonight on the eve of the state’s budget adoption deadline.
A person familiar with the situation says New Orleans Saints running back Mark Ingram has a broken hand.
It seeks an investigation into a $100,000 fund transfer from Vitter's federal campaign account to an independent PAC supporting Vitter's 2015 candidacy for governor.
Landrieu has acknowledged that she improperly billed her Senate office for nearly $43,000 in charter costs that should have been paid from her campaign account.
House District 45 Rep. Joel Robideaux is term-limited and running for city-parish president next year, leaving his seat up for grabs come 2015 and at least three likely contenders so far, including ...
When the Browns explained their plans to Brian Hoyer about bringing rookie Johnny Manziel into the game, Cleveland's starting quarterback bit his lip and devised one of his own.
National debate over solitary confinement puts spotlight on Angola inmate’s 35 years in ‘the hole’
If you didn’t know Alison, Sheriff Mike Neustrom’s 42-year-old daughter who died Wednesday after battling cancer for a year, you missed out on something really special.
Asserting that the LPSB's taxpayer-funded report on the results of the superintendent investigation is a public record, TDA's executive editor takes the gloves off.
Tyson Dupuis accumulated three OWI arrests in less than 10 years, with his most recent resulting in the death of an 18-year-old Crowley woman in 2011, yet his punishment would only amount to a year in prison.
Hugh Freeze has firsthand knowledge of the Sun Belt Conference, having coached at Arkansas State in 2011 before moving on to Mississippi.
A federal grand jury has charged a 56-year-old Lafayette man with income tax fraud for allegedly failing to report hundreds of thousands of dollars in income.
The LPSB voted 6-3 to accept charges against Superintendent Pat Cooper and pave the way for his upcoming termination hearing.
The timing of U.S. District Judge Richard Haik's semi-retirement paves the way for a Dem, and perhaps the first African American, to serve the Western District.
After months of clamoring for Superintendent Pat Cooper’s job, the LPSB will get its chance this afternoon to get the ball rolling with a special meeting at 2:30 p.m.
Voters trying to sift through the details of 14 constitutional amendments on the Nov. 4 ballot have a guide they can consult.