AT&T rolls into Nashville neighborhoods

AT&T’s Bill West installs a cable box in a refrigerator-sized hole along Danby Drive. The unannounced work has angered residents. Matthew Williams/The City Paper

Land Deleot woke up one morning about two weeks ago to find a utility truck and a backhoe tractor parked in front of his home on Belmont Boulevard.

The work crew was preparing to dig a ditch on behalf of AT&T, which wanted to put a refrigerator-sized cable box in front of his home. Even though the box would have been located in the public right-of-way, Deleot was angry.

He made a series of phone calls to his Council member, Keith Durbin, and to Metro Public Works. It turned the subcontractor assigned to do the work had not filed the proper permits and a stop work order was issued. When AT&T returned, the company obliged Deleot’s requests and moved the box to another location.

The installation work is a precursor to AT&T’s plan to soon rollout digital television service throughout Nashville. The work was made possible by the telecommunications deal reached in the state legislature earlier this year.

“They basically just showed up in our front yard and started digging,” Deleot said. “They told us they had to install two large green boxes in addition to the one we already had. It was a shock, to have someone with a big backhoe show up with no phone call, no knock on the door, nothing.”

Deleot pointed out AT&T eventually was cooperative once he had made a series of calls to Durbin and Public Works. But he also said there wouldn’t have been a compromise had he not been so diligent.

“If we hadn’t been home, we would have had two giant boxes in front of our home,” Deleot said.

In the case of Deleot, the circumstances highlight a concern opponents raised before the state legislature agreement was reached. Opponents said the telecommunications giant would have free reign to install its services in the wealthiest neighborhoods without the bother of dealing with local municipalities.

“There were problems all along that we complained about,” said Chad Jenkins, legislative director for the Tennessee Municipal League. “Looking at the law on the books, we’re advocates for local autonomy. Local governments should govern themselves, because [they] know what’s best for their communities

“The old way to negotiate an agreement was with the local government to provide service. That way people knew who would be coming in and when and they could regulate it.”

When the deal was in front of the state, Metro Council passed a memorializing resolution precisely to avoid circumstances like the one experienced by Deleot. Lynn Williams was the District 34 Council member at the time and a vocal critic of the deal.

“It’s our front yards,” said Williams, who pointed out other cities have seen similar issues arise. “The franchise agreement that AT&T and others are working around the country to negotiate outside of municipal domain did not give any recourse to the private property owner, except to appeal to the federal communications commission.”

Aware that AT&T would soon be rolling into Nashville neighborhoods, some Metro Council members have gotten proactive on the issue to ensure dilemmas like the one faced by Deleot don’t pop up across town. District 23 Councilwoman Emily Evans was told AT&T has pulled permits to install the cable boxes at 21 locations.

At the request of local state Rep. Gary Moore, AT&T has agreed to sit down with concerned Metro Council members to explain the new technology and how it will be installed in their districts.

Although AT&T did not have to negotiate a deal with Nashville, or any city, in order to introduce the digital cable service, the company does still have to abide by Metro’s right-of-way ordinance. AT&T also has to file the proper permits with Metro departments who regulate excavation and right-of-way maintenance.

Bob Corney with AT&T public affairs said the company worked hard to meet the concerns of neighbors who are reticent about the boxes in their right of way. He said the overwhelming response on AT&T’s end has been excitement from consumers who are glad to have more digital cable choices coming to Nashville, where Comcast has dominated the market.

“We do try to work with people to resolve those issues,” Corney said. “People are glad we’re bringing these services. In order to deliver these services, there has to be some utility fixture some place and we try to be very cognizant of where these things go. We work with Metro to resolve questions when things arise.”

Corney said the company followed the Metro right-of-way ordinance and filed the proper permits in order to install its equipment.

“There’s a very well defined and longstanding process for how utilities can access and places utilities in the right of way,” Corney said. “We apply for those permits and we work with Metro to resolve any concerns. There are utility facilities in neighborhoods across the state of Tennessee and there have been for decades.”

Evans said the meeting with AT&T would be an opportunity for Council members who are likely to receive complaints to know how to answer constituent concerns that may arise.

“I know there are constituents in my district who would be upset if one of these were installed in front of their house,” Evans said.

As for when AT&T will be bringing its new digital cable service to Nashville, Corney did not offer a specific timeline. The knock from opponents of the agreement passed by the state was that AT&T sought to deliver its service to the wealthiest neighborhoods.

“We are working as quickly as we can to bring the service to as many people as we can,” Corney said.