Consumer Counsel Elin Swanson Katz has filed a Brief in the lawsuit challenging a ruling by the Public Utilities Regulatory Authority that limits the ability of municipalities to provide affordable, high-speed broadband internet services to the general public.
PURA ruled in May that cities and towns cannot use their statutory right to a designated space on utility poles to provide broadband service, despite a 2013 General Assembly statutory amendment clarifying that towns and other public users can use the Municipal Gain for any purpose. PURA ruled that fiber wiring can only be used for internal municipal communications, such as communication between schools, and cannot be used to provide broadband internet services to residents or local businesses.
Katz says PURA is an administrative agency and must follow and implement the law as written.
The Town of Sharon estimated in their legal brief that approximately 10%-15% of the homes do not have access to broadband internet services, despite repeated attempts to get existing providers to extend service. The defendants, including PURA, Frontier, and NECTA, must file their responsive briefs by December 7.
Oral argument will be held at a date to be determined. The Office of Consumer Counsel would expect a ruling from the Superior Court in the spring of 2019.
