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It seems that Portland and Multnoma County bit off a bit more than they wanted to chew. They stated in their letter accompanying the refusal to renew that this refusal need not end up in litigation. They tipped their hand pretty early that they are in no mood for litigation.

Inviting negotiation, but only on their terms, open access to the plant. What a joke. So AT&T will engineer and provide a plant that everyone can use? I think that the recent FCC ruling pretty well puts the Kabash on open access requirements. I expect that the courts will find that open access as a condition of a franchise renewal is in direct conflict with Federal Laws and that open access is in no way implied by the franchise agreement. I wish we could get a copy of the franchise agreement to read to verify that.

The real losers in the court battle will be the citizens of the Portland area. If the city and county prevail they will lose out on a first class communication plant, If city and County lose they get saddled with a lot of legal expenses. Hopefully they will wise up soon.

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