NES and Comcast to address delays with new contract

Nashville Electric Service and Comcast are working on a new agreement to remedy delays in the permitting process related to attaching new lines to utility poles.

The negotiations come as Comcast has complained about the length of times it takes for the company to get approval from NES to begin to make a pole ready for new equipment. At a recent Metro Council committee hearing, Comcast said it takes as many as 100 days to receive permitting, a time frame that NES officials disputed.

“Comcast and I have talked and we are looking at modifying the infrastructure use agreement,” said NES CEO Decosta Jenkins.

The issue arose during discussion concerning One Touch Make Ready, an ordinance pushed by Google Fiber to expedite the rollout of the company's internet service. The policy change would allow one contractor to move lines on a pole in one session, instead of several providers taking several months each to make a pole ready for a new provider.

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At the Metro Council meeting, Comcast official Andy Macke said the company experienced delays with expanding its service because of NES permitting, a process that takes place before making a pole ready. The time frame became a focal point of the three-hour discussion.

AT&T said it has not experienced "undue delays" from NES. Google has an infrastructure agreement in place with NES that allows for bulk deployment, or 500 poles per week, compared to Comcast's 100 poles per 30 days, Jenkins said.

According to the contract, if Comcast goes beyond 100 poles in that time frame, it might experience delays from NES.

Google also provided software to NES to assist with the process.

In response to the negotiations underway with NES, Comcast expressed gratitude to those involved.

"We appreciate the willingness of Mayor Barry, Jon Cooper and Decosta Jenkins to facilitate dialog to find a compromised solution that accelerates the time to deploy broadband facilities in Nashville," a Comcast spokesperson said in an emailed statement.

Earlier this week, NES General Counsel Laura Smith emailed council to reject the argument that NES was slowing the make ready process and to make the distinction between permitting and making a pole ready.

Comcast had submitted more than 3,000 applications in June, well beyond its 100 poles per 30 days contract, she said.

"Comcast has stated that the lengthy approval process is the culprit for attachment delays," Smith said. "Their implication is that were it not for NES delays, One Touch Make Ready would not be needed. This implication is incorrect for several reasons.

"The time period addressed in Comcast's criticisms relates to the application and engineering review. One Touch Make Ready addresses shortening the construction time — a separate process entirely."

In the same letter, Smith said NES saw efficiencies in a "one-touch process" and is "directionally supportive" of One Touch Make Ready. Jenkins clarified that NES is a neutral party in the dispute.

"We support the efficient and effective deployment of broadband," Jenkins said. "We are indifferent to what vehicle it may take."

Reach Jamie McGee at 615-259-8071 and on Twitter @JamieMcGee_.