Cox Sues Tempe, Claiming New Video Service Rules Favor Google Fiber

Cox Communications sued Tempe, Arizona, and Mayor Mark Mitchell over its new video regulations that Cox says unfairly skew in favor of Google Fiber. The lawsuit, filed Sept. 14 in U.S. District Court in Phoenix, seeks a declaration that the city's ordinance and licensing of Google Fiber as a video services provider rather than a cable provider is illegal, and an injunction stopping the city from giving Google Fiber a license for a video services system and right-of-way use agreement. Cox said Google Fiber's proposed video service to the city "is indistinguishable" from Cox's cable service there, but video service providers are exempt from the "substantial statutory and regulatory obligations" put on cable operators. The city altered its codes in December to create a license category for video service providers, and gave such a license in July to Google Fiber, waiving such standard requirements as underground construction. Rules on service standards, consumer information protection and billing requirements also don't apply to Google Fiber, though they apply to cable operators, and Google Fiber won't have to comply with federal emergency alert system regulations under its license, Cox said. The city declined to comment Friday.