Claiming that the Gage County, NE Board overstepped its authority in denying a utility permit, Pinpoint Communications has taken the matter to court. According to the Beatrice Daily Sun, permits to install fiber optic cable are typically approved without incident. By issuing a denial, Pinpoint alleges that Gage County has “invaded the jurisdiction” of the Nebraska Public Service Commission. The lawsuit adds that 11 households were deprived of broadband because the county failed to act in favor of the public good.
An underlying issue with overlapping grants and providers has left Pinpoint sparring with NextLink to secure the rights to provide broadband services to Nebraska residents. Determining which government entity has jurisdiction over the build out has also been unclear. “Their [Gage County’s] role is just to approve and deny these permits based on public use,” stated Pinpoint President Tom Shoemaker, “Not on their unhappiness with the PSC process.”
Although the county did not specifically comment on the lawsuit, Board member Emily Haxby acknowledged that the situation with the overlapping grants was problematic. However, she added, the Board’s jurisdiction allowed it to weigh in on matters of right-of-way. The decision to use another provider to reach the 11 households was based on the Board’s belief that an alternate provider could install the fiber cabling at a lower cost, the Sun reported.
With the awarding of BEAD dollars at stake, determining which government agency has the authority to make judgment calls could have a huge economic impact on the broadband providers. Shoemaker noted that filing a lawsuit would help clarify which providers would be able to benefit from the next round of funding.
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