In the latest of a series of well-researched articles on fiber to the home issues Kevin Blanchard lays out the argument made by the Eastin-Naquin lawyers in the bond issue case before Louisiana’s third circuit court of appeal.
But he neglects to lay out the city’s winning case that the opponents of Lafayette’s fiber to the home project are attempting to overcome–this is, after all, an appeal.
Among other points, Blanchard repeats the claim made by the Plaquimines lawyers that LUS can’t take out loans from local government. But he fails to note that the law explicitly allows loans and lays out the conditions under which they must be made–including a provision, for instance, that such in-house loans should be made at “market rate.” Even the legislature clearly realized that a project of that loans would occasionally be necessary and provided for them. The idea that internal loans are somehow prohibited it is a stretch that (doesn’t really) justify another level of delay. BellSouth and Cox know quite well the intent of the law.
Of course, if the law were better drafted this sort of nonsense wouldn’t be possible. Chalk up yet another reason to repeal the Local Government (un)Fair Competition Act.