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from: Cleveland Plain Dealer

AT&T planting tree-lawn boxes, irking residents

Monday, January 15, 2007
Thomas Ott
Plain Dealer Reporter

Norm Ockuly is certain that if he plunked a refrigerator on his tree lawn and left it there, Willowick would give him a ticket and make him pay a fine.

But the metal cabinet in front of Ockuly's house on Bayridge Boulevard belongs to AT&T. And telecommunications giants are not easily brought to heel.

Despite complaints from some homeowners, AT&T has planted boxes - big and small, sometimes alone or in sets of two or three - on tree lawns across Northeast Ohio.

The cabinets are part of AT&T's Project Lightspeed, which will extend fiber-optic cable into neighborhoods and add video services to telephone and high-speed Internet options. The $4.6 billion project spans 13 states.

AT&T's video services, including programming on demand and on-screen insets for channel surfing, are expected to be available this year and will compete with cable television. But for some, the new product will carry an added cost.

Upon returning from vacation last year, Ockuly and his wife were dismayed that workers had laid a concrete pad on their small Bayridge Boulevard tree lawn. Soon, the cream-colored cabinet - the size of an armoire or home-entertainment center - appeared.

"The people who want this should have volunteered to have it in their front yards," Ockuly said. "It looks like an outhouse in the front yard. I wanted to put a half-moon on it and decorate it for Halloween."

Adding to the clutter is a smaller metal box. And across the street, AT&T installed another outhouse-size cabinet.

AT&T declined to disclose how many of the boxes it intends to install. But Lakewood officials expect cabinets at 36 locations. Plans submitted in neighboring Rocky River show 30.

Cities are not eager to stand in the way of cool, new TV. Nor do they want to discourage competition with cable companies, whose rate increases rattle residents.

But officials worry about the look of the boxes and their impact on property values. They also fear that the cabinets will pose a safety hazard, concealing children until they dart out in front of cars.

"The services are wonderful, but do you want that giant box in front of your house?" Willowick Mayor Richard Bonde said. "If you have two identical houses and one has an AT&T box on the lawn, which one would you buy?"

Officials in several cities said prohibiting the cabinets is not easy because federal and state laws restrict their control over what AT&T does in a public right of way. So, before issuing any needed permits, they press the company to place the boxes in inconspicuous locations or to surround them with landscaping.

AT&T is sensitive to the cities' concerns and tries to compromise, spokeswoman Caryn Candisky said.

"We recognize that there are issues that come up with the placement of our facilities," she said.

Some cities will try to get control over cabinet locations in "video competition agreements" sought by AT&T.

Lakewood is one Ohio city that has signed a contract with AT&T. Kent and five Columbus suburbs have contracts, too.

Lakewood's contract calls for the city and company to work together on picking sites.

AT&T has disputed the need for the contracts. But Cleveland Heights Law Director John Gibbon, experienced in telecommunications law, said the company must have an agreement to provide video service in a community.

Until Cleveland Heights has an agreement, Gibbon said the city can use a new right-of-way law to reject sites for cabinets. The city will need to cite reasons, such as concern about appearance or safety, he said.

To reach this Plain Dealer reporter:

tott@plaind.com, 216-999-5739