Open Access
UTOPIA Fiber Goes to Court in Utah Over American Fork’s Build Permit Refusals
Fiber builder says it has been denied permits that have harmed it and its customers, despite an existing city agreement.

October 13, 2021 – UTOPIA Fiber filed a lawsuit Wednesday against the city of American Fork in Utah for breach of contract after the city allegedly denied build permits to the fiber builder despite there being an existing contract between the two parties.
The fiber provider, which runs an open network on which private telecoms rent space on to provide services, alleges the city had approved some permits that only allowed it to construct backbone transport lines through the city connecting other cities, but denied it key permits that would have allowed it to extend services to UTOPIA Fiber customers inside the city. Those services include connections to American Fork’s public schools.
In July 2020, the city allegedly terminated the 2018 rights-of-way agreement with no explanation, the lawsuit claims. It also alleges that the city specifically discriminated against UTOPIA Fiber by adding additional scrutiny to its permit requests when it believed no such scrutiny existed for other providers.
Broadband Breakfast attempted to make contact with the city, but a phone call was not answered and a voicemail message was not returned by the time of publication.
“American Fork’s refusal to approve permit requests by or for UTOPIA for service laterals for customers within American Fork has harmed UTOPIA, its customers, and the private ISPs who wish to offer services within American Fork using UTOPIA’s Network,” the lawsuit said. “In some cases, UTOPIA has been forced to buy capacity from other network providers that are allowed to install infrastructure in American Fork, so that UTOPIA can fulfill existing contracts with its customers.
“In other cases, UTOPIA has been forced to cancel existing customer orders for connections within American Fork and has lost significant revenues as a result,” the suit added. “UTOPIA has also recently been forced to cancel or reject over a dozen additional customer orders because UTOPIA is unable, due to American Fork’s conduct, to obtain the permits needed to fulfill those orders, and again lost significant revenues as a result.”
In a press release, UTOPIA’s executive director Roger Timmerman said the lawsuit was a “last resort and not an easy decision to make.
“It is our hope that with judicial review, American Fork City will reverse its policies, work within the boundaries of the law, and ultimately, act in the best interest of the people and businesses in American Fork City by allowing them access to the increased options UTOPIA Fiber provides,” Timmerman added.
UTOPIA Fiber is asking the U.S. District Court for the District of Utah to force the city to pay the company damages sustained as a result of the alleged actions, to find the city violated the law with respect to its actions, and to force the city to cease the alleged “discriminatory and preferential actions” against the company.
UTOPIA Fiber, a sponsor of Broadband Breakfast, has designed, built, and operated more than $330 million worth of fiber projects in the state since 2009.
Open Access
Gigapower Exec Pitches Value of Open Access Networks to Maximize BEAD Money Efficiency
The open access model allows multiple ISPs to use the same infrastructure. That could benefit Gigapower.

WASHINGTON, September 13, 2023 – Gigapower is in talks with state broadband offices about potentially building out open access infrastructure with grants from the Broadband Equity, Access and Deployment Program, the company’s CEO said Wednesday.
“I think that when the time comes for BEAD, this platform will be a perfect fit,” Bill Hogg, the company’s CEO, said at a Broadband Breakfast Live Online event.
That’s because consumers could still choose from multiple internet providers offering different services at different price points, all on BEAD-funded Gigapower infrastructure, Hogg pitched. The traditional ISP-owned infrastructure model would only bring service from the provider that won a state contract to expand their network, he claimed.
“They like the idea that multiple ISPs will be able to bring choice to their constituents,” he said of state broadband officials. “They don’t have to pick a winner or a loser.”
Gigapower, a joint venture between AT&T and the investment firm BlackRock, is already slated to build a 1.5-million-location open access network. That means it will own and operate a fiber network while allowing multiple internet service providers to use that network to connect individual homes and businesses.
Spawned from the Infrastructure, Investment, and Jobs Act, the BEAD program allocates $42.5 billion to subsidize broadband infrastructure – primarily fiber – in areas that still lack adequate internet service because of geographical barriers or low population density. After submitting initial proposals by the end of the year, states will be able to start doling out this money to fund projects.
Gigapower is actively looking to add more service providers to its lineup, Hogg said.
“We fully intend to have other ISPs on the network,” he said. “We’re having good discussions with potential future tenants.”
Benefits of open access
AT&T will be the first tenant on the open access network, part of its deal with Blackrock. The telecom is looking to reach more people as quickly as possible, said Erin Scarborough, its president of broadband and connectivity, but building out fiber is costly and expensive. Making use of a network outside the company’s existing infrastructure will make it easier to expand into new areas and was a key motivator for investing in the project.
“That’s one of the key tenets of this agreement and why we were looking to do it,” Scarborough said.
The open access model is a departure from the norm in American telecommunications. There are regional open access networks like Utah’s UTOPIA Fiber, but large ISPs have traditionally opted for the security of owning and operating their own networks.
“When you start thinking about operating more efficiently with less capital, sharing networks has always made sense,” Hogg said. “We think that this model is going to break down the historical bias telecos have had about not controlling all the assets.”
Despite the company’s investment in the project and first-provider status, Scarborough and Hogg were emphatic that AT&T will not have a management role over the network.
“We are the network operator,” Hogg said of Gigapower. “We own the assets. We own the negotiation for the commercial terms.”
Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation.
Wednesday, September 13, 2023 – AT&T and BlackRock’s Gigapower Joint Venture
In December 2022, AT&T and BlackRock, through a fund managed by its Diversified Infrastructure business, jointly invested in the Gigapower joint venture that is expected to build fiber connectivity to an initial 1.5 million customer locations beyond AT&T’s current footprint. Notably, AT&T will rely on a commercial wholesale open access platform, where multiple providers share space and compete for customers over the same fiber infrastructure. Could Gigapower alter the historical reluctance of U.S. telcos toward such networks? How will the deployment impact open access projects throughout the United States? Get the facts from this special Broadband Breakfast Live Online event.
Panelists:
- Bill Hogg, CEO of Gigapower
- Erin Scarborough, President, Broadband and Connectivity Initiatives at AT&T
- Adam Waltz, Managing Director at BlackRock Infrastructure
- Roger Entner, Founder and Lead Analyst of Recon Analytics
- Drew Clark (moderator), Editor and Publisher, Broadband Breakfast
Adam Waltz is a Managing Director in BlackRock’s Global Infrastructure Fund focused on investments in digital infrastructure opportunities across fiber networks, data centers, and wireless infrastructure. He serves as a Board Director at Gigapower, BlackRock’s joint venture with AT&T to develop a commercial wholesale open access platform on a state-of-the-art fiber network.
Bill Hogg leads Gigapower, an open access, wholesale fiber broadband company that builds and operates fiber solutions lit for fast connectivity and designed for network resiliency and reliability. Bill retired as President, AT&T Technology Operations, and was responsible for all planning, investment, engineering, construction, delivery, and assurance of AT&T’s wireless and wireline networks. Previously, Bill served as President-Technology Development, responsible for the development of AT&T’s products and services, digital experiences for customers, and systems supporting the operations across AT&T’s networks and services.
Erin Scarborough leads the team responsible for AT&T’s efforts to connect more Americans to greater possibility through fiber and wireless 5G investment initiatives, participating in government funding programs and public private partnerships. She and her team are taking a strategic, state-by-state approach working closely with state and local governments as they assess their broadband access, affordability and adoption needs. She also leads the combined broadband and mobility product management teams and has cross-functional responsibility for product profitability, pricing, customer experience, product design, multi-year roadmaps, development, and value-add services across the product portfolios.
Roger Entner advises telecom, media and technology companies on strategic and tactical business as well as public policy issues to allow them to compete better in the marketplace. Some of the challenges he helped to address are mobile market trends and business drivers and how to position themselves for growth and profitability, TMT convergence, bundling, changes in media consumption, software-defined networking, transition from MVNO to MNO, as well as providing the evidence and arguments for light touch wireless regulation and spectrum allocation for 5G. Under Roger’s leadership, Recon Analytics has launched the fastest and most agile telecom insights service based on more than 400,000 respondents across consumer mobile, home internet and business telecom customers.
Breakfast Media LLC CEO Drew Clark has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.
As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.
SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTube, Twitter and Facebook.
See a complete list of upcoming and past Broadband Breakfast Live Online events.
#broadbandlive
Broadband Breakfast on September 13, 2023 – AT&T and BlackRock’s Gigapower Joint Venture
Gigapower CEO Bill Hogg and AT&T President Erin Scarborough headline event.

See Gigapower Exec Pitches Value of Open Access Networks to Maximize BEAD Money Efficiency, Broadband Breakfast, September 13, 2023
Our Broadband Breakfast Live Online events take place on Wednesday at 12 Noon ET. Watch the event on Broadband Breakfast, or REGISTER HERE to join the conversation in the webinar.
Wednesday, September 13, 2023 – AT&T and BlackRock’s Gigapower Joint Venture
In December 2022, AT&T and BlackRock, through a fund managed by its Diversified Infrastructure business, jointly invested in the Gigapower joint venture that is expected to build fiber connectivity to an initial 1.5 million customer locations beyond AT&T’s current footprint. Notably, AT&T will rely on a commercial wholesale open access platform, where multiple providers share space and compete for customers over the same fiber infrastructure. Could Gigapower alter the historical reluctance of U.S. telcos toward such networks? How will the deployment impact open access projects throughout the United States? Get the facts from this special Broadband Breakfast Live Online event.
Panelists:
- Bill Hogg, CEO of Gigapower
- Erin Scarborough, President, Broadband and Connectivity Initiatives at AT&T
- Adam Waltz, Managing Director at BlackRock Infrastructure
- Roger Entner, Founder and Lead Analyst of Recon Analytics
- Drew Clark (moderator), Editor and Publisher, Broadband Breakfast
Adam Waltz is a Managing Director in BlackRock’s Global Infrastructure Fund focused on investments in digital infrastructure opportunities across fiber networks, data centers, and wireless infrastructure. He serves as a Board Director at Gigapower, BlackRock’s joint venture with AT&T to develop a commercial wholesale open access platform on a state-of-the-art fiber network.
Bill Hogg leads Gigapower, an open access, wholesale fiber broadband company that builds and operates fiber solutions lit for fast connectivity and designed for network resiliency and reliability. Bill retired as President, AT&T Technology Operations, and was responsible for all planning, investment, engineering, construction, delivery, and assurance of AT&T’s wireless and wireline networks. Previously, Bill served as President-Technology Development, responsible for the development of AT&T’s products and services, digital experiences for customers, and systems supporting the operations across AT&T’s networks and services.
Erin Scarborough leads the team responsible for AT&T’s efforts to connect more Americans to greater possibility through fiber and wireless 5G investment initiatives, participating in government funding programs and public private partnerships. She and her team are taking a strategic, state-by-state approach working closely with state and local governments as they assess their broadband access, affordability and adoption needs. She also leads the combined broadband and mobility product management teams and has cross-functional responsibility for product profitability, pricing, customer experience, product design, multi-year roadmaps, development, and value-add services across the product portfolios.
Roger Entner advises telecom, media and technology companies on strategic and tactical business as well as public policy issues to allow them to compete better in the marketplace. Some of the challenges he helped to address are mobile market trends and business drivers and how to position themselves for growth and profitability, TMT convergence, bundling, changes in media consumption, software-defined networking, transition from MVNO to MNO, as well as providing the evidence and arguments for light touch wireless regulation and spectrum allocation for 5G. Under Roger’s leadership, Recon Analytics has launched the fastest and most agile telecom insights service based on more than 400,000 respondents across consumer mobile, home internet and business telecom customers.
Breakfast Media LLC CEO Drew Clark has led the Broadband Breakfast community since 2008. An early proponent of better broadband, better lives, he initially founded the Broadband Census crowdsourcing campaign for broadband data. As Editor and Publisher, Clark presides over the leading media company advocating for higher-capacity internet everywhere through topical, timely and intelligent coverage. Clark also served as head of the Partnership for a Connected Illinois, a state broadband initiative.
As with all Broadband Breakfast Live Online events, the FREE webcasts will take place at 12 Noon ET on Wednesday.
SUBSCRIBE to the Broadband Breakfast YouTube channel. That way, you will be notified when events go live. Watch on YouTube, Twitter and Facebook.
See a complete list of upcoming and past Broadband Breakfast Live Online events.
Fiber
Automation Exchange Announces New Managed Services for Fiber Operators
The service provides a centralized communication hub and technical support for open access networks.

ORLANDO, August 21, 2023 – South African fiber software company Automation Exchange announced Monday here at Fiber Connect the addition of a new managed services offering that provides new software for fiber operators needs to deploy and support open access broadband networks.
“AEX offers network operators unparalleled scalability,” said Greg Mclaughlin, the company’s new CEO. “Throughout comprehensive managed services and tested and proven integrated [operations support system and business support system] software, AEX’s complete solution enables operators to efficiently plan, build, maximize, operator and support both greenfield and brownfield networks with remarkable speed.”
Mclaughlin said in a press conference that the software will allow providers to automate their systems and hand off the hard work to AEX so they can focus on building out their networks with maximum efficiency.
Jim Sanders, vice president of sales and marketing, said that the company seeks to make it as easy as possible for internet service providers to get internet out to unserved and underserved communities as fast as possible by providing solutions to minimize upfront heavy lifting.
AEX helps open access fiber network operators, which lease fiber infrastructure to deliver services to the end user. The software services offered by AEX include a network operations center, equipment supply, installation and commissioning, technical support, virtual internet service provider and service desk. Additionally, AEX directly supports operator customers, acting as the single point for all network queries and technical issues.
John McLauchlin, vice president of implementation at AEX, said at the press conference that the company’s “support structure provides efficient escalation, granting appropriate access enabling our trained professionals to deliver a superior customer experience.”
Mclauchlin added that the company’s success in helping to build open access networks in South Africa has given AEX the expertise to do the same in the United States. AEX says that its software platform talks to all different entities on the network to centralize communication and simplify the process of operating a network.
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