The results of the post fight will probably truly have a profound effect on which communities get which do not and Google Fiber.

“The infrastructure must be largely above ground,” said MoffettNathanson Research analyst Craig Moffett. “You can not carry on … if you do not have post accessibility.”

Similar conflicts have played out in other cities throughout the country, impeding Google’s multibillion-dollar software while opponents push forward with their particular gigabit-speed offerings.

AT&T as well as the cable TV organization representing Time Warner Cable and Comcast have told state regulators that Google has no such right. And Google contends that a group that contains Google rivals as members, additionally, and commands many Bay Area utility poles has been obstructing access to the posts.

The only California city where Google has committed to supplying blazing fast Internet, in San Francisco, the organization is going to rent a small fiber network, removing the post issue — for now.

The Northern California Joint Pole Association has refused to allow membership to Google, based on the letter of Schlick, and membership is required for accessibility to the posts of the group. Among the members of the organization are AT&T and Comcast, both enlarging their particular gigabit-speed Internet services.

Although cities including Oakland, Walnut Creek and Concord vigorously pursued Google’s high speed Internet service after it absolutely was declared in 2010, no East Bay cities have been selected by the organization.

Various laws gives telecommunications companies and cable TV businesses the right to make use of freely and privately owned utility poles, generally with per-post fees. Google sells a TV- claims standing and Internet Google Fiber bundle as a cable TV business. The PUC concurs.

“Cable television corporations supply video programming to subscribers for a fee over cable. Google is supplying video to subscribers for a fee over cables. So, Google is running as a cable television corporation,” commission representative Constance Gordon said.

But the California Cable & Telecommunications Association, which represents several competitions that are Google, including Time Warner Cable and Comcast, says the commission’s investigation falls short.

“Google Fiber desires the advantages of a controlled cable corporation with no related regulatory burdens,” she wrote.

AT&T has also argued before state regulators that Google is not a cable TV business. But AT&T has an 2014 deal with Google that lets the Internet giant to get AT&T posts any place in the U.S., and the firms have special licensing agreements insuring Palo Alto, San Jose, Sunnyvale, Santa Clara and Mountain View, said AT&T representative Dan Conway.

While Google has cut deals with AT&T and more lately with PG&E for post accessibility, the firm has not been able to fix posts in several places as other parties control the posts it desires.

In San Jose, where city and Google officials are planning for citywide fiber rollout, most utility poles are controlled by the post organization and only members can get those, according to Michael Liw, the deputy director of public works in the city.

Google and Sunnyvale have signed a preliminary deal on Google Fiber service. But, the post organization possesses the bulk of utility poles in Sunnyvale, based on city records as well as the problem of accessibility hasn’t been worked out.

In Mountain View, PG&E owns almost all posts, or shared between PG&E and a communications firm. “While our arrangement with Google supplies access to PG&E posts, we’ve discussed with Google it has to contact the communications utility for accessibility to collectively owned poles,” said PG&E representative Tamar Sarkissian.

Yet, in Palo Alto, the post organization commands just 5 percent of the utility poles. Some 90 percent are collectively owned by the city and AT&T. “No issues to report,” city representative Catherine Elvert said, seeing the city’s work together with the two firms on Google Fiber post accessibility. The council may act on a strategy this year, she said.

Santa Clara commands virtually all its utility poles. Google has finished most of the preliminary work needed before determining whether it’ll commit to supplying Google Fiber in Santa Clara, said Larry Owens, customer services supervisor for the utility, Silicon Valley Power in the city.

In San Francisco, a rollout beyond that planned for a restricted variety of condominiums, flats and affordable housing units would likely place Google at odds with the post organization, unless the business as well as the group come to an understanding. The post group, which declined to comment on the Google Fiber problem, controls about half San Francisco’s posts, based on city records.