Daryl Parks, the attorney representing "Cleveland Broadband Consumers" in claiming AT&T is "redlining" service in Cleveland and elsewhere, is pledging to open a multi-front legal attack on the company, including raising questions about its fitness for the multi-billion-dollar contract to manage FirstNet, the government's first-responder network project.

AT&T has said it does not redline and continues to invest in wired and wireless broadband in Cleveland and elsewhere, but Parks is not persuaded.

Parks has sent a letter to AT&T and its board warning that "in the near future," he plans to certify a class for a class-action suit, bring a formal redlining complaint at the FCC, and "raise with the nation’s governors the issue of AT&T’s suitability to manage the emergency communications service FirstNet, given the urgency of providing service to low-income communities by first responders in disasters such as Hurricanes Andrew, Katrina and Sandy."

AT&T has been awarded the multibillion dollar, 25-year contract to build and maintain FirstNet, the interoperable first responder public safety network.

Parks also said he plans to talk with "civil rights leaders, unions, public interest and consumer organizations, and African-American law enforcement organizations."

James Meza, AT&T senior vice president and assistant general counsel, said in a letter to Parks, a copy of which was supplied to Multichannel News, that the company takes the complaint seriously, has invested $135 billion over the past five years to ensure "Americans of all income levels" can get internet service, will continue to expand its Ohio networks, and is promoting broadband adoption by low-income customers.

As to the redlining charge, Meza said AT&T doesn't do it, period.

Parks, who gained national prominence as the attorney for the families of Trayvon Martin and Michael Brown, was denied a request to speak at the AT&T board meeting last month about his clients allegations. He had earlier signaled he would be suing AT&T.

Parks is representing families in Cleveland who allege they have been "severely impacted" by a lack of connectivity. Broadband access advocates the National Digital Inclusion Alliance (NDIA) in March alleged that AT&T discriminated against low-income Cleveland neighborhoods in deployment of home Internet and video over a decade. Parks cites NDIA maps in signaling he was not persuaded by Meza's letter, which includes the assertion that the NDIA study is flawed and its conclusions "specious."

"AT&T's investment decisions are based on cost and demand forecast modeling to determine where we can serve potential customers and, at the same time, recover the costs of deployment," Meza said. Factors include topology, aerial vs. more expensive buried cable, the competition, the customer base size, the density of households, "civic cooperation," and more. "They do not [emphasis his] include household income, race or ethnicity."

Meza said the study also does not factor in the ubiquitous availability of LTE mobile broadband.

Attorney Daryl Parks said AT&T has denied his request to speak at its shareholders meeting about his clients' allegations of broadband redlining in Cleveland, though a copy of that letter signaled that AT&T would share his concerns with the board.

Parks earlier this week said those clients would be suing AT&T over the issue and wanted to bring that to shareholders' attention personally. That comes as AT&T is trying to get its merger with Time Warner approved by the Justice Department, a point Parks made in announcing the suit.

"Yesterday I received a fax from AT&T’s Stacey Maris, senior vice president, assistant general counsel and secretary in response to the letter we delivered April 24th," Parks told Multichannel News. "AT&T has specifically denied my request to speak at the annual shareholders meeting that occurs this Friday, April 28, 2017. Stating that 'The agenda for our Annual Meeting is already established, but if you attend our Meeting, I hope you find it informative and enjoyable.'"

Parks, who represented the family of Trayvon Martin, said AT&T did not address his request for a meeting or the merits of the allegations. He said the company was stonewalling, that the issue "will not simply disappear" and that redlining was not confined to Ohio.

"So from this point, we intend to generate a national dialogue about unequal and unfair essential broadband services," he said. "We fully expect to move AT&T from its current posture of denial to one of acceptance, and then to one of correction, change and reconciliation."

An AT&T spokesperson was not available for comment at press time, but the company said in response to the threatened suit: "We don't favor any demographic when it comes to providing any service we offer. The market for internet service has never been more vibrant and competitive, both wireless and wireline. We would like nothing more than to serve every customer in Cleveland that wants our services.”

According to a copy of the full letter obtained by Multichannel News/B&C, AT&T did agree to share his letter and the allegations with the members of the board, and said he Parks was welcome at the meeting.

The text of the letter appears below:

Dear Mr. Parks

We Have received your letter dated yesterday. Whle I won't comment on the specifics of your letter here, I want to confirm for you that it will be shared with our Board of Directors for its consideration. In addition, as a shareholder, you are warmly invited to attend our Annual Meeting on Friday here in Dallas. As you know, all our proxy materials mayh be found at www.proxy.att. The agenda for our Annual Meeting is already established, but if you attend our meeting, I hope you find it informative and enjoyable.

Sincerely,
Stacey Maris.