Tracy King, AT&T’s vice president for public affairs, said in a written statement that Google “appears to be demanding concessions never provided any other entity before.”

“Google has the right to attach to our poles, under federal law, as long as it qualifies as a telecom or cable provider, as they themselves acknowledge. We will work with Google when they become qualified, as we do with all such qualified providers,” she said.

via City may change rules to allow Google to attach fiber to… | www.statesman.com.

Google qualifies as an Internet Service Provier (ISP) and not a telecom or cable provider.   AT&T’s poles reside in public rights of ways.