Broadband dispute escalates as Kentucky officials slam company over dark fiber access

LOUISVILLE, Ky. (WDRB) -- A severed line in Kentucky’s statewide broadband network has reignited tensions between state officials and a private company tasked with helping expand high-speed internet across the commonwealth.

The KentuckyWired network, which provides internet backbone service to public institutions, took a hit during flooding several weeks ago. A portion of the line connecting Frankfort to Somerset was severed—disrupting a cable that contains 288 strands of fiber. About half of those strands are known as “dark fiber,” which means they are not actively being used but are intended to support broadband expansion in underserved communities.

The Kentucky Communications Network Authority (KCNA), the state agency that oversees KentuckyWired, said those dark fibers are critical. They’re meant to be leased to local internet service providers (ISPs) to help bring broadband to rural and underserved areas.

But in a recent virtual board meeting, KCNA Executive Director Doug Hendrix publicly criticized Accelecom, also known as Open Fiber Kentucky, for failing to meet that obligation.

“A big one is Open Fiber’s failure to meet the foundational requirement of this project—that the KentuckyWired network is an open access network, with the goal being to expand broadband to the commonwealth,” Hendrix said.

In response, Open Fiber/Accelecom pushed back, saying it is the state that breached the contract.

"We intend to prove that KCNA has repeatedly breached its contract with Accelecom, culminating in its unilateral decision to terminate the parties’ agreement and disconnect the customers it was created to serve. Those customers include more than 240 healthcare clinics and hospitals, 634,000 K-12 students, 44 internet service providers that serve tens of thousands of residents—many in rural areas—and hundreds of businesses," Accelecom CEO Brad Kilbey said. "Any suggestion that the court has resolved the parties’ disputes in KCNA’s favor—or that KCNA has conducted its relationship with Accelecom in good faith—is categorically false."

Hendrix claimed several ISPs have reached out to KCNA in frustration, saying Open Fiber/Accelecom either denied them access to the dark fiber or claimed they had a policy against leasing it.

“We have had several ISPs contact us directly requesting dark fiber, complaining that they contacted Open Fiber and were told there is a policy against it—or they just were not interested in leasing it to them,” Hendrix said.

In another written statement May 6, Kilbey said the suggestion Accelecom isn't fulfilling KentuckyWired's mission is "simply untrue.

"... KCNA has multiple requests from us to activate dark fiber customers dating back as early as December of 2023," Kilbey said. "They have not approved these or any other connections in nearly two years. Accelecom will continue to fight to make sure the citizens of Kentucky have the right to use the network and to ensure that KCNA honors its contractual obligations."

KCNA terminated its contract with Open Fiber/Accelecom in January. A Franklin Circuit Court ruling later ordered KCNA to give Open Fiber/Accelecom customers at least 30 days’ notice that the contract had ended.

The dispute raises new questions about how Kentucky can close the digital divide—and who should be held accountable when key players fall out.

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