Comcast is suing San Jose on First Amendment grounds.
SJ's quid pro quo for renewing Comcast's cable monopoly was providing public internet access for the council.
So here's a radical suggestion. Instead of handing out a monopoly, open the cable poles to anyone who wants to run wires on it. Encourage community wireless networks to be formed.
Anyone want to help lobby for this? Offer advice? firstname.lastname@example.org