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City considers franchise agreement with Easy Fiber; staff describe permit and inspection safeguards
Summary
City staff briefed council on a draft franchise agreement on Sept. 2 with Easy Fiber, a fiber broadband provider that is proposing a citywide buildout; staff described tightened permit submittal and inspection requirements and said staff will return Sept. 16 for a second reading.
City staff presented a draft franchise agreement with Easy Fiber on Sept. 2 and described how the city will manage right‑of‑way construction, inspections and permit conditions if the company proceeds with a citywide build.
Lehi Wu, the city engineer, told the council that franchise agreements “grant franchisees to install, operate, and maintain their systems in our streets and the parts of our right of way” and that the detailed terms of construction, restoration, relocation and tree protection are enforced through the right‑of‑way permit process. Audrey Starcey, public works director, added that staff had strengthened permit submittal requirements after past experiences, requiring stamped engineering plans, licensed surveys and certified arborist input for significant tree impacts.
Easy Fiber told staff it intends to build across four states (Texas, Illinois, New Mexico and Washington) and has a 2025 goal of reaching 500,000 homes across those markets. Under state and federal law staff said the city cannot collect an ongoing franchise fee or tax, but the franchise agreement and permits allow the city to require reimbursement for administrative and legal review costs and to set restoration, insurance and indemnification conditions.
The proposed franchise agreement would have an initial five‑year term with an option to renew for another five years. Staff reported the city currently holds franchise agreements with seven telecommunications or utility providers and that permit approval is required before any construction occurs. Staff said they had tightened inspection coverage and permit conditions to reduce the risk of repetitive digs and to increase protections for trees and the public way.
Deputy Mayor Amy Lam asked whether incumbent providers (for example, Comcast/Xfinity and Ziply) plan similar buildouts; staff said Ziply has been building in the north end and that provider plans evolve but multiple providers can operate in the same right of way so long as they obtain required permits. Staff said final franchise terms and the second reading of the ordinance will return to the council on Sept. 16 and that detailed restoration and permit conditions are handled through right‑of‑way permitting.
No vote was taken Sept. 2; staff will return with the ordinance and any negotiated edits at the next regular council meeting.
