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County engineers seek clarifying language on broadband access to highway right‑of‑way
Summary
County engineers told the Senate they support broadband expansion but want substitute House Bill 96 revised so providers are not exempt from local right‑of‑way permits, safety standards and restoration requirements; they proposed an amendment to preserve local oversight while not subjecting providers to PUCO rate regulation.
Patrick Genetti and other county engineers told the committee that broadband expansion is a priority but that substitute House Bill 96, as drafted, would preempt crucial local oversight of work in public right‑of‑way and leave counties without standard mechanisms to require permits, safety practices and cost recovery for damages.
Genetti, Mahoning County Engineer and immediate past president of the County Engineers Association of Ohio, said the bill's broad prohibition on local regulation could remove the county engineer's ability to require permits, enforce safety standards, mandate restoration protocols or require advance notice before a broadband provider enters the right‑of‑way. "These are not bureaucratic hurdles but essential safeguards for public infrastructure and safety," he told senators.
Genetti proposed a compromise amendment that would keep broadband non‑rate‑regulated under PUCO consistent with federal law while explicitly confirming that local governments and county engineers retain authority over right‑of‑way permits, damage recovery and coordination requirements such as depth, placement, notification and traffic safety.
Ending: Engineers urged a narrowly tailored amendment that preserves broadband deployment speed while ensuring providers coordinate with local infrastructure stewards and remain accountable for right‑of‑way impacts.
