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Whiteland council asks staff to update outdated right-of-way ordinance after Brightspeed presentation
Summary
Counsel and an outside attorney recommended updating the town's 2008 right-of-way bond and permit ordinance to address fiber-optic directional boring projects; Brightspeed representatives and town attorney discussed bond levels, insurance endorsements and approximately 60-63 right-of-way locations.
Counsel and an outside municipal attorney urged the Whiteland Town Council to modernize its right-of-way ordinance after Brightspeed representatives described a multi-location fiber deployment in and around Whiteland.
Jacob Bowman, who advised the council on the matter, said the town's bond ordinance governing right-of-way use dates to February 2008 and requires $5,000 bonds per excavation location for two years. Bowman recommended updating the ordinance to reflect current costs and to include provisions tailored for fiber-optic installations and directional boring.
Bowman outlined two main pieces of risk management presented by Brightspeed: bonds and insurance. He said Brightspeed provided an insurance policy endorsement that removes the typical contractor-exclusion, meaning subcontractor damage would be covered by Brightspeed's policy. He recommended considering a blanket bond (for example $25,000 to $50,000) across project locations rather than a low per-excavation $5,000 bond that likely would not cover serious utility damage. "A $5,000 bond per one location, if something happens, a $5,000 isn't gonna cover anything in the first place," Bowman said. (Jacob Bowman)
Brightspeed representatives told the council the full project originally identified more than 300 locations; after mapping which locations fall within town rights-of-way, Brightspeed estimated about 60 (one speaker said about 63) right-of-way locations in Whiteland. Brightspeed's Michelle Brzicki said crews prefer working in rights-of-way and along existing phone lines where feasible because it reduces ground disturbance.
Town staff and legal counsel discussed adding specifications from the Indiana Department of Transportation for directional boring and incorporating more robust bonding and insurance language to protect sewer and water laterals. Council member discussion emphasized protecting town infrastructure and ensuring the town has inspection/repair requirements before contractors move to the next location.
Action and next steps: The council asked administration and counsel to draft a revised right-of-way ordinance that: updates bond amounts and terms; includes provisions specific to fiber installations and directional boring; requires camera inspection of laterals where feasible; and clarifies inspection and repair steps before crews proceed to subsequent excavations. A council member asked staff to return with a draft at the next meeting.
Why it matters: Fiber installations reduce digital divide issues and increase broadband options, but large-scale directional boring near sanitary and water laterals creates a risk of line strikes. Updating bond and insurance language gives the town stronger tools to require repairs and claim compensation when damage occurs.
What the transcript recorded: Town attorney and outside counsel recommended modernization of the ordinance; Brightspeed said its insurance included a contractor-exclusion endorsement; Bowman recommended a blanket bond approach; Brightspeed estimated about 60 right-of-way work locations in town.
