Council advances fee schedule to cover fiber, cabinets and other right-of-way infrastructure in first reading

Fall River City Council passed a motion on first reading to amend the city's right-of-way fee schedule so it explicitly covers cable, fiber, cabinets and related equipment in the public right of way.

Corporation Counsel Alan Rumsey and Dan Aguiar, the city's director of engineering and planning, told the council the draft language mostly folds fiber and cabinet charges into an existing fee schedule rather than creating a wholly new ordinance. "I think having fiber Internet in the city will be a great thing for the city of Fall River," Rumsey said, and added the proposal was developed after reviewing other municipalities and consulting staff who have been working with providers.

The amendment adds language to the fee schedule under the existing reference given in the meeting as Section A110-1, Chapter 2 Administration, Fees 2-453, subsection 26 to include "cable, wire, fiber, and cabinets." It also creates a daily accrual fee for unused or abandoned poles and cabinets and extends the fee scheme to city-owned property as well as the right of way. "Something we thought was important to add ... is when we end up with a provider that has unused equipment, whether they be poles, cabinets, that they just leave behind," Rumsey said.

Council members and staff discussed practical details the amendment is intended to address: some proposals are above-ground (hanging off existing poles that may be jointly owned by utilities such as National Grid or Verizon/AT&T), while about 30 percent of planned work is underground and therefore subject to street-opening and restoration rules administered by the engineering office. Aguiar noted a submitted plan for a cabinet near Ruggles Park that would have occupied lawn area and could prevent future sidewalk placement, prompting staff to seek siting revisions.

Rumsey said the language and dollar amounts were informed by an FCC decision on small-cell facilities that the city previously used for wireless fees: "in that FCC decision ... they basically said that a $270 annual fee for a pole ... is reasonable," he said; the proposed schedule applies comparable figures to fiber and related infrastructure. The council heard that the city is not yet in a position to require a single provider to cover the entire municipality; City Administrator Aiken had solicited multiple firms and one provider, Tilson, is further along and prepared to file the standard petition to the city clerk to use the right of way.

Councilors asked whether existing pole owners or incumbent cable providers (Comcast was discussed) would be charged or grandfathered; staff said whether existing installations can be charged retroactively is unresolved, but the fee structure would apply to new construction going forward. Aguiar and Rumsey walked councilors through operational issues: coordination with utility pole owners, restoration standards for streets and sidewalks (including five-year moratorium streets), and the need for complete plan sets broken down street-by-street so the council can review petitions in digestible pieces.

The council voted to pass the amendment through its first reading. The vote was recorded in the meeting as in the affirmative with a motion, a second and voices of "Aye." No roll-call tally for named members was provided in the transcript.

Why it matters: the change prepares the city to collect consistent fees from companies building fiber infrastructure and to require removal or daily fees on abandoned equipment. Councilors flagged coverage equity concerns — one member urged protections so a provider cannot serve only the most profitable neighborhoods — and asked whether the city should consider hiring a consultant to manage incoming proposals and proposals' technical review.

Next steps: the ordinance amendment will return for subsequent readings; Tilson is expected to file a formal petition with the clerk for use of the right of way and the council will review petitioned plans in future hearings.