Cowlitz County public works schedules hearing on Lightspeed Networks franchise; staff explains rights-of-way rules

At a public‑works agenda review, Anna Lunde, right‑of‑way agent for Cowlitz County Public Works, told commissioners that LS Networks (Lightspeed/Instastar) is seeking a 10‑year telecommunications franchise to place fiber, poles, vaults, conduit and splice cases in county right of way. "They are seeking to have another for 10 years," Lunde said, and the county has a public hearing on the request scheduled for the board meeting the following day.

Lunde explained what a franchise is and how it applies to county right of way: "A franchise is an agreement that is held between county and different entities ... lands dedicated for transportation," she said, adding that franchises can cover utilities such as water, sewer or telecommunications. She said that most of LS Networks’ new equipment is above ground and typically attached to existing poles held by other franchise holders, such as the public utility district (PUD) or telephone companies.

On fees and payments, Lunde said Cowlitz County generally does not charge an ongoing fee simply to occupy the right of way; applicants pay for staff time, publication and processing of the application. She noted an exception under federal cable law: cable operators subject to the Cable Act pay PEG (public, education and government) funds that help support local public‑access equipment and streaming, such as community television services. "Those PEG funds facilitate that," Lunde said.

Lunde described a recordkeeping effort she has led to catalog the county’s franchise agreements and supporting documentation. She said the county’s repository — a records‑management system — is being used to organize which agreements exist, which need replacement, and to help permit inspectors determine whether a franchise is active before processing a permit.

The commissioners asked about responsibilities when multiple parties attach to a single pole. Lunde said having a county franchise does not automatically grant access to a third party’s equipment; each provider must secure its own agreement with the pole owner (for example, the PUD). She said the franchise seeker—rather than the county or the landowner—generally initiates the franchise process, though the county will sometimes contact franchise holders when county projects require relocation of lines.

Lunde also said the county has moved away from very long franchise terms and is seeking to keep new agreements in the 10‑ to 15‑year range because insurance levels and technology change over time; historically some agreements ran 25 to 50 years. No vote was taken at the agenda review; commissioners were briefed and staff confirmed the public hearing date and next steps for processing the franchise application.