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Casper staff say telecom franchise limits city enforcement as fiber installs prompt homeowner complaints
Summary
City staff told the Casper City Council that franchise agreements and federal rules limit what the city can require of telecom companies installing fiber in public rights-of-way, and described the complaint and escalation process for residents.
City staff told the Casper City Council that franchise agreements and federal rules limit the city's ability to police telecom companies installing fiber in public rights-of-way, and urged residents to use the companies' customer channels and a new city one-page guide before seeking formal remedies.
The information was presented to the council by Tom Brower and Carter (city staff) after councilors and residents raised concerns about fiber installation impacts, including damaged driveways, landscaping and utility strikes. "On average, throughout the year, we get about 5 calls per week during the construction season ... Through October, we get up to, like, 15 phone calls a week," Brower said.
Why it matters: contractors routinely place fiber in public easements and city right-of-way — typically about 10 to 15 feet behind the sidewalk or in alleys — and the franchise agreements give installers permit privileges and set an informal-resolution process. Brower said the city issues permits at no cost as part of those agreements and that staff generally works with installers to resolve complaints before pursuing insurance or other formal steps.
Most of the technical detail and the staff recommendation came from Brower, who described operational practice and limits: contractors submit installation plans to engineering, staff checks for easements and general conformance with city standards, and the engineering department's Andrew maintains direct contacts with company leads to expedite repairs. Brower recounted that contractors have struck city infrastructure in the past: "We have had 9 city utilities that have been struck by these borings." He added that good contractors will do utility locates and potholing where they cross existing utilities.
On remedies, Brower said the franchise agreement favors informal fixes but allows escalation if a company is nonresponsive. "Given the franchise agreement ... if after 10 days, we haven't received resolution, then we can start a formal process with their insurance company," Brower said, while cautioning that pursuing insurance can be challenging. The city has prepared a one-page PDF for councilors and residents that lists contact information for the telecom companies, the engineering department number and an escalation path that includes the state Public Service Commission.
Discussion vs. decision: councilors asked questions but did not take formal action. Staff asked the council to use and distribute the one-page guide when constituents call, and recommended that residents first contact the provider, then city engineering if unresolved; the memo suggests the PSC as a further escalation. No motion or vote was recorded on the franchise topic during the exchange.
Practical details mentioned in the meeting include that some utilities (for example, private sanitary services) are owned by property owners and can be difficult for contractors to locate; that installation work can affect driveways and landscaping; and that city staff attempt to facilitate repairs and assign work orders when installers are slow to respond.
The council did not change policy during the discussion. Staff said they are open to additional direction from councilors and will circulate the one-page guide to council members for their use when constituents call.
