Oro Valley approves fiber-to-the-home right-of-way licenses for two providers

The Oro Valley Town Council approved right-of-way license agreements enabling fiber-to-the-home service by two providers, Wired Fiber and Novos Fiber, during the June 18 meeting. The council adopted Resolution R25-31 by a unanimous 7-0 vote.

Information Technology Director Scott Zufelt explained that federal and state law encourage broadband deployment and limit municipalities from using rights-of-way authority to obstruct or favor providers. "By law, municipalities cannot use the rights of way authority to inhibit broadband development or deployment," Zufelt said, adding the town must keep fees reasonable and non-discriminatory.

Staff described several requirements the town included in the license agreements: a 30-day homeowners-association notice and an HOA meeting prior to construction in private neighborhoods; HOA agreements before construction in private roads; and a pictorial or video record of project areas before and after construction to verify restoration. Zufelt said the town will enforce permitting, inspections and construction standards and coordinate with utilities to avoid conflicts.

Council members raised quality and durability concerns about microtrenching methods that place fiber within or next to pavement. Zufelt and staff said the town will restrict microtrenching (allowing one microtrench per side in limited circumstances), require licensed contractors to meet town standards, apply pavement moratorium rules on recently resurfaced streets, and monitor construction closely.

Mayor Winfield moved approval of Resolution R25-31 and Councilmember Green seconded. The motion passed 7-0.

Ending: Council directed staff to monitor installations and to enforce pavement and restoration standards.

Actions: The council approved right-of-way license agreements for Wired Fiber and Novos Fiber (Resolution R25-31).