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Commission approves EZ Fiber Metro Act permit after extensive questioning on past complaints and restoration practices
Summary
Following a lengthy presentation and resident questioning about prior complaints in other cities, the commission approved EZ Fiber Texas LLC’s Metro Act permit to install largely underground fiber across the city, directing the city attorney to negotiate license terms that protect public right‑of‑way and remediation standards.
The City Commission voted to approve the Metro Act permit application submitted by EZ Fiber Texas LLC, authorizing the company to pursue permits and to install a predominantly underground fiber network across Birmingham subject to standard permitting and license agreements to protect the public right-of-way. The vote was 4–3 after a lengthy public Q&A and robust commissioner questioning about the company’s past performance in other jurisdictions.
City Attorney Mary Kucera explained that the Metro Act constrains municipal authority and that municipalities must allow reasonable access to companies that meet statutory requirements; she recommended crafting a strong local license agreement to ensure restoration, local points of contact and compliance with city ordinances. EZ Fiber representatives said the build would be largely underground, with larger cabinets at major intersections and small handhole 'flowerpot' access points serving nearby homes; they described a ticketing system with an average ticket resolution time shown in their materials.
Commissioners and residents pressed on several topics: whether EZ Fiber planned to install new poles (company said no, they would use existing poles where necessary but target underground routes), where cabinets would be sited (company will provide low-level engineering later; staff will have input), drill methods and impacts to lawns and irrigation, remediation timelines, insurance and bonding, and the company’s past stop-work order and complaints in other cities (Albuquerque, BBB accreditation loss). EZ Fiber said the Albuquerque stop-work order was lifted after process changes and improved communication; the company offered bonds/escrow and said it is open to bonding, escrow accounts or other remedies to increase resident confidence.
Given statutory limits under the Metro Act, commissioners emphasized that a thorough local license agreement and permitting oversight were the key protections the city can require. The commission approved the Metro Act permit and authorized the mayor and clerk to sign a bilateral form and directed the city attorney to ensure strict adherence to city ordinances and robust license terms governing restoration, response times and local accountability.
Next steps: city staff and the company will finalize engineering routes and cabinet locations, negotiate license agreement terms and bonding or escrow arrangements, and begin the standard permit-review process; staff said the permit review and low-level design will take further weeks to complete before construction scheduling.
