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Brookshire council hears resident complaints over EZ Fiber digging, staff says right-of-way control limits city authority
Summary
Residents told the council EZ Fiber crews have been working on private lawns; public works staff said much of the front-yard area is public right-of-way and the city can require 'like kind' restoration but cannot stop telecoms that hold state-authorized permits. Council received the update and took no regulatory action.
Brookshire, Texas — Residents raised concerns about construction by EZ Fiber during the City of Brookshire’s Dec. 4 council meeting, and public works staff said state law and franchise rules limit the city’s ability to control where licensed telecommunications companies place fiber in public right-of-way.
At a council update, Dr. Tisa of public works said the city limited EZ Fiber to three active permits at a time and had asked the company not to work the week of Christmas and to limit boring operations. "They're not going to be doing any work the week of Christmas after Monday... No boring on Tuesday through Friday," Dr. Tisa said, adding crews are expected to resume in January and that staff expects completion in roughly three to four weeks, weather permitting.
A resident asked whether damage to property would be repaired. An unidentified speaker explained that much of the grassy frontage many residents assume is private property is in fact public right-of-way and said the city requires restoration "in some sort of like kind fashion" for the right-of-way but often does not replace private landscaping, sprinkler lines, brickwork or pavers.
A separate speaker summarized the statutory framework: "Local Government Code 283 ... establishes telecommunications rights to use public rights-of-way and establishes a franchise fee" that is distributed through the comptroller and is intended to offset inspection and permitting costs, the speaker said.
Council members and staff urged residents with questions to come to City Hall for factual information about where the lines were permitted to be placed and said the city had arranged additional inspections by Bureau Veritas to ensure work meets permit requirements. No motion or enforcement action was taken; the item was presented for discussion and information.
The public works update also noted earlier damage to some water district lines tied to the project and that coordination with the water district and engineering staff had taken place as the company completes permitted sections of the work. The council did not set additional conditions or begin a regulatory proceeding at the meeting.
