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Village attorney warns of legal limits as three companies seek to install fiber in Riverwoods right-of-way
Summary
Village Attorney Hubert reported three companies have approached the village about installing fiber in the right-of-way; he cautioned federal telecom law and recent court rulings constrain local permit fees and outright prohibitions, and staff will work on a local policy.
Village Attorney Hubert told trustees the village has received inquiries from three companies interested in installing fiber-optic infrastructure in village right-of-way and said the legal framework limits local authority to prohibit such installations.
"The village is constrained by federal law... intended to spur the spread of Internet and broadband as a sort of national priority," Hubert said, describing the legal balancing between federal and local interests. He warned that while reasonable local rules are permitted, those rules cannot have the effect of outright prohibiting installation.
Hubert cited a recent Illinois court decision that held attempts to levy certain permit fees on fiber companies may be prohibited under an Illinois statute, noting that decision is not binding in the village’s circuit but illustrating ongoing legal pressure on local fee regimes. He also described practical concerns including subcontractor oversight, restoration timetables and coordination if multiple companies try to build in the same areas concurrently.
Hubert said he has asked the county what it is doing along Riverwoods Road and Deerfield Road to understand how local installations would connect regionally, and he urged the board that the village should develop a clear policy and reasonable rules for installations and restoration. Staff will continue due diligence and policy development.
