Rawlins council approves first readings for Visionary, All West franchise agreements

The Rawlins City Council on Tuesday approved first readings and waived the second readings of ordinances to grant telecommunications and cable franchises that would allow Visionary Communications LLC and All West Wyoming Inc. to build in the city’s public rights of way.

The council’s action on the first-reading motions followed a lengthy presentation by outside franchise counsel Brian Grogan, who described the ordinances as contracts giving companies "access to companies that need really ubiquitous access throughout all of the city to be able to serve residents and businesses." Grogan said the draft agreements aim to create consistent rules among providers and to capture compensation for the city’s use of public property.

Grogan told the council that cable companies such as All West will pay a 5% franchise fee on traditional cable revenues — a standard practice he said "is consistent with what many operators throughout the United States will pay" — while broadband revenue is not subject to that fee because federal and state law prohibit it. The All West franchise also would provide one PEG (public, educational, governmental) channel and complimentary cable service to eight locations, Grogan said.

Grogan described the Visionary Communications franchise as a 20-year telecom agreement that mirrors many of the Lumen terms the city has negotiated. He said the 5% cap on franchise fees is constrained by federal law: "In some, there is a 5% cap under federal law." Grogan also emphasized insurance, indemnification, construction and performance bonds, and a replenishing letter of credit to allow the city to draw liquidated damages if a company fails to meet franchise terms.

Representatives for both companies answered council questions. Kyle Farley, director of regulatory affairs for Visionary, said Visionary is "a Wyoming based company out of Gillette" operating for more than 30 years and intends to construct its own system rather than wholesale off another provider. Marty Corlo of All West said his company builds fiber and offers cable, broadband and phone services, warning that initial construction "will be disruptive in the initial" but arguing the long-term benefit of fiber.

Council members pressed staff on operational impacts, including permitting load and staff capacity. Grogan said the city can handle the work but warned it will "put a strain on the staff" if multiple companies build simultaneously. Council member Derek Elliott asked whether the 5% fee is negotiable; Grogan said the cap is statutorily constrained.

After discussion, the council voted 7-0 to approve first reading and waive the reading for Visionary Communications LLC and then voted 7-0 to approve the All West Wyoming Inc. franchise first reading.

The measures advance the ordinances to subsequent readings and final action at a future council meeting; Grogan and staff said a parallel Lumen franchise is near completion and that Charter/Spectrum remains in a holdover status pending further negotiation.

Votes at a glance: Visionary Communications LLC — first reading and waiver approved 7-0; All West Wyoming Inc. (cable) — first reading and waiver approved 7-0.

What’s next: Staff will finalize permitting requirements, construction bond levels and a right-of-way permit fee schedule to manage multiple builds and protect city infrastructure.