Council hears Forged Fiber franchise pitch, presses for details; decision moved to March
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Summary
Public Works staff presented a draft franchise agreement for Forged Fiber 37 LLC, an AT&T subsidiary acquiring Lumen fiber assets. Council questioned vague contract language, potential construction impacts and interactions with EZ Fiber; the item was continued for formal consideration in March.
Public Works Director Madden briefed the Milton City Council on Feb. 17 about a franchise application from Forged Fiber 37 LLC, a subsidiary formed to acquire certain Lumen fiber assets in the city's right‑of‑way. Madden said the draft agreement would not give Forged Fiber the right to begin work without required street‑work permits and that the contract had been vetted by the city's legal and contracting staff.
Council members pressed for clarity on broad terms. "I kept reading terms that seemed very vague, like, related facilities. I don't know what a related facility is," said Council member Mounts, who asked whether the contract could allow permanent structures or wireless towers and what the 24‑hour notice provision would mean for residents.
Greg Busch, outside counsel for Forged Fiber 37 LLC, answered that AT&T purchased "a specific portion of Lumen's assets in the right of way" covering fiber optic facilities and that purchased fiber would likely be retained rather than torn out. "Facilities is a defined term... if it enables the functioning of the fiber optic facilities, then those are related facilities," Busch said, adding he was not aware of plans to remove the assets the company purchased.
Public Works staff said the franchise document is citywide and that detailed route and construction plans typically come after initial franchise approval; the council was told it could deny a franchise under municipal code if the right‑of‑way cannot accommodate additional facilities. Staff also noted the city favors undergrounding utilities for resiliency and that new poles or towers would not be allowed in the right‑of‑way under the draft agreement.
Council members raised concerns about concurrent projects: EZ Fiber's ongoing installation in Milton was cited as an unresolved operational question about overlapping construction and resident impacts. Madden said staff will follow up with legal counsel and bring additional information back at the first March council meeting.
Outcome: discussion only; the franchise application will return to council for formal consideration in March with follow‑up information from staff and legal.
