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Council weighs Metrocom fiber permit after staff raise past damage and legal limits on right‑of‑way fees
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Summary
Councilmembers discussed a Metrocom request to install fiber and expressed concern about prior damage and litigation history by the company’s contractors; staff said federal/state licensure (ICC license) limits charging for right‑of‑way access and recommended drafting code language or a written agreement and gathering records of prior problems before deciding.
Councilmembers reviewed a Metrocom / MCC LLC request to perform right‑of‑way fiber work and debated whether the city can require deposits, escrow or limit how much work a single contractor can perform in a short period. Staff noted past repair costs and legal fees from earlier installations and said the company’s subcontractor had caused damage at multiple sites.
A staff member told the council: “One thing I’ll say about this company is they are more than willing to sue the communities that they want to get into.” The same staff member also explained legal constraints: in their view the company’s ICC telecommunications license gives it substantial access rights to municipal right‑of‑way and that requiring refundable cash escrow could be construed as an impermissible fee.
Councilmembers proposed several risk‑mitigation options: require bonds or escrow if legally permissible, limit per‑day or per‑week locates in code, or negotiate a written operating agreement that restricts concurrent boring and requires prompt remediation. Staff recommended tabling a decision until the administration drafts suggested code additions and compiles Metrocom’s history in Lebanon and neighboring jurisdictions.
Council action: the matter was placed on committee and staff were asked to return with proposed code language and documentation of prior damages and settlements.
