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City says state law limits its ability to regulate private fiber work after resident complaints
Summary
Xenia officials told residents the city cannot broadly regulate private broadband installers; law director cited recent Ohio law restricting municipal regulation and urged residents to use provider complaint channels or pursue civil remedies for property damage.
After residents described damaged sidewalks, disturbed landscaping and poor restoration tied to new fiber installations, the Xenia law director and city manager told the council the city’s legal options are limited.
"We have spent hours trying to find some way around this, and unfortunately the answer is no — the city has no ability to invoke regulation on these private broadband installers," the law director (identified in the transcript as Dette) said, referencing a state budget provision (cited in discussion as 4927.22) that limits municipal regulation of broadband providers.
Jim Irish, a resident who spoke during audience comments, described repeated damage in his neighborhood and asked the council to help coordinate a resident response. "Streets are getting destroyed, landscaping outside easements getting destroyed…things aren't being put back properly," Irish said. He asked council members to meet with residents and explore options to press state or federal representatives.
City staff said the providers active in the area include AT&T, Alta Fiber and Metronet, and that the city can do limited things: it can require restoration of public property when the city’s right‑of‑way is damaged and can connect residents to providers’ complaint portals. But if a provider places equipment on private easements or private property outside the city’s control, the law director said redress is most often a private civil matter for the property owner.
The law director noted a recent Fifth District case that could matter in narrow circumstances where a plat's easement language differs, but added the city generally lacks standing to sue contractors or providers for private easement work. "If a property owner believes the work is egregious, go see an attorney," she told residents.
City staff said they will publish guidance next week with practical steps for residents: how to document damage, how to file complaints with providers and when to consider legal counsel. Staff also said they have engaged with provider district supervisors to request corrective punch lists and noted some providers have returned to make repairs after the city raised concerns.
Council did not adopt new local regulation at the meeting; staff advised residents to contact state representatives if they want statutory change that would restore more local control.
