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Council approves temporary MOU with ClearWave to protect town during fiber permitting
Summary
Lake Placid approved a temporary memorandum of understanding with Harra of Florida LLC (doing business as ClearWave Fiber) to secure insurance, bonding, indemnity and a no-construction-without-permit clause while the town develops objective permitting standards under federal law.
The Lake Placid Town Council on June 8 approved a memorandum of understanding (MOU) with Harra of Florida LLC, doing business as ClearWave Fiber, intended to create interim legal protections while the town finalizes a permanent ordinance and permitting process for fiber installations in the public rights-of-way.
Town Attorney Cara Groves told council that federal law (the Telecommunications Act of 1996) starts a statutory"review clock" when a provider files a permit application and that, if the municipality fails to act within the specified timeframe, an application can be "deemed approved" without local conditions. Groves said the MOU is a narrowly tailored, temporary instrument to keep the town from being legally exposed while staff develops objective, non-discriminatory location and size standards to be codified later.
Groves outlined the key protections included in the packetinsurance requirements, a $50,000 bond to cover potential right-of-way damage, full indemnification for the town, cost responsibility for relocating cabinets when needed for road projects or other town improvements, and an express prohibition on construction without an approved permit. She said cabinet-size, location and ADA-clearance questions will be addressed through the permit process and an upcoming ordinance; the MOU buys the town time to write those standards.
Bob Nicholson, senior director of construction for ClearWave Fiber, described the project as "100% fiber to the home," primarily residential, with initial plans to serve roughly 400 homes using underground construction and a single fiber distribution hub cabinet. Nicholson said ClearWave intends to coordinate with public works, comply with 811 locates, and avoid pole-mounted construction. He reiterated the companys intent to work with the town on placement and aesthetics.
Council voted unanimously to approve the MOU and authorized the mayor to execute the agreement on the towns behalf. Attorney Groves said the MOU is temporary and that the town will return with an ordinance and permitting standards to address size, placement and objective criteria required under federal law.
