Lexington council to consider franchise with Windstream Kinetic while pursuing stronger right-of-way rules

Town Administrator Rachel Gleton presented a draft franchise agreement with Windstream Kinetic modeled on identical agreements the town negotiated with Lumis and Ripple. Council members said they want stronger protections for neighborhoods and faster, clearer repair and notification requirements after repeated problems with utility contractors damaging roads and yards.

"Based on us learning that this is habitually and repeatedly an industry that likes to play fast and loose with utility easements," one council member said, expressing concern about repeated utility hits and neighborhood impacts. Council members asked whether the agreement or a town ordinance could require provider notification maps, minimum box placement standards, faster repair timelines, or construction bonds to guarantee repair work.

Legal counsel noted that section 1.3 of the model agreement preserves the town's authority to adopt ordinances regulating public rights-of-way so long as such rules apply equally to certified providers, and said the town could adopt an ordinance governing notice, repair timelines and bonds; if the ordinance conflicts with state law the town may need legislative changes. Counsel referenced House Bill 3571 (Act 65) and said the town would work with its legislative delegation if amendments are required.

Council voted unanimously to place the Windstream franchise agreement on a future agenda so crews in neighborhoods already experiencing construction can be governed by a formal agreement; members also directed staff to research a uniform right-of-way ordinance and report back with suggested language and any state-law obstacles that might require legislative remedy.