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CORTLAND -- City Council has pumped the brakes on proposed new rules looking to regulate companies that install underground utilities after representatives of two telecommunications companies raised concerns.
Council drafted the legislation after a series of accidents around the Mahoning Valley. Earlier this year, crews conducting underground boring for fiber optics lines in Girard damaged a gas line, which led to a house exploding and at least one injury; similar work in Cortland damaged a gas line and caused a leak as well. That led council to impose a moratorium on further drilling until new permanent legislation could be written.
Council voted unanimously last week to send the proposed ordinance back to its Technical Review Committee for further review. The committee is due to return the legislation to council by Nov. 16.
Representatives of Spectrum and Brightspeed urged council to reconsider portions of the ordinance, saying some provisions could conflict with state and federal law or interfere with utility operations.
Ashley Karlen, director of government affairs for Spectrum, said the company supports the city's efforts to protect public safety.
"We understand and appreciate the city's goals of protecting public safety in the right of way. And in fact, we share it," Karlen said.
However, Karlen said the ordinance could put the city at odds with state law. She said the company operates under a state-issued franchise that authorizes it to use public rights of way without additional local authorization.
She questioned provisions requiring annual registration and fees, arguing that Ohio law restricts additional charges on franchise holders.
Karlen also raised concerns about provisions addressing restoration of damaged property, utility relocation, infrastructure mapping, liability, insurance and other requirements.
She said the company cannot release detailed infrastructure maps because of confidentiality and security concerns, although it is willing to work with the city to provide necessary information.
Jeanne Shearer, government affairs and public policy principal for Brightspeed, also spoke to council last week and expressed support for the city's safety goals while noting the legislation could affect routine utility operations.
Shearer said Brightspeed has served the community through predecessor companies for decades and is modernizing its existing network to meet telephone service obligations and growing demand for high-speed internet.
"As the city considers new requirements for underground construction, we want to ensure that they support our shared safety objectives while allowing routine customer connections, maintenance, and emergency repairs to proceed," Shearer said.
As Cortland's local telephone service provider, Shearer said Brightspeed has obligations under Ohio law to install and restore basic telephone service within established time frames. Delays in repairs or installations caused by new legislation could affect customers' ability to contact emergency services when telephone service is interrupted.
The company submitted written comments asking the city to distinguish routine utility work from large-scale construction projects, Shearer said.
While the concerns are examined, council requested that the city's law director prepare an extension on the underground utility work moratorium for an additional 60 days.