Many residents have asked about telecommunications companies like Ezee Fiber installing fiber optic cables in easements within our city. We appreciate your interest in understanding the regulatory framework governing such activities. Allow us to provide some insights into this matter.

Why the City Cannot Regulate Telecommunications Companies in Easements:

1. State Regulations: In the state of Texas, telecommunications companies, especially those deploying essential infrastructure like fiber optic cables, are primarily regulated by state laws and agencies. The Texas Public Utility Commission (PUC) is the state agency responsible for overseeing telecommunications providers and their operations.

2. Easements Defined: Easements are designated areas of land typically situated on or near private properties. They are legally designated for the installation of utility and telecommunications infrastructure. These easements are considered private property rights, and state law generally governs activities within them.

3. Federal Jurisdiction: The Federal Communications Commission (FCC) also plays a significant role in regulating telecommunications companies, particularly in areas related to the deployment of broadband and telecommunications infrastructure. Federal regulations, in many cases, take precedence over local regulations.

4. City's Regulatory Scope: Local municipalities, including our city, often have regulatory authority limited to the city's right-of-way. The right-of-way encompasses public areas like streets, sidewalks, and utility corridors where the city has jurisdiction to regulate and permit various activities, including the installation of telecommunications infrastructure.

City's Role and Collaboration:

While the city may not have direct regulatory authority over telecommunications activities within easements, we do collaborate with companies like Ezee Fiber to ensure that their operations are carried out with minimal disruption to residents. This collaboration includes coordination to prevent damage to city-owned infrastructure and adherence to safety and aesthetic guidelines. Part of this includes a work agreement that all companies who bore in the city must adhere to.

Summary: Work Agreement for Excavation and Boring in the City

We want to provide you with a clear and concise overview of the work agreement in place for excavation and boring activities within our city. This agreement outlines essential guidelines and procedures that help ensure the safety and efficiency of these operations.

Training and Onboarding:

- All individuals involved in excavator or boring work for the applicant (the city) must undergo onboarding training.

- Training includes topics such as safe excavation practices around gas and electric utilities, calling 811, white lining, and marking standards.

- Once training is completed and documented, work can commence.

Three Day Plan:

- Any excavator or subcontractor working on behalf of the contractor must submit a three-day plan to the city.

- This plan includes a start date, the contractor's and subcontractor's names, the crew leader's name, and contact information.

- The plan is submitted as soon as the job is received and before calling in locate tickets.

Active Communication:

- Line locating services (e.g., ULS or USIC) follow an agreed-upon schedule and provide daily updates via email.

- Updates are sent to general contractors, subcontractors, and the city.

- Updates inform subcontractors of any issues accessing properties or encountering troubled facilities.

No Access:

- Subcontractors must not begin drilling until access has been granted.

- In situations where safety is a concern, a joint agreement is reached on how to proceed.

- If no access is granted, the subcontractor informs the locating company.

Trouble Locate:

- If trouble is identified and initial potholing efforts fail, the city works with locating companies and affected utilities to find the facility's true location before work can continue.

- Excavators will attempt to expose marks for verification.

- If the utility remains unlocatable, the issue escalates to utility remediation.

811 Line Locate Management:

- Excavators must manage their locate tickets and white line the proposed excavation location.

- Locating companies will locate a 20-foot radius around the white line.

- If excavation occurs outside this zone, the contractor assumes responsibility.

- Contractors limit the scope of locate tickets, calling them for one street at a time or when direction changes occur.

This work agreement is designed to promote safety, efficiency, and effective communication during excavation and boring activities within our city. It ensures that all parties involved work together to minimize disruptions and protect our utilities.

Your Voice Matters:

Your concerns are important to us, and we encourage residents to engage with telecommunications companies when they are working in your area. If you have specific concerns about the activities of a telecommunications company like Ezee Fiber or believe that they are not following regulations, we recommend reaching out to the Texas Public Utility Commission (PUC). They have the expertise and authority to address concerns related to telecommunications providers' activities in Texas.

We appreciate your understanding and proactive engagement in matters that affect our community. If you have any further questions or concerns, please do not hesitate to reach out to us. We are here to assist and advocate for the best interests of our residents.

We'd like to inform our residents that Ezee Fiber has recently submitted applications to continue their ongoing work within our city. These permit applications have been approved by the city, allowing Ezee Fiber to proceed with their projects. As we know residents are concerned about this type of work in our city we will be sharing the forthcoming work plans submitted by Ezee Fiber on this webpage as they are received.  This will enable residents to stay informed about the upcoming construction activities in their vicinity.