Title
Resolution Halting Fiber Optic Construction
History
From telehealth, to remote learning, to work-from-home, people are living increasingly digitally connected lives. The Village encourages private investment in infrastructure, but it cannot be done at the expense of the quality of life of residents. The Village is in support of better internet, but it must be done responsibly.
Astound, one of many internet providers licensed by the State of Illinois to install high-speed internet, disrupted approximately 300 homes following an incident that occurred on Monday, December 8th. The attached Resolution halts fiber optic construction following a sharp increase in resident complaints about unsafe and incomplete work tied to fiber internet installation.
The Resolution directs Village staff to withhold permits until the following are addressed:
-Unrepaired property damage
-Utility hits
-Open holes, potholes, and sidewalks left unrestored
-Work conducted outside of allowed hours
-Subcontractors working without visible identification
State-Authorized Internet Providers
To provide internet services utilizing public easements, an internet provider can be approved to construct infrastructure in one of two ways - via a municipal franchise agreement or via state-issued authorization. Of all the internet service providers in the Village, only Xfinity operates under a municipal franchise agreement, all other internet service providers utilizing public easements operate under state-issued authorization in accordance with the Illinois Cable and Video Competition Law of 2007.
The Illinois Cable and Video Competition Law of 2007 limits the ability of a municipality to regulate internet services providers. As an example, under the law:
-A municipality cannot withhold access to public right-of-way, including easements, when access is required for the installation, construction, and operations of cable, video, or telecommunications.
-A construction permit is automatically granted within 45 days after being submitted by an internet service provider if not acted upon by the municipality and the provider complies with local requirements.
Under these restrictions, the Village’s Public Works Department has been utilizing Village resources to review, permit, and monitor construction even though these are not Village-sponsored construction projects.
New Rules
In response to growing concerns across Orland Park, the Village is creating new rules for internet service providers and will be presenting them at a future Board meeting:
-Work Area Limits: Providers will be restricted in how many construction zones they can open at one time to prevent overextension.
-Enhancing Installation Rules: The Village is expanding rules related to fiber installation:
-Proof of Direct Resident Notification: Providers must send certified mail or provide documented notice before work begins in a neighborhood.
-Vehicle Identification: All contractor vehicles must clearly indicate which internet provider they are working for.
-Fines for Violations: The Village will expand fines for utility disruptions, failure to follow safety protocol, and length of time for site restoration.
-Stop-Work Orders: Any company not in full compliance with the rules, will be issued a stop-work order and will not be able to resume until they can demonstrate full compliance.
During construction, internet service providers will continue to be responsible for mitigating any damage, addressing all resident issues, and restoring all construction areas. The service provider will be responsible for meeting with Village representatives on a schedule deemed appropriate by the Public Works Director to better hold contractors more accountable and also reviews all calls for service.
Why Are There So Many Fiber Optic Internet Installations
Connect Illinois, the state’s 2019 broadband investment program, provides $400 million in matching grants to internet service providers to enhance high-speed internet throughout the State of Illinois. In addition to $400 million in competitive grants, the Connect Illinois program included $20 million for upgrades to the 100 GB Illinois Century Network, the state’s existing 2,000-mile open access institutional fiber network serving over 3,400 K-12, higher education, and library locations across the state.
The current Connect Illinois Round 4 is being supported by the federal Broadband Equity, Access, and Deployment (BEAD) funds made possible by the Infrastructure Investment and Jobs Act of 2021. BEAD funding in Illinois is meant to get Connect Illinois closer to its goal of ubiquitous statewide broadband access - for homes, businesses, and community anchor institutions throughout the state. Investment in broadband access is meant to support economic development, education, precision agriculture, and telehealth efforts statewide.
Recommended Action/Motion
I move to adopt a Resolution, entitled: A RESOLUTION HALTING FIBER OPTIC CONSTRUCTION;
AND
Authorize Village staff and the Village Attorney to draft an Ordinance creating new rules for internet service installations to be presented to the Village Board at a future meeting.