Frontier fiber installation proves frustrating

by Laura Bednar

Internet company Frontier has made its mark on Bath Township not only with the installation of a fiber network, but with literal marks on residential properties.

Residents took to a community Facebook page to complain about the contractors Frontier hired, which reportedly caused damage in several Bath neighborhoods.

Complaints included contractors cutting power on Aegean Road, marking private property for digging beyond the right-of-way and digging in the wrong place in the North Shore neighborhood. One resident said they are still waiting for property damage from last year to be fixed.

In a June 20 Bath police report, a Rolling Meadows resident reported that a contractor installing fiber lost control of his trenching equipment and damaged the boat sitting on his property.

Another resident said a contractor cut a drainage pipe in the neighborhood while digging, and it was only discovered when there was water backup and bubbling areas after rain.

As part of the permitting process, Bath requires utility companies to post a performance bond to help ensure that disturbed areas are properly restored following construction. Contractors are responsible for repairing lawns, landscaping, driveways and other areas impacted by the installation work.

If residents observe work that appears unsafe or believe restoration has not been completed properly, the township asks them to contact the Bath service department at 330-665-5066 so the concern can be addressed. See more information at bathtownship.org/alert/index.php.

There are currently 24 open permits for underground fiber installations in township rights-of-way dating as far back as 2022, the majority for Frontier. Service Director Caine Collins said he requested an update from Frontier on the progress or completion status for each of their permits on Sept. 17. None of the permits Bath issued to Frontier have received final post-construction approval or have been closed, according to Collins.

Limited power

Police Chief/Township Administrator Vito Sinopoli said townships have little authority to determine what utilities are permitted. Under state law, “the utility right of ways allow for any company to utilize the ROW corridor, provided they obtain the property ROW permits through the township [on a] township road or Summit County [on a] county road,” he said.

The Summit County Executive’s Office stated that Ohio law does not require contractors to notify residents or businesses about work being performed in the right-of-way in front of their homes.

Collins said the township does not require utility companies to submit justification for new lines or improvements. Subcontractors have performed the work on behalf of Frontier.

“Frontier Communications submitted plans to Bath Township detailing the install of new fiber lines throughout the township. After we reviewed the plans, Bath right-of-way utility permits were issued to Frontier for the portions of the work to be completed within the township right-of-way,” said Collins. “Much of the proposed utility improvements are located in utility easements outside of the township road right-of-way, and are therefore outside of Bath control.”

Township trustees sent a letter to the Public Utilities Commission of Ohio on June 29 asking them to consider:

• Whether additional oversight or temporary restrictions on directional boring are warranted.
• Whether current safety standards governing underground utility relocating, verification and boring operations are sufficient to protect residents and infrastructure.
• What guidance local governments should provide to residents that express concerns.

PUCO Director of Service Monitoring and Enforcement Donald Leming wrote a response letter that stated, “PUCO does not directly regulate directional drilling activity or fiber optic installation.”

Excavators are required to call state notification system OHIO811 before digging. Complaints may be filed with the underground technical committee, which oversees enforcement of Ohio’s underground utility damage prevention laws and rules, if an excavator doesn’t adhere to state laws, according to the letter.

Leming also said House Bill 227 was passed in June, which allows utilities additional time to respond to locate requests and mark their facilities ahead of excavation activity.

Sinopoli said trustees considered placing a moratorium on directional drilling, which nearby township Sagamore Hills did in August. Bath trustees decided it was not the best approach because it would not extend to county roads and would only, therefore, address a portion of the drilling activity in Bath.

A moratorium would also be temporary, which Sinopoli said trustees concluded would not be a lasting means of addressing the issue. Instead of a moratorium, the township will continue “requiring appropriate bonding and restoration requirements for work within township rights-of-way and monitoring ongoing utility projects to ensure those requirements are met,” according to Sinopoli.

Additionally, Interim Fire Chief John Rodriguez contacted the assistant fire chief in Twinsburg Township to obtain additional information about June home explosions in Twinsburg reportedly caused by a fiber-optic drilling crew hitting a gas line. Rodriguez said the State Fire Marshals office reported the incident is still under investigation, waiting on reports from private insurance investigators. When the report is complete, it will be available through a public records request.