Albuquerque City Councilors, citing a variety of problems with fiber internet installation, are attempting to gain control of the situation though a pause in permitting and a quest for new rules.
Councilors voted Monday to establish a moratorium on new fiber work and create a working group within 30 days to review and fix issues with the current code.
Councilor Dan Champine, sponsor of the legislation, said the moratorium would not apply to applications that have already been submitted, and that construction would be allowed to continue on permits that have already been approved and are in good standing.
Champine said he’s not opposed to fiber installation.
“I fully support and understand the importance, and everybody understands the importance of the fiber installation and the upgrade,” he said. “The city needs it. Citizens want it; but what we’re trying to do is mitigate the damage that’s being left behind and the impact of the construction on those residents.”
The legislation was spurred by a variety of complaints about firms starting construction activity earlier than permitted, working past the 10 p.m. cut-off time, failing to notify residents of construction and damaging sidewalks.
Property owner Stanley Peplinski spoke in favor of the moratorium. He said he’s spent months seeking satisfaction after a subcontractor cut a water line and the various entities involved have referred him back and forth.
Others spoke of disruptions broadband installers have caused to their plans and damage to their property.
District 6 Councilor Nichole Rogers said workers along Central Avenue have been removing the concrete for sidewalk repairs and replacing it with gravel, creating accessibility issues for some of her constituents.
Planning director Alan Varela said contractors had planned to restore the concrete after the need for a cement truck was reached, and had filled in some spots with gravel or asphalt. Varela said emergency rules went out earlier in the day demanding prompt repairs of the sidewalks.
“We’re giving them a short window of time,” he said. “We do not care if their guys have to drive around with stacks of concrete in the trucks to fix the holes or anything. We’re not going to stand for them leaving stuff open for days, weeks, unpredictable, months and amounts of time.”
Ezee Fiber CEO Matt Marino spoke against the moratorium. He said the company has 20,000 local customers and has received 135 “tickets” on its construction activities through the ABQ311 system since January.
“Constructing our fiber network is a major infrastructure project, comparable to building roads,” Marino said. “As with any substantial infrastructure endeavor, there may occasionally be incidents during construction. However, our policy, my policy, and our unwavering commitment are clear: we hold ourselves fully accountable and will promptly restore any impacted property to its original condition or better, ensuring homeowners’ complete satisfaction — any claim suggesting we will not or do not is not right, not accurate.”
Marino said he’s committed to collaboratively engaging with councilors to “find a mutually equitable solution.”
Toni Broberg of Gigapower also opposed the moratorium and promised to do better.
“We may have not been perfect in the past, but we are committing tonight to work with you, the council and all the residents, to improve our processes and work in partnership where we made mistakes,” Broberg said. “We will work with the city and the impacted community, identify issues and quickly fix them.”
The moratorium passed 7-1. Councilor Louie Sanchez opposed the motion and Council President Brook Bassan was absent.
The working group is expected to be set within 30 days. Members will represent local government, utilities and service providers. The group will re-evaluate permitting criteria and other standards.
The moratorium will start Sept. 1, 2025 and will stop the acceptance of any new residential fiber installation permits in the city unless the council approves a plan submitted by the working group. The moratorium would last up to 90 days, or until final action by the city council on appropriate legislation.
