City crackdown on fiber installers escalates with new rules, moratorium

The struggle between Albuquerque and fiber optic installers escalated Monday as the mayor’s office announced updated rules for installers, and the city council approved a moratorium and more bureaucracy for future fiber development.

The two moves follow weeks of issues between three fiber optic companies installing the internet infrastructure and the city regulating them, even as Albuquerque touts the economic benefit of having fiber.

As companies and their contractors laid fiber lines in Albuquerque neighborhoods, the city received hundreds of complaints from residents. Complaints included installers working late into the night, not notifying residents of construction and leaving sidewalks destroyed.

“Everybody understands the importance of the fiber upgrade,” said Councilor Dan Champine. “The city needs it. The citizens want it. But what we’re trying to do is mitigate the damages being left behind.”

The city recently issued stop-work orders on all three firms licensed to lay fiber optic lines. Stop work orders on Ezee Fiber and Vexus Fiber remain active, while another on Gigapower has been resolved. The stop work order means the companies can only do remediation work but can’t perform additional fiber construction.

The mayor’s move came first.

Mayor Tim Keller announced in a news release Monday that the city would enforce rules meant to curtail the issue as much as possible.

The rules include requiring installers to work during regular working hours, clearly marking which companies they’re working for, providing proof that neighbors were notified that work was starting, and setting deadlines for dealing with complaints. A mayor’s office spokesperson said violations of the rules will be met with more stop-work orders and fines.

“We support better internet in Albuquerque, but we’ve added new rules to tackle the challenges and make sure it’s done right,” Keller said in a statement. “Starting today, these rules will help ensure companies communicate clearly, work safely, and fix what they break — no shortcuts, no excuses, or else they will face fines or be forced to stop work until they get it right.”

A city spokesperson said some rules are new, while others expand or clarify existing policies to improve enforcement.

Then came the council’s move.

At a meeting Monday night, the city council approved a resolution that does two things. First, it establishes a working group to review the fiber installation process. That group includes the city, the installers, the New Mexico Public Regulation Commission and utility companies. Second, the resolution calls for temporarily suspending new development permits as the working group reviews the situation.

According to Champine, who sponsored the resolution, the 90-day moratorium does not apply to permits already issued. Champine also said that the moratorium doesn’t kick in until Sept. 1 and only if the working group doesn’t come up with a solution the council approves.

Ultimately, that measure passed on an 7-1 vote. Councilor Louie Sanchez was the only vote against it. Sanchez called it “a strange situation” that both the mayor and council were creating more regulations on fiber installers and raised questions about the economic impact.

Representatives from all three companies also spoke at Monday’s meeting. While some expressed disagreement with the city’s move, all pledged to work with the city moving forward.

“Ezee Fiber and myself are dedicated to investing in New Mexico’s future and we intend to be a trusted partner for many years to come,” said Ezee Fiber CEO Matt Marino.