Finalized Rules Governing Public Right of Way Excavation and Barricading for Fiber Infrastructure Purposes
DEPARTMENT:
Department of Municipal Development
ACTION:
SUMMARY:
The Department of Municipal Development has finalized a new Regulation Governing Public Right of Way Excavation and Barricading for Fiber Infrastructure Purposes (the "Regulations"). The Regulations provide standard detail requirements that Licensees shall follow while completing any excavation or barricading work within the City of Albuquerque for the purpose of installing fiber infrastructure. The purpose of these regulations is to ensure that fiber infrastructure projects minimize disruption, are completed timely, safely, and with as little inconvenience as possible to the public, and comply with applicable law, including but not limited to the Barricading Ordinance, the 2020 Edition City Standards for Public Works Construction, as amended and the State Pipeline Regulations Excavation Handbook. Licensees are required to ensure that the Licensee and any subcontractor employed by the Licensee to perform right of way ("ROW") construction for fiber infrastructure purposes comply with applicable ordinances and standards whether such ordinances and standards were in existence at the time of the execution of the License or were enacted thereafter.
DATES:
On May 19, 2025, public notice of the rulemaking was posted on the City Clerk's website dedicated to rulemaking, in accordance with §2-15-1, et seq. ROA 1994. On June 5, 2025 at 12:00 pm, a public rulemaking hearing took place on Zoom. Regulations Governing Public Right of Way Excavation and Barricading for Fiber Infrastructure Purposes are effective 5 days after publication by title on the City Clerk’s website and completion of the report in accordance with §2-15-2(B), ROA 1994.
PUBLIC COMMENT:
Many residents provided comments in favor of the proposed regulations and expressed serious concerns about damages caused by the fiber companies and their contractors. Fiber companies also provided comments in writing and during the hearing, including but not limited to expressing concerns about the feasibility of joint trenching requirements, as well as notice requirements. The Water Authority provided written comments suggesting specific changes. The appointed Hearing Examiner recommended that the City adopt the proposed Regulation with certain changes based on comments received.