By Allison Musante, Staff Writer
WEST WINDSOR Another telecommunications company will be setting up operations and providing service in the township.
The Township Council has authorized a right-of-way agreement with Lightower Fiber Networks, a Delaware-based company that provides Internet access, ethernet and a full range of other fiber and broadband network services. The 50-year agreement gives Lightower permission to construct, install, operate and maintain a telecommunications system in West Windsor for the purpose of providing intrastate service with lines running along the Route 1 corridor.
Under the terms, Lightower agrees to assume all claims and liabilities and agrees to comply with all existing and future ordinances of the township.
To generate revenue, councilman Charles Morgan asked whether the township could charge Lightower for using township land.
Township Attorney Michael Herbert and Lightower representative Charles Jackson said the township could levy charges, but under the Telecommunications Act of 1996, companies have certain protections to fight being charged. The act is a safeguard against communication monopolies and promotes consumer choice and lower prices by fostering competition among companies.
”There is a legal barrier to negotiating revenue,” said Mr. Herbert. “We would have to renegotiate with all of the providers. We can’t discriminate against just one.”
Verizon and Comcast already service the township. He said he doesn’t know of other municipalities charging utility companies and he wouldn’t advise it because of the risk of litigation.
”And because we’re not charging, it imposes a number of obligations,” he added.
Councilwoman Diane Ciccone asked Mr. Herbert to write a letter to the League of Municipalities to start a discussion on possibly charging telecommunications providers, given the growing need to generate additional revenue for tax relief.
Ms. Ciccone also asked “why now?” to Mr. Jackson.
He said there is a growing demand in schools, universities and hospitals for dark fiber networks, which are well suited for companies that use a large amount of bandwidth and want to manage their own network. He said Lightower has interested customers in Princeton, West Windsor and Plainsboro, but they wish to install the lines before signing customers.
The lines will not run through residential areas, he said.
