Leaders Call for Overhaul of Underground Utility Safety Laws Amid Broadband Expansion

47% of all underground infrastructure damages affect telecom, with 25% of those damages caused by telecom companies hitting their own infrastructure.

Leaders Call for Overhaul of Underground Utility Safety Laws Amid Broadband Expansion
Photo from PNW Excavation

WASHINGTON, May 23, 2025 — Industry leaders warned on Wednesday that the surge in underground broadband infrastructure projects is straining outdated safety systems and risking costly damage, urging state and federal policymakers to update locate laws and invest in digital mapping as part of broadband expansion efforts.

When indirect costs from inefficiencies, downtime and repairs are included, the total economic impact approaches $100 billion annually, according to Sarah McGruder Lyle, president and CEO of the Common Ground Alliance, a damage prevention organization.

"Telecom is damaging telecom the most," McGruder Lyle said, citing data showing that 47% of all underground infrastructure damages affect telecommunications facilities, with 25% of those damages caused by telecom companies hitting their own infrastructure.

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As underground infrastructure becomes increasingly crowded with new fiber deployments, water system upgrades and power grid modernization all competing for space, the stakes continue to rise. Nearly 200,000 underground utility strikes occur annually, disrupting essential services and endangering communities, according to CGA’s reports.

The urgency for reform was underscored by a recent tragedy in Lexington, Missouri, where a 5-year-old child died in a natural gas explosion after a fiber installation crew struck an unmarked gas line. The crew had followed proper procedures, calling 811 and waiting the required time before digging.

The incident highlights critical gaps in the current system, where a patchwork of state laws and numerous exemptions create dangerous inconsistencies. Many municipalities exempt their own water and sewer systems from marking requirements, transferring risk to excavators and locators.

Ariane Schaffer, head of public policy and government affairs for GFiber, shared results from a case study showing a 39% reduction in project delays through improved coordination with locators.

"This is really a human problem," Schaffer said. "This is something that we're really going to solve together as humans."

The company's approach included providing 12-month rolling forecasts to locating companies, establishing coordination committees between leadership and field teams, and including locators in pre-construction meetings.

Erik Phillips, vice president of operations for UtiliQuest, emphasized that the industry faces a severe shortage of trained locators who mark underground utilities before excavation begins.

"It's really not a shortage until it's a shortage," Phillips said. "The work's not there. There is no shortage, and then on a random Wednesday there's a shortage."

The problem is exacerbated by inconsistent state regulations. In the Washington, D.C., area alone, Virginia, Maryland and the District have different notification requirements ranging from two to three business days.

"We are setting excavators and locators up to fail," McGruder Lyle said. "If you live in the corner of any state where you're doing work in multiple states, you're dealing with multiple laws, which is insane."

Legislative movement

Several states are moving to address the crisis. Missouri recently passed legislation requiring balanced stakeholder representation on one-call boards and codifying the use of industry best practices. Texas and Ohio are considering similar measures to standardize notification times.

At the federal level, the PIPES Act of 2023 has gained bipartisan support in Congress, though industry advocates are pushing for the Senate to mirror House language rather than creating competing versions.

California has taken a forward-looking approach, requiring all new underground infrastructure to be GIS-locatable - a move industry experts hope other states will follow.

Louis Panzer, executive director of North Carolina 811, stressed that damage prevention requires shared responsibility among all stakeholders.

"It's not us versus them. We're all in this together," Panzer said. "That's the only way things get done."

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