Following over 18 months of sincere attempts, Omni Fiber seeks a federal court order to uphold its entitlement to equitable, non-discriminatory use of public rights-of-way
Omni Fiber, a premier supplier of high-speed fiber optic Internet services in the Midwest, today revealed it has initiated a lawsuit against the City of Stow in the U.S. District Court for the Northern District of Ohio, Eastern Division. The legal filing accuses the City of preventing Omni Fiber from constructing its wholly fiber network in Stow by consistently denying permit applications based on evolving and contradictory rationales, enforcing criteria not applied to other companies, and neglecting to abide by a court-mediated Permit Procedure Agreement signed in March 2026.
Since early 2025, when the City encouraged Omni Fiber to invest locally, the company has aimed to give Stow households and enterprises a fresh option for high-speed Internet. Omni Fiber intended to deploy a fiber optic distribution network across Stow to service residences, businesses, and other organizations. As of now, no construction permit has been approved by the City.
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“We chose Stow because the City indicated we were welcome, and because Stow’s residents and business community deserve a genuine alternative in high-speed Internet,” stated Darrick Zucco, CEO of Omni Fiber and a former Stow inhabitant. “For over eighteen months, we have repeatedly revised our blueprints, consulted with City personnel, and even executed an agreement that the City helped broker. Taking this to court was our least desired option. However, after each sincere attempt failed, we now request the court to ensure Stow applies the same regulations to Omni Fiber as it does to any other entity.”
Per the lawsuit, Omni Fiber initially submitted permit applications in March 2025. In the subsequent months, the City altered its demands, contradicted its prior instructions, and introduced fresh objections with every subsequent submission. Omni Fiber has expended over $3.8 million on engineering and design work to satisfy these fluctuating requirements. The complaint also alleges that the City granted permits to other providers, including direct rivals, without imposing comparable conditions on them.
In November 2025, Omni Fiber petitioned the Ninth District Court of Appeals of Ohio to compel the City to process its applications. That proceeding resulted in mediation and a Permit Procedure Agreement, executed on March 6, 2026, which mandated that the City review permits within 30 days, reject applications only on reasonable legal grounds, refrain from discriminating against Omni Fiber, and collaborate in good faith to settle issues within 10 days. Since that time, the City has again denied Omni Fiber’s application, including on matters already resolved by the parties, and has missed the agreed response deadlines.
Omni Fiber holds certification from the Public Utilities Commission of Ohio as a telecommunications provider and from the Department of Commerce for video service. Per federal and Ohio statutes, certified providers possess the right to utilize public rights-of-way, and local authorities must administer that access on a fair, competitively neutral, and nondiscriminatory basis. The lawsuit brings claims under Section 253 of the federal Communications Act, the Takings Clause of the Fifth Amendment, Ohio law safeguarding utilities’ property rights, breach of the Permit Procedure Agreement, and promissory estoppel, and seeks damages for the losses Omni Fiber has incurred.
“Cities have a vital role in managing their rights-of-way, and Omni Fiber respects that role in the over 70 communities where we have built our network and now operate effectively,” remarked Brian Dengler, General Counsel of Omni Fiber. “However, federal and state law are unambiguous: a local government cannot employ the permitting process to obstruct a certified provider or to favor one company over another. We remain open to a negotiated resolution that enables us to start construction in Stow.”
Omni Fiber continues its dedication to serving Stow and nearby communities in the Summit County region and will persist in seeking a cooperative path forward with City officials as the case advances. Stow residents and businesses interested in Omni Fiber service can place a no-obligation pre-order at www.omnifiber.com or by calling 1-844-844-OMNI (6664).
About Omni Fiber
Established in 2022, Omni Fiber is supported by Oak Hill Capital, one of the largest investment firms in the telecommunications sector. Headquartered in Ohio, Omni Fiber is guided by a leadership team with over 100 years of combined industry expertise and delivers fiber Internet, Mobile, TV, and Phone services to residential and business clients in Ohio, Pennsylvania, Michigan, and Texas. Omni Fiber provides symmetrical speeds up to 10 Gbps, no hidden fees, no data caps, Premium Wi-Fi included, local customer support, and competitive rates. For further details, please visit www.omnifiber.com.
Andres Tovar
Omni Fiber
andres.tovar@omnifiber.com
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