173.2021 NYS Fiber Right-of-Way Fee
RESOLUTION REQUESTING RESCINDING OF
NYS FIBER RIGHT-OF-WAY FEE
RESOLUTION NO.: 173, 2021
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, the 2019-2020 New York State budget contained language that enacted a
right-of-way use and occupancy fee for any fiber optic cables located in or crossing a State-
controlled right-of-way and authorized the New York State Department of Transportation (DOT)
to enter fee bearing permits with fiber optic installers, and
WHEREAS, the 2019-2020 State Budget also added Transportation Corporation Law
Section 7 allowing DOT to charge fiber optic corporations installing and operating the utility
lines for fair-market use and occupancy of the State right-of-way, and
WHEREAS, in early 2020 organizations, businesses, legislators and residents of northern
New York became aware of the fee because DOT started charging the fee, and
WHEREAS, in the rural counties of the North Country, it is virtually impossible to install
fiber optic cables for any distance without utilizing or crossing a State right-of-way and
development requirements within the Adirondack Park almost entirely preclude installation of
broadband in any location other than an existing State right-of-way, and
WHEREAS, the Coronavirus Pandemic has caused more people to be working from
home and more students to be learning from home and has increased the use of telemedicine,
thus magnifying the need for additional broadband services in unserved and underserved areas so
rural residents can engage in everyday activities, and
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WHEREAS, in his 2021 State of the State Address, Governor Andrew Cuomo
championed his Connectivity Agenda which includes, among other provisions, enactment of a
requirement for affordable internet for low-income families and a series of actions to promote
broadband build-out and market competition, and
WHEREAS, the Governor said, “And without affordable broadband, people are not just
disconnected, they are disenfranchised. Broadband must be available to everyone, everywhere.
And in New York we will make sure it is.”, and
WHEREAS, the DOT fiber right-of-way fee is acting as a significant financial deterrent
to broadband build-out in rural areas, with some projects already cancelled and others put on
hold due to the fact that these fees will cost providers hundreds of thousands, and in some cases,
millions of dollars annually,
NOW, THEREFORE BE IT
RESOLVED, that the Queensbury Town Board hereby expresses its formal opposition to
the enactment of the New York State Department of Transportation right-of-way fees on fiber
optic cable and urges Governor Andrew Cuomo and the New York State Legislature to rescind
the right-of-way use and occupancy fees on fiber cable immediately so that the Governor’s
pledge can be fulfilled and the expansion of the fiber network in the North Country can continue
in order to serve critically unserved and underserved areas, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
forward a certified copy of this Resolution to Gerald W. Delaney, Executive Director of the
Adirondack Park Local Government Review Board, 326 Downs Road Cadyville NY 12918
(gdelaneylgrb@gmail.com) and take any other actions necessary to effectuate the terms of this
Resolution.
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Duly adopted this 17 day of May, 2021 by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None
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