BILL NUMBER: S6874

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the transportation law, the public service law and the
highway law, in relation to installing fiber optic utility along certain
highways

 
PURPOSE:

To maintain fiber optic utility along highways to ensure deliverability
of highspeed internet connectivity for municipalities and communities
throughout New York.

 
SUMMARY OF PROVISIONS:

Section 1 adds section 23 to transportation law to maintain fiber optic
utility along highways. This provides that the commissioner shall enter
into an agreement with any fiber optic utility for the purposes of
installing, modifying, relocating, repairing, operating, and maintaining
fiber optic facilities and fiber optic cables along all thruways and
              

highways maintained by the New York State thruway authority and the MTA
so such fiber optic facilities and cables may be utilized for access to
fiber optic and broadband services.

Section 2 adds section 24 to transportation law, which sets a broadband
conduit requirement for certain highway projects. Any highway or thruway
project which receives state funding, notwithstanding any provision of
law to the contrary, shall include the installation of conduits suitable
for fiber optic cables or wireless facilities that support broadband
services.

Section 3 adds section 119-d to public service law to set forth broad-
band conduit access guidelines. The commission, in consultation with the
department of transportation, the New York State thruway authority and
the MTA, shall ensure that the requesting provider of broadband services
has access to any broadband conduit installed pursuant to the provisions
of section 24 of the transportation law or the fiber optic cable
installed pursuant to the provisions of section 23 of the transportation
law. Such access shall be on a competitively neutral and nondiscrimina-
tory basis, for a charge not to exceed a cost-based rate.

Section 4 amends section 10 of highway law by adding subdivision 47.
This gives the commissioner of transportation the authority to enter
into agreements and/or contracts to ensure all thruways and highways
maintained by the New York state thruway authority and MTA have fiber
optic cable along such thruways and highways pursuant to section 23 of
the transportation law and upon such terms and conditions as deemed
appropriate as deemed appropriate by the commissioner or their designee.

Section 5 establishes the effective date.

 
JUSTIFICATION:

This bill is intended to take the connectivity provided by the Depart-
ment of Transportation's current fiber optic utility technology and
stretch those lines along interstate roadways throughout New York State.
Much like irrigation provides water to crops from a further distance
away, these fiber optic cables will be able to ensure delivery of much
needed internet connectivity to areas desperately in need of high-speed
internet access.

The digital divide makes it difficult for students, job searchers, and
workers because so many of today's transactions and interactions take
place online. The current fiber optic framework of the department has
had access to the best in this technology,. This bill intends to broaden
fiber optic technology to all people across the state, utilizing common-
ly identifiable infrastructure pathways to limit costs and added liabil-
ity. The economic benefits brought to the state by this legislation is
unquestionable given enhanced opportunity, job stimulus, and overall
impact.

 
PRIOR LEGISLATIVE HISTORY:

2024: 5635 Comrie/ A9398 Hyndman

2022: S8460- referred to transportation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This bill shall take effect on the thirteenth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.