* § 7. Agreement for fiber optic utility use and occupancy of state
right of way. The commissioner of transportation is hereby authorized to
enter into an agreement with any fiber optic utility for use and
occupancy of the state right of way for the purposes of installing,
modifying, relocating, repairing, operating, or maintaining fiber optic
facilities. Such agreement may include a fee for use and occupancy of
the right of way, provided, however, such fee shall not be greater than
fair market value. Any provider using or occupying a right of way in
fulfillment of a state grant award through the New NY Broadband Program
shall not be subject to a fee for such use or occupancy. Any fee for use
or occupancy charged to a fiber optic utility shall not be passed
through in whole or in part as a fee, charge, increased service cost, or
by any other means by a fiber optic utility to any person or entity that
contracts with such fiber optic utility for service. Any compensation
received by the state pursuant to such agreement shall be deposited by
the comptroller into the special obligation reserve and payment account
of the dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law. Nothing herein shall
impair, inhibit, or otherwise affect the ability of any municipality to
regulate zoning, land use, or any other power or authority granted under
the law. For purposes of this section, "municipality" shall include a
county, city, village, or town.

* NB Repealed May 9, 2022

* NB Repealed April 12, 2024