Non-Mandatory DOT Surveying (S.8472) / (A.9894)

May 11th, 2022

RE:   Relates to the department of transportation not requiring surveying in certain situations

MEMORANDUM IN SUPPORT

Upstate United, a non-partisan, pro-taxpayer, pro-economic growth, education and advocacy coalition made up of business and trade organizations from all parts of Upstate New York strongly supports this legislation.

This bill would amend the highway law and the transportation corporations law, in relation to the department of transportation not requiring fiber optic companies to hire licensed land surveyors in certain situations when occupying the State right of way. We support expedited deployment of fiber across New York State to provide access to high-speed broadband service for all New Yorkers.

Unfortunately, DOT is mandating land surveys that are unnecessary and creating a burden and financial roadblock on broadband providers who are working hard to deploy fiber to serve those unserved and underserved communities that need and depend on high-speed broadband. DOT first started requiring land surveys in 2020 following the legislature’s fiber fee on broadband providers in New York’s own right of ways. This resulted in millions of broadband dollars not being used for expanding high-speed broadband throughout New York State.

This year, Albany took a step in the right direction by understanding that for broadband to be expanded to the more difficult parts of the state to reach, that the ‘fiber fee” needed to be repealed. The next critical step expediting fiber deployment is now in front of us, removing the DOT administrative requirement that surveys be conducted on the state’s own rights-of-way in every instance. This legislation would only require DOT not to demand certified land surveys when there is already a pole line or conduit in place.

Upstate United has consistently advocated for policies that will make New York a better place to live and do business in. If enacted, this legislation would allow the expansion of fiber deployment throughout the state in a cost effective and efficient manner, this is a necessity in today’s world and common sense reform.

For these reasons Upstate United strongly supports the enactment of this legislation.