Tenney, Stefanik Press Hochul to Expand Rural Broadband Access by Removing Burdensome Red Tape

Washington, DC – Congresswoman Claudia Tenney (NY-22) today joined with House Republican Conference Chairwoman Elise Stefanik in urging New York Governor Kathy Hochul to take action to expand access to broadband in rural areas by easing the burdensome permitting process for providers who build out fiber optic cable lines needed for quality broadband connections.

The New York State Department of Transportation (DOT) lays out significantly more onerous and burdensome requirements for fiber optic projects along state rights-of-way than for any other type of project. NY State Form “PERM 75” only applies to fiber optic facilities and infrastructure. The form requires an independently contracted third-party to inspect and survey the state-right-of-way and the permittee identifies the state right-of-way within which the permittee fiber optic facility will be placed. NY State Form “PERM 32” applies to all other projects along a state right-of-way and does not require this survey.

This is a significant burden to rural fiber broadband providers, oftentimes costing between $5,000 to $15,000 per mile in build-out costs and lengthens the permitting timeline and approval process. This significant barrier radically increases the cost of laying fiber, driving down the ability of internet providers to serve rural communities. These fees make it especially expensive for smaller providers to enter the market since they have less access to capital and cannot afford longer returns on investment.

In part the lawmakers wrote, “We urge you to take immediate action to terminate this policy. It disproportionately impairs our rural fiber providers and rural residents when we should instead be empowering our broadband providers to innovate, grow, and continue the drive towards connecting every New Yorker to high-speed internet at prices they can afford.”

The letter was also signed by New York Reps. Zeldin, Jacobs, and Katko.

The full text of the letter is available here.

Dear Governor Hochul:

We again write to you today urging you to terminate a New York State Department of Transportation (DOT) policy that severely inhibits the deployment of fiber optic cable across rural areas of our state. We first wrote you regarding this important issue on November 30, 2021 and have received no response to date. The policy currently in place within your New York State DOT is not aligned with your often stated goal of ensuring all New Yorkers have critical access to broadband.

Prior to August 2020, the New York State DOT required any entity seeking a highway work permit to complete DOT Form PERM 32, the Highway Work Permit Application for Utility.  This form applied to all who sought to perform work along a state highway until introduction of the new DOT Form PERM 75, Consolidated Application and Permit for Highway Work and Use & Occupancy for Fiber Optic Facilities and Supporting Infrastructure.

The PERM 75 exclusively applies to fiber optic facilities and infrastructure. It requires an independently contracted third-party to inspect and survey the state-right-of-way and requires the permittee to identify the state right-of-way within which the permittee fiber optic facility will be placed. The PERM 32, which applies to all other projects along a state-right-of-way, does not require the services of a licensed surveyor for any other entity seeking a highway work permit.

This DOT policy requiring a survey by private surveyors in PERM 75 unfairly discriminates against deployment of fiber optic cable in rural communities by imposing undue administrative and financial burdens on broadband providers. The PERM 75 survey oftentimes costs providers upwards of $5,000 to $15,000.00 per mile required for the survey, which creates a competitive disadvantage for companies seeking to deploy fiber in Upstate New York and the North Country. Further, the policy dictates private surveyors must disclose the location of state rights-of-way, despite the fact the DOT should already be aware of this information.

The DOT cites their authority for this discriminatory treatment of fiber optic facility build out as falling under Highway Law §10(24)e and Transportation Corporations Law §7. However, no language in either section provides for a required independently contracted inspection or places the burden of identifying the state right-of-way within which the fiber optic facility will be placed on the permittee.

We urge you to take immediate action to terminate this policy. It disproportionately impairs our rural fiber providers and rural residents when we should instead be empowering our broadband providers to innovate, grow, and continue the drive towards connecting every New Yorker to high-speed internet at prices they can afford.

Sincerely,

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