* § 7. Agreement for fiber optic utility use and occupancy of state\nright of way. The commissioner of transportation is hereby authorized to\nenter into an agreement with any fiber optic utility for use and\noccupancy of the state right of way for the purposes of installing,\nmodifying, relocating, repairing, operating, or maintaining fiber optic\nfacilities. Such agreement may include a fee for use and occupancy of\nthe right of way, provided, however, such fee shall not be greater than\nfair market value. Any provider using or occupying a right of way in\nfulfillment of a state grant award through the New NY Broadband Program\nshall not be subject to a fee for such use or occupancy. Any fee for use\nor occupancy charged to a fiber optic utility shall not be passed\nthrough in whole or in part as a fee, charge, increased service cost, or\nby any other means by a fiber optic utility to any person or entity that\ncontracts with such fiber optic utility for service. Any compensation\nreceived by the state pursuant to such agreement shall be deposited by\nthe comptroller into the special obligation reserve and payment account\nof the dedicated highway and bridge trust fund established pursuant to\nsection eighty-nine-b of the state finance law. Nothing herein shall\nimpair, inhibit, or otherwise affect the ability of any municipality to\nregulate zoning, land use, or any other power or authority granted under\nthe law. For purposes of this section, "municipality" shall include a\ncounty, city, village, or town.\n * NB Repealed May 9, 2022\n * NB Repealed April 12, 2024\n
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