Buffalo, NY – Assemblymember Jon D. Rivera announced today that he and Senator Sean Ryan have passed legislation that will speed up the development and deployment of open-access broadband across Erie County.

The bill, A9964, allows fiber optic cable and infrastructure owned by a municipal fiber optic broadband company within Erie County to be exempt from paying property taxes on any infrastructure relating to broadband access.

This is similar to the exemptions provided for utilities and broadcasting and will demonstrate that the state recognizes the essential nature of broadband access.

Reliable, affordable broadband access is essential for New Yorkers to be able to participate in, contribute to, and succeed in modern society. Studies show that broadband access has a positive impact on individuals and communities. However, reliable, affordable broadband is not available to every New Yorker.

According to the New York State Comptroller, as of 2021, more than one million (or 13.8% of the state) households do not have access to broadband.  This glaring disparity in access creates what is commonly referred to as a “digital divide.”

The issue is one that has been addressed by Governor Kathy Hochul, who has worked with federal leaders to create New York’s ConnectALL Municipal Infrastructure Program, which aims to support the development of publicly owned and/or controlled last-mile fiber broadband infrastructure. The program is designed to facilitate a variety of municipal broadband models and public-private partnerships, providing high-quality, reliable, and affordable service options across the state.

In Erie County, County Executive Mark Poloncarz first announced a proposal for ErieNet in 2019 – an initiative that would lay roughly 400 miles of fiber optic lines from as far north as Newstead and Grand Island to as far south as Collins and Concord.

ErieNet was established as a not-for-profit, local development corporation (LDC) designed to provide stewardship for the construction and ongoing management of a municipal based open access fiber optic backbone.

County Executive Poloncarz announced in December 2023 that construction to lay fiber optic conduit lines had begun and will ramp up this year, with a large portion of the costs covered by American Rescue Plan dollars and $2.8 million in county funding.

A report published in January by the Institute for Local Self-Reliance shows that the number of communities running publicly owned broadband networks has risen over the last three years, and that 47 new publicly owned networks have come online since 2021. And these networks have a proven track record of success across the country.

The city government in Chattanooga, Tennessee began laying down municipal-owned fiber-optic cable in 2009 – it now boasts some of the fastest, most reliable and affordable internet speeds in the nation. Its fastest broadband connection runs to 10 gigabits per second, fast enough to download a two-hour HD movie in three seconds.

In Buffalo, the digital divide has been exacerbated by several factors, including residential cost of access and a lack of consumer choice in internet service provider (ISP). ¹ In fact, Buffalo remains one of the last cities which participates in an old franchise agreement system that only allows one cable and internet provider in a municipality. 

And, according to U.S. Census Bureau 2022 one-year American Community Survey data, about 46,700 people in the metro area (9.2% of the population) don’t have internet at all. 

Left unchecked, the digital divide will only continue to grow. This legislation passed by Assemblymember Rivera and Sen. Ryan makes it easier for Erie County to ramp up fiber optic cable build outs, laying the foundations for residents to get more direct access to broadband internet and increasing consumer choice.

For more information related to ErieNet, visit https://www.erienet.com/.

For more information on New York State’s ConnectALL Municipal Infrastructure Program, visit https://broadband.ny.gov/municipal-infrastructure-program. 

Assemblymember Jon D. Rivera said, “Amidst a digital era in which job prospects and income are closely related to technological education and training, no resident should be at an inherent disadvantage due to lack of affordable access to broadband. This bill gives Erie County the tools it needs to lay the groundwork for a more comprehensive, equitable fiber optic cable system.”

Senator Sean Ryan said, “In a society that is increasingly reliant on internet access for work, school, and healthcare, it is clear that fast and reliable internet service is no longer a luxury. Despite this fact, many low-income neighborhoods, rural areas, and communities of color still lack access to affordable high-speed home internet. Passing this legislation will help us finally eliminate broadband inequity by making it easier to deploy publicly owned broadband across Erie County.”

Erie County Executive Mark Poloncarz said, “Broadband infrastructure is critical to everyday life, impacting business, education, healthcare, travel and so many other areas that affect us daily. The idea behind the ErieNet initiative was to bridge that ‘digital divide’ and provide vital internet connectivity across Erie County, reaching areas that have been underserved and connecting them to the online community that others take for granted. Construction of the new ErieNet information highway is underway and I thank Assemblymember Rivera and Senator Ryan for sponsoring this legislation to ensure this community owned system continues to grow, thereby making it easier for municipalities to join this effort.”

Melissa Hartman, Executive Director of the ErieNet Program, said, “ErieNet’s mission as an open access municipal network is to provide fiber optic infrastructure that will attract various Internet service providers to all areas of Erie County, allowing for choice and affordable options to residents and businesses. The absence of such networks has contributed to the digital divide, especially in rural and inner-city locations of Erie County. I am pleased to see that Senator Ryan and Assemblyman Rivera recognize the challenges many residents face when it comes to affordable connectivity. Fiber infrastructure has become a need, not a want and municipal and non-profit fiber builds will help to keep it affordable.”