Amendment of Microtrenching and PPT Rules

Adopted Rules: Closed to Comments

Agency:
Effective Date: 
Saturday, August 8, 2015

 

NEW YORK CITY DEPARTMENT OF

 

INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS

 

NOTICE OF ADOPTION OF RULE

 

Pursuant to the authority vested in the Commissioner of the Department of Information Technology and Telecommunications by section 1043 of the Charter, the Department of Information Technology and Telecommunications has adopted this amendment of Title 67 of the Rules of the City of New York regarding revisions to microtrenching and public pay telephone rules.

 

This rule was first published on May 26, 2015 and a public hearing was held on June 26, 2015. These rules will take effect 30 days after publication.

 

 

 

STATEMENT OF BASIS AND PURPOSE OF ADOPTED RULES

 

 

 

These rules amend the rules of the Department of Information Technology and Telecommunications (DoITT) in three respects. 

 

 

 

First, these rules change the procedure for obtaining City approval to perform microtrenching.  The existing rules require a telecommunications franchisee to file certain documents with DoITT after obtaining a microtrenching permit from the Department of Transportation.  The process of obtaining a permit from DOT before DoITT has completed its review has prevented DoITT from sufficiently reviewing certain documents prior to commencement of construction.   To address this problem, these rules as revised require the telecommunications franchisee to file those documents with DoITT before obtaining a microtrenching permit.

 

 

 

Second, these rules expand the permissible use of microtrenching.  The existing rules permit microtrenching in enumerated zoning districts.  These rules also allow microtrenching, regardless of zoning district, to provide fiber-optic service to telecommunications structures within the City streets, such as, for example, fixtures on street light poles and sidewalk public communications structures.

 

 

 

Third, these rules repeal outdated portions of DoITT’s current rules governing public pay telephones.  The former public pay telephone franchises were replaced by a new franchise for public communications structures that can include both public pay telephone and mobile telecommunications functionality.  These rules revise the existing public pay telephone rules to accommodate the new franchise.

 

 

 

These rules are promulgated pursuant to DoITT’s rulemaking authority under section 1043 of the Charter of the City of New York and Chapter 4 of Title 23 of the New York City Administrative Code.

 

 

 

 

 

New material is underlined.

 

[Deleted material is in brackets.]

 

 

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise.

 

 

 

Section 1.  Section 1-02 of title 67 of the Rules of the City of New York is amended to read as follows:

 

 

 

Section 1-02    Microtrenching permitted: notifications to the Department

 

(a)  An owner may perform microtrenching to the extent allowed by a permit issued by the Department of Transportation.  New microtrenching will not be permitted where sufficient excess capacity is available in existing microtrenching.  Before applying to the Department of Transportation for such a permit, the owner must obtain a certification from the Department that no excess capacity is available in the location the owner proposes for microtrenching.  The owner must submit that certification to the Department of Transportation as part of the owner’s application for a permit.

 

 

 

(b)  An owner must install conduit in a way that will readily permit another owner to add length to the microtrenching by connecting its own conduit to the first owner’s conduit.  Where an owner connects its own conduit to another owner’s previously installed conduit, the owner must install conduit that has the same number of pathways or pipes as the previous owner’s conduit. 

 

 

 

(c)  Microtrenching will be permitted only for:

 

a.     fiber-optic service to properties within the following zoning districts as defined pursuant to the New York City Zoning Resolution: R1, R2, R2A, R2X,  R3, R3-1, R3-2, R3-A, R3-X, R4, R4-1, R4A, R4B, R5, R5-A, R5-B, R5-D, C1-1, C1-2, C1-4, C1-5, C2-1, C2-2, C2-3, C2-4, C2-5, C-3, C4 (but only to premises with a commercial floor area ratio of 2.0 or less), M-1 (but only to premises with a manufacturing floor area ratio of 2.0 or less), M-2, M-3, and special purpose districts (but only to premises with a floor area ratio of 2.0 or less); and

 

b.    fiber-optic service to telecommunications structures or equipment within the boundaries of streets regardless of zoning.

 

 

 

(d)  [After obtaining] Before applying for a permit for microtrenching from the Department of Transportation, [but before beginning microtrenching construction, an owner must notify the Department of the intended dates of the start and completion of microtrenching construction.  Notification must be made on a form and in a format prescribed by the Department.  The] the owner must submit the following documents [with the notification] to the Department:

 

a.    Proof of security.  “Proof of security” means proof that the issuer of any bond, insurance, letter of credit or other security issued in connection with the owner’s telecommunications franchise agreements has agreed to extend the coverage of such security to the owner’s microtrenching, without change to any other terms and conditions of such security that are for the benefit of the Department or the City.  The Department will have the right to draw on the security to cover any unpaid fines assessed pursuant to section 1-07(c) of this chapter, or to cover any unmet obligation to remove conduit pursuant to section 1-06 of this chapter.

 

b.    Indemnification.  The owner shall execute an indemnification agreement prepared by the Department. 

 

 

 

(e)  After obtaining a permit for microtrenching from the Department of Transportation, but before beginning microtrenching construction, the owner must notify the Department of the intended dates of the start and completion of microtrenching construction.  Notification must be made on a form and in a format prescribed by the Department.

 

 

 

(f) Promptly after completion of microtrenching construction, and at most within 40 calendar days after the Department of Transportation issued the permit for microtrenching, the owner must file a document with the Department, in a format to be prescribed by the Department, containing the following information:

 

a.    An “as-built” drawing of the conduit installed.  The “as-built” drawing will be treated as proprietary and confidential, to the extent permitted by law.

 

b.    A map showing the street location of the conduit including the side of the street the conduit is on, the beginning and ending points of the conduit, the number of ducts in the conduit, and the number of ducts of excess capacity in the conduit.  The map must accurately reflect the addresses of buildings that are passed by the conduit.  The map may be made public, by itself or in aggregation with other maps, at the discretion of the Department.

 

 

 

Section 2.  Subparagraphs (iii) and (iv) of paragraph c of subdivision (c) of section 1-07 of title 67 of the Rules of the City of New York is amended to read as follows:

 

iii.  Section 1-02([d]e):  Failure to notify the Department, or to timely notify the Department, of the intended dates of microtrenching construction.

 

iv.  Section 1-02([e]f):  Failure to file, or to timely file, drawings as required after conclusion of microtrenching construction.

 

 

 

 

 

Section 3.  Section 6-01 of title 67 of the Rules of the City of New York is amended by deleting the definitions of “Interim Eligible Public Pay Telephone” and “Registry.”

 

 

 

 

 

Section 4.  Subdivisions (a), (b) and (c) of section 6-02 of title 67 of the Rules of the City of New York is amended to read as follows:

 

 

 

§6-02  Penalties.

 

 

 

(a)  In addition to the civil penalties provided in subdivisions (c) and (d) of this section, an owner who maintains or operates a public pay telephone without a permit issued pursuant to this chapter[, except for an owner all of whose public pay telephones are eligible for, and are in the process of, conversion to permit status under §6-38.1 of this chapter] shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than ten thousand dollars ($10,000) and imprisonment of not more than thirty days, or both such fine and imprisonment.

 

 

 

(b)  Notwithstanding any other provision of this section:

 

    (1)  an owner who fails on two occasions within any three month period to provide phone service from a public pay telephone for any period of time exceeding twenty-four continuous hours or who fails to provide coinless twenty-four hour 911 service from such public pay telephone in compliance with the provisions of subdivision (a) or subdivision (b) of §6-05 of this chapter, as the case may be, shall be in violation of such subdivision(s) and shall be liable for a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation which may be recovered in a civil action or in a proceeding before the Environmental Control Board. In the case of a violation exceeding twenty-four hours, each day's continuance shall be a separate and distinct occasion in which an offense has occurred. An owner of a public pay telephone shall not be considered to have failed to provide the service required in this subdivision where such owner has posted and maintained a written notification on the public pay telephone within seventy-two hours of the occurrence and provided written notification to the Department, within twenty-four hours, of the occurrence of an event or a condition beyond his or her control, such as a power failure or an inability of the telephone company to provide access to the switched telephone network, that has rendered such telephone unable to provide such service. [However, in the event that service is not restored to the public pay telephone within ninety (90) days of the date the loss of service began, the owner of the public pay telephone shall again be considered to have failed to provide the service required in this subchapter unless the owner temporarily removes the public pay telephone installation and informs the Department of such temporary removal, which may not exceed six (6) months. If the temporary removal exceeds 6 months, the permit or other authorization for the public pay telephone shall be revoked and the public pay telephone must be removed. Notwithstanding the above, if the temporary removal exceeds six (6) months and either: (i) the public pay telephone site is inaccessible to the public; or, (ii) there is litigation pending concerning the failure of the provider to provide service to the subject public pay telephone, the six (6) month period may be extended in three (3) month intervals, subject to approval by the Department, for each three (3) month extension.]

 

    (2)  an owner who fails on at least two occasions, each such occasion lasting for a duration of forty-eight (48) hours, or on one occasion that lasts for a duration of seventy-two (72) hours to maintain a public pay telephone in compliance with the provisions of subdivision (c) of §6-05 of this chapter shall be in violation of such subdivision and shall be liable for a civil penalty of not more than one thousand dollars ($1,000) for each such violation.

 

 

 

(c)  Notwithstanding any other provision of §6-02, violation of any provision of this chapter [, including failure to comply with the requirements of subchapter B of this chapter with regard to an interim eligible public pay telephone,] shall be punishable by a civil penalty of not more than one thousand dollars ($1,000) for each such violation, recoverable in a civil action or in a proceeding before the Environmental Control Board. In the case of a continuing violation, each day's continuance shall be a separate and distinct offense.

 

 

 

 

 

 

 

Section 5.  Subdivision (b) of section 6-05 of title 67 of the Rules of the City of New York is amended by adding a new paragraph (4), to read as follows:

 

 

 

   (4) A public pay telephone that is incorporated into a structure that provides free wifi service must provide free domestic telephone service pursuant to the provider’s franchise contract and remain in working order.

 

 

 

Section 6.  Section 6-06 of title 67 of the Rules of the City of New York is amended as follows:

 

 

 

§6-06  Advertisements.

 

 

 

[(a)]  A public pay telephone shall not display advertising material, unless in accordance with the provisions of a franchise. [In no event shall advertising material be displayed on a newly erected public pay telephone installation until dial tone service from all public pay telephones installed within such installation has commenced. However, if:

 

    (1)  dial tone has not been established by a provider of same within thirty (30) days after the erection of the installation and the emplacement of all public pay telephones to be installed within such installation, and the request of the franchisee to the provider to establish such service; and

 

    (2)  said franchisee has provided the Department with (i) proof in a form acceptable to the Commissioner that said franchisee has installed the necessary conduit or duct and completed all necessary steps for ordering dial tone service, (ii) a copy of the Department of Transportation street opening permit for the installation, and (iii) proof in a form acceptable to the Commissioner that the conduit or duct has been properly installed; and

 

    (3)  said franchisee has placed and maintained a clear, legible and visible sign, placard or other form of announcement on the enclosure explaining the cause(s) of the failure after thirty (30) days to provide dial tone on any and all pay telephone(s) without dial tone; then

 

    (4)  said franchisee may display advertising at such installation unless the Department determines that the franchisee has acted in bad faith regarding establishing dial tone at the pay telephones in such installation.

 

 

 

(b)  Except as otherwise provided in subdivision (a) of this §6-06, in no event shall advertising material be displayed on any public pay telephone installation during any period in excess of the longer of either forty-eight (48) hours or two (2) business days, that a telephone has been removed from within such installation and not replaced by a functioning telephone, or any or all of the telephones with such installation are unable to provide dial tone, unless the franchisee has provided notice to the Department with respect to the circumstances underlying the loss of dial tone such as power failure or the inability of the dial tone provider to provide access to the public switched telephone network. The Department may require advertising material to be removed from said installation if the Commissioner determines that said franchisee could have avoided interruption of dial tone or re-established service within forty-eight (48) hours or two (2) business days.

 

 

 

(c)  The display of advertising on any enclosure installed pursuant to a notice to proceed issued after December 4, 2004 shall be prohibited in the following Community Districts of Manhattan: 1, 2, 3, 4, 5, 6, 7, and 8.

 

 

 

(d)  In locations where these Rules prohibit the display of advertising, the public pay telephone installation shall be the smallest design currently approved by the Art Commission.]

 

 

 

 

 

Section 7.  Subchapter B of chapter 6 of Title 6 of the Rules of the City of New York,, consisting of sections 6-21 through 6-27, relating to the interim registry of pay telephones, is repealed.

 

 

 

 

 

Section 8.  Subdivision (a) of section 6-30 of title 67 of the Rules of the City of New York is amended to read as follows:

 

 

 

§6-30  Permit Required.

 

 

 

(a)   [Except as provided in subchapter B of this chapter in regard to interim eligible public pay telephones and subdivision (a) of §5 of Local Law No. 68 for the Year 1995 in regard to telephones licensed pursuant to former §§19-131 or 19-128 of the Code, no] No public pay telephone shall be installed, operated or maintained on, over or under any street or other inalienable property of the City, or installed such that a user of such public pay telephone can only use such telephone while [standing] occupying, in whole or in part, [on] the inalienable property of the City, unless the owner of the public pay telephone has received a permit for [such] the public pay telephone from the Commissioner pursuant to the provisions of this subchapter. [Pursuant to §7 of Local Law No. 68 for the Year 1995, the period of three years following the effective date of Local Law No. 68 for the Year 1995, provided for in subdivision (a) of §5 of such local law regarding the continuation in effect of the licenses previously issued to the telephone company, and the period of three years provided for in subdivision (c) of such section regarding the obligation of the telephone company to pay commissions, are extended until September 4, 1999, or until ninety days following such date as the telephone company may be granted a franchise to install, operate and maintain public pay telephones, whichever is earlier.]

 

 

 

 

 

 

 

 

 

Section 9.  Subdivision (c) of section 6-31 of title 67 of the Rules of the City of New York, relating to the non-issuance of permits to owners of public pay telephones listed in the interim registry, is repealed, and subdivision (d) is relettered as subdivision (c).

 

 

 

 

 

Section 10.  Section 6-32 of title 67 of the Rules of the City of New York is amended to read as follows:

 

 

 

§6-32  Application and Fee for Permit.

 

 

 

(a)  [An application for a permit to install, operate and maintain a public pay telephone shall be in a form prescribed by the Commissioner and shall be accompanied by] Prior to the issuance of a permit for a new installation, franchisee must submit the permit fee of three hundred ninety-five dollars ($395).

 

 

 

(b)  [An application for a permit shall be denied if the fee required by subdivision (a) of this section is not included with the application.

 

 

 

(c) An application for an Extension to a Notice to Proceed shall be accompanied by a processing fee of thirty-five dollars ($35). Applications for an Extension to a Notice to Proceed received after the effective date of this §6-32 shall be denied unless accompanied by the fee required pursuant to this §6-32.

 

 

 

(d)  Notwithstanding anything to the contrary in this §6-32, no permit application fee shall be required in connection with the installation of a public pay telephone at a particular location if the installing owner has been directed by the Commissioner to install such public pay telephone at such location after a determination by the Commissioner that (i) no application for such an installation at such location has been received by DoITT, and (ii) lack of a public pay telephone at such location may pose a risk to public health, safety or welfare] The Department will accept and review applications for proposed locations of installations other than those recommended by the Department.

 

 

 

 

 

Section 11.  Section 6-33 of title 67 of the Rules of the City of New York is amended to read as follows:

 

 

 

§6-33  Term of Permit; Termination of Permit.

 

 

 

(a)  Term of permit. A permit for a public pay telephone shall continue in effect, unless earlier revoked or suspended by the Commissioner pursuant to §6-37 of this subchapter or §23-404 of the Administrative Code, for the term of the franchise held by the owner of such telephone except:

 

    (1)    as provided in subdivision (b) of this section; or

 

    (2)   [as provided in subdivision (b) of §6-38 of this chapter in regard to a public pay telephone the owner of which has not been awarded a franchise;] Reserved.

 

    (3)   [as provided in §6-46 of this chapter;] Reserved.

 

    (4)   [as provided in subdivision (c) of §6-31 of this chapter in regard to an owner of public pay telephones that has persistently failed to maintain such telephones free of graffiti or has otherwise failed to repair such telephones or maintain such telephones in a safe and clean condition; or] Reserved.

 

    (5)  if the Commissioner determines after grant of the permit that the permitted public pay telephone was located or installed in violation of any applicable provision of subchapter D of this chapter.

 

    (6) Provided however that permits issued to an owner prior to the expiration of a franchise may be transferred or reallocated after such expiration to another owner whose franchise has not terminated.

 

 

 

(b)  Termination of permit. (1) The Commissioner may terminate a permit and require the removal of a public pay phone upon a determination that (i) the public pay telephone unreasonably interferes with or, as a result of changed conditions, will unreasonably interfere with the use of a street by the public or constitutes a public nuisance; or (ii) that removal of the public pay telephone is required in connection with a street widening or other capital project.

 

    (2)  The Commissioner shall notify the permittee of his or her intention to terminate the permit and the reason for such proposed action. No later than five business days following such notification, the permittee may submit a letter to the Commissioner setting forth any reasons why such permit should not be terminated and such telephone removed. The Commissioner shall review the reasons set forth in such letter and shall determine whether to terminate the permit and require the removal of the telephone. The Commissioner shall notify the permittee of his or her final determination and the reasons therefor and shall, where applicable, specify in such notice the date by which the telephone shall be removed. In the event that the permittee fails to remove the public pay telephone by the date specified by the Commissioner, the Commissioner may remove or cause the removal of the public pay telephones and have repair and restoration work performed at the expense of the permittee, who shall be liable in a civil action for the amount expended by the City.

 

    (3)  (i)  In the event that a public pay telephone is removed in connection with a street widening or capital project as provided in subparagraph (b)(1)(ii) or at the request of the Commissioner, the permittee may apply to the Commissioner for permission to reinstall the public pay telephone at another location (provided however that such installation shall be compliant with §6-41 of this chapter, unless such compliance is waived in writing by the Commissioner) or, following the completion of such street widening or capital project, at or near its original location. A fee will not be required.

 

    (ii)  Where such permission is granted, the permittee shall not be required to obtain a new permit for the public pay telephone and the permit previously issued for such public pay telephone shall continue in effect. In the event that the permittee elects not to install such public pay telephone at another location, the fee for such a permit shall be kept in reserve and may be applied to the next permit requested by the permittee.

 

    (iii)  If such public pay telephone is reinstalled at another location the permittee may apply to the Commissioner for a new permit to install another public pay telephone following the completion of such street widening or capital improvement at the same address as the original public pay telephone previously removed in connection therewith. The Commissioner, acting at his or her discretion, may award or deny such application based upon a determination that such action is in the best interests of the City.

 

    [(iv)  If a pending application pursuant to paragraph (b)(2) of §6-35 would, if granted, render the location requested in the application under this subdivision (b) inconsistent with §6-41 of this chapter, then the application under this subdivision shall not be granted unless the pending application pursuant to paragraph (b)(2) of §6-35 shall be rejected. If the pending application pursuant to paragraph (b)(2) of §6-35 shall be granted, the application for relocation under this subdivision shall be denied.]

 

 

 

 

 

Section 11.  Paragraph (iii) of subdivision (b) of section 6-34 of title 67 of the Rules of the City of New York, relating to an exception from the requirements of that subdivision, is repealed.

 

 

 

 

 

Section 12.  Section 6-35 of title 67 of the Rules of the City of New York is amended to read as follows:

 

 

 

§6-35  Notification by Department to Agencies and Review of Application for Permits.

 

 

 

(a)  Notification.

 

    (1)  The Department shall notify the Department of Transportation or any successor of such agency, on a periodic basis of the location of public pay telephones for which permits are being sought[, except for the telephones identified in the application described in subdivision (a) of §6-38.1 of this subchapter]. The Department of Transportation may review such locations and, within thirty (30) business days of such notification, submit comments to the Commissioner in regard to any such telephone or telephones.

 

    (2)  The Department shall also, on a periodic basis, notify the pertinent Borough Presidents, Council Members and Community Boards of the opportunity to review [permit applications that have been received from franchisees for public pay telephones] proposed locations. A Borough President, Council Member, or Community Board may review any such application and, within thirty business days of such notification, submit comments in writing to the Commissioner in regard to such application. The Commissioner may extend such review period by an additional ninety days upon determining that an additional period is necessary for a full and complete review of such [permit applications] proposed locations.

 

    (3)  If the Department determines that a proposed public pay telephone is located in an historic district, approval of such application will be contingent upon compliance with the rules of the Landmarks Preservation Commission concerning public pay telephone installations.

 

 

 

(b)  Review of comments and application.

 

    (1)  [Review and conditions.

 

    (i)]  The Commissioner shall review [the application for permits and] any comments received from agencies, Borough Presidents, Council Members, Community Boards, and other members of the public prior to making a determination regarding such permits. The Commissioner shall notify the owner of any requirement that shall be a condition of the issuance of a permit. The owner may, within five (5) business days of such notice from the Commissioner, object in writing to the Commissioner to any such condition. The Commissioner shall review such objection and notify the owner of his or her determination and the reasons therefor.

 

    [(ii)  Applications are not transferable by the owner who submits such applications.] (2) Upon approval of [an application] a location, a [permit shall be granted only to the entity that submitted the application. If the entity that submitted the application is not eligible to receive a permit, the application will be denied] notice to proceed shall be granted to the franchisee.

 

    

 

    [(2) A "qualifying" application for a permit is defined as an application that would be granted under the provisions of this chapter if there were no competing application for permit.]

 

 

 

Section 13.  Subdivision (b) of section 6-36 of title 67 of the Rules of the City of New York is amended to read as follows:

 

 (b)  Actions by the Commissioner. In addition to any civil or criminal penalties provided by law, the Commissioner may take one or more of the following actions upon the occurrence of an event described in subdivision (a) of this section.

 

    (1)  Revocation of permit and removal of telephone. The Commissioner may revoke a permit, and upon such revocation, may further order the removal of the public pay telephone for which such permit has been issued. In the event the permittee fails to remove the public pay telephone and to perform related repair and restoration work within the time period specified by such order, the Commissioner may remove or cause the removal of the public pay telephone and have repair and restoration work performed at the expense of the former permittee, who shall be liable for the amount expended by the City.

 

    (2)   [Rendering a telephone inoperable. The Commissioner may render a public pay telephone inoperable except for the purpose of emergency telephone service through the 911 system or an operator. Such action may continue until the permittee has corrected the condition to the satisfaction of the Commissioner and payment has been made of all civil penalties imposed for the violation and any fees for any administrative expense or expense of additional inspections incurred by the City as a result of such condition. The Commissioner shall affix to any public pay telephone rendered inoperable pursuant to this paragraph a notice advising the public that the phone may be used only for emergency telephone service through the 911 system or an operator and setting forth the provisions of §23-408(i)(1)(cc) of the Code. Any device utilized by the Commissioner for the purpose of rendering a public pay telephone inoperable shall be designed so as to permit the unimpaired use of the public pay telephone upon the removal of the device.] Reserved.

 

    (3)   [Suspension of review of applications. The Commissioner may suspend review of all applications for the issuance or renewal of permits filed by such owner pursuant to this chapter. Such suspension may continue until the condition has been corrected to the satisfaction of the Commissioner and payment has been made of all fines or civil penalties imposed for the violation, any costs incurred by the City for removal and related repair or restoration work, and any fees for any administrative expense or expense of additional inspections incurred by the City as a result of such condition.] Reserved.

 

    (4) City authority to operate. The Commissioner may invoke the Department's authority pursuant to §6-47 of this chapter.

 

 

 

 

 

 

 

Section 14.  Sections 6-35.1, relating to new applications for public pay telephone permits, 6-38.1, relating to conversion of interim registry public pay telephones to permanent status,  and 6-38.2, relating to moves to the curb, of title 67 of the Rules of the City of New York are repealed.

 

 

 

 

 

Section 15.  Section 6-40 of title 67 of the Rules of the City of New York is amended to read as follows:

 

 

 

§6-40  Applicability.

 

 

 

[(a)]  A public pay telephone shall comply with the requirements set forth in this subchapter provided, however, that the provisions of subdivision (d), subparagraphs (i), (ii), (vii), (viii) and (x) through (xxiv) of paragraph (e)(2), and subdivisions (f) through (n) of §6-41 of subchapter D shall not apply to [the following:

 

    (1)] a public pay telephone permitted pursuant to this chapter that was previously licensed pursuant to former §19-131 or 19-128 of the Code[; or

 

    (2)  a public pay telephone permitted pursuant to this chapter installed prior to March 1, 1996 that was listed on an interim registry pursuant to the provisions of subchapter B of this chapter and that has not been objected to by the Commissioner pursuant to §6-24 of this chapter.

 

 

 

(b) A public pay telephone for which an interim permit has been issued pursuant to subchapter C of this chapter shall comply with the requirements set forth in this subchapter provided, however, that the provisions of paragraph (j)(2) of §6-41 shall not apply to public pay telephones issued interim permits prior to June 26, 1998.

 

 

 

(c)  A public pay telephone that is not in compliance with the provisions of this subchapter shall be in violation thereof and the owner of such telephone shall be subject to the penalties set forth in §6-02 of this chapter (and the grant by the Commissioner of a permit for a public pay telephone, whether under §6-38.1, §6-31 or otherwise, shall not be deemed to be a waiver of such required compliance or to immunize an owner from such penalties)].

 

 

 

 

 

Section 16.  Paragraph (4) of subdivision (c) of section 6-41 of title 67 of the Rules of the City of New York, prohibiting certain public pay telephones from restricting access to building entrances or cellar doors, is repealed, and subdivisions (f), (j) and (k) are amended to read as follows:

 

 

 

 

 

 

 

(f)  Required distance from other public pay telephone. A pedestal or other structure that holds a public pay telephone shall be located at least fifty (50) feet from any other such pedestal or structure on any one block face. For purposes of this subdivision "block face" shall mean that portion of the sidewalk on one side of a street which is between the building line and the curb and which is between the boundaries of the corner area at either end of the block. For purposes of this subdivision, "corner area" shall mean the area bounded by extending the intersecting building lines to the curb and the lines to the curb between the two extended building lines. [Nothing in this section shall be construed to prohibit the placement of a public pay telephone at the building line within ten (10) feet of a corner, provided however that the placement of such public pay telephone on such building line leaves an adequate unobstructed passage for pedestrians.]

 

 

 

 

 

 

 

(j)  Number of public pay telephones at any location. (1) There shall be no more than three (3) public pay telephones installed on a single pedestal or in an in-line configuration on a sidewalk between two street corners in the City. There shall be no more than one wall-mounted public pay telephone in any one location. There shall be a distance of fifty (50) feet between any two installations of public pay telephones. An in-line configuration shall not exceed a footprint of 35" × 120".

 

    (2)  There shall be no more than the following number of public pay telephones on any sidewalk between two street corners in the City;

 

    (i)  on any such sidewalk that is one hundred (100) feet or less, a maximum of: one public pay telephone installation that includes no more than one public pay telephone;

 

    (ii)  on any such sidewalk that is more than one hundred (100) feet and less than three hundred (300) feet, a maximum of: two public pay telephone installations [that contain in the aggregate no more than four public pay telephones];

 

    (iii)   [on any such sidewalk that is at least three hundred (300) feet but less than six hundred (600) feet, a maximum of: two public pay telephone installations that contain in the aggregate no more than six public pay telephones;] Reserved.

 

    (iv)  [on any such sidewalk that is six hundred (600) feet or more, a maximum of: three public pay telephone installations that contain in the aggregate no more than nine public pay telephones] After March 21, 2015 new public pay telephone installations may not be installed closer than 170 feet to an existing public pay telephone installation.

 

    (3)  There shall be no more than one public pay telephone installation within fifty (50) feet of any corner area of any street corner. "Corner area" shall have the same meaning as set forth thereof in paragraph (f) of this section. Notwithstanding any other provision of this paragraph, in no event shall a public pay telephone be installed where such installation would result in more than four public pay telephone installations within fifty feet of the corner area at any intersection with any number of corner areas. This paragraph shall not apply to public pay telephones installed or issued a notice to proceed by the Department prior to June 26, 1998.

 

    (4)  Nothing in this subdivision shall be construed to  require the removal of a public pay telephone that [has been registered with the Department pursuant to §6-21 of this chapter; or] has been issued a permit by the Department prior to the effective date of these rules[;] or was operational pursuant to a license issued pursuant to the provisions of former §19-128 or 19-131 of the Administrative Code of the City of New York[;

 

    (5)  No permit or request for relocation is to be granted under this chapter if a permit or Request for Move to Curb, notice to proceed or conditional permit has previously been granted which would result in the installation of a public pay telephone that would render the installation sought impermissible under this subdivision (j) or subdivision (f) of this §6-41, unless a waiver is granted by the Commissioner under subdivision (n) of this §6-41 or unless such previously granted permit or Request for Move to Curb, notice to proceed or conditional permit has been terminated or revoked].

 

 

 

(k)   [Dimensions of telephones with enclosures. (1) If mounted in an enclosure, such enclosure should, in the case of a telephone installed and activated prior to March 1, 1996, be no greater than 35" × 44", and for a public pay telephone installed and activated after March 1, 1996, such enclosure shall be no greater than 35" × 44" for one (1) telephone, no greater than 35" × 88" for an in-line installation of two (2) telephones, and no greater than 35" × 120" for an in-line installation of three (3) telephones.

 

    (2)  Except as otherwise waived in writing by the Commissioner, such enclosures shall not exceed 90" in height excluding a mast which shall not exceed 90" in height. (Unless waived in writing by the Commissioner, the total height of the combined public pay telephone and service mast shall not exceed 180"). At no time shall the overhead communications service wiring with a drip loop be less than ten (10) feet above the ground.] Reserved.

 

 

 

 

 

 

 

Section 17.  Section 6-48 of title 67 of the Rules of the City of New York is amended to read as follows:

 

 

 

§6-48  Fee Nonrefundable.

 

 

 

[The] A three hundred ninety five dollars ($395) fee will be required prior to [accompany any permit application or Request for Move to Curb under this chapter and the thirty-five dollar ($35) fee required to accompany any application for an Extension to a Notice to Proceed] the issuance of a new permit and shall be nonrefundable.