Permits for Public Pay Telephones

RCNY tit. 67, ch. 6, subch. C

in effect

67 RCNY § 6-30 Permit Required.

§ 6-30 Permit Required. (a) 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 occupying, in whole or in part, the inalienable property of the City, unless the owner of the public pay telephone has received a permit for the public pay telephone from the Commissioner pursuant to the provisions of this subchapter. (b) A permit shall include such terms and conditions for the operation of a public pay telephone as the Commissioner deems necessary to protect the public safety and to safeguard the interests of the City, including but not limited to the requirements that such telephone be in compliance with the requirements set forth in Subchapter D of this chapter. (c) A permit issued pursuant to this subchapter is valid only for the public pay telephone installation at the location for which such permit was issued and may not be transferred to a person other than the owner to whom such permit was issued without the written approval of the Commissioner. (d) Notwithstanding any other provision of this chapter, a permit for a public pay telephone shall not be issued, unless the owner of such telephone demonstrates that he or she has obtained all permissions required by applicable provisions of Federal, State and local law, as well as rules and regulations promulgated and agreements entered into pursuant thereto. (Amended City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-31 Issuance and Transfer of Permits.

§ 6-31 Issuance and Transfer of Permits. (a) The Commissioner may issue permits based upon a determination, at his or her discretion, that issuance of a permit would be in the best interests of the City. (b) A permit shall not be issued: (1) unless the applicant possesses a franchise to install, maintain and operate public pay telephones on, over and under the streets and other inalienable property of the City; (2) unless the applicant has, where required, obtained the consent of the owner or commercial lessee of a building as provided in 67 RCNY § 6-34; (3) where a public pay telephone will unreasonably interfere with the use of a street by the public or where it will unreasonably interfere with the use of the abutting property. (c) A permit issued pursuant to this chapter may be transferred to an owner other than the owner to whom the permit was issued, provided that such transfer has the written approval of the Commissioner and provided further that the transferee is the holder of a public pay telephone franchise granted by the City, and on the condition that, as of the date of the proposed transfer, neither party is in arrears or in default of: franchise fees; fines owed for notices of violation (assessed by the Environmental Control Board after either the entry of a guilty plea or the issuance of a decision in favor of the City after a hearing); or, any fees payable to the City associated with the installation, operation or maintenance of any public pay telephone installations owned or operated by either party. However, the Commissioner may waive in writing any portion of this subsection if the Commissioner determines that there is a public safety need for the public pay telephone. (Amended City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-32 Application and Fee for Permit.

§ 6-32 Application and Fee for Permit. (a) 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) The Department will accept and review applications for proposed locations of installations other than those recommended by the Department. (Amended City Record 7/9/2015, eff. 8/8/2015)

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

§ 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 67 RCNY § 6-37 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) [Reserved.] (3) [Reserved.] (4) [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 been 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 67 RCNY § 6-41, 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. (Amended City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-34 Consent of Building Owner/commercial Lessee Required.

§ 6-34 Consent of Building Owner/commercial Lessee Required. (a) Opening, drilling or other physical alteration. No permit for a public pay telephone shall be issued or renewed pursuant to this subchapter without the written consent of the owner of an affected building or other private property where the installation of such public pay telephone requires the opening, drilling or other physical alteration of a building facade or other private property or the affixing of such telephone to a building facade or other private property. Such consent shall be provided to DoITT in either of the following two forms: (1) a photocopy of an effective and binding written agreement signed by the building owner which grants the owner of the applicable public pay telephone such rights to open, drill or otherwise physically alter (including, without limitation, affixing the telephone to) the building facade or private property as are necessary to install and operate such public pay telephone, which photocopy shall be accompanied by a sworn and notarized written certification from the public pay telephone owner certifying, under penalty of perjury, that the attached photocopy is a true and complete copy of a document signed by the building owner, or (2) an alternative consent form to be prescribed by the Commissioner. (b) Access through conduit. (1) Where the installation of a public pay telephone, if accomplished in a manner other than described in subdivision (a) of this section, requires access through an existing conduit or other opening on a building facade or other private property, or such installation is to be made within six feet of a building line, no permit shall be issued or renewed without the written consent of either the building owner or the commercial lessee. (i) If the consent is from the building owner, the form of such consent shall be provided to DoITT in either of the following two forms: (A) a photocopy of an effective and binding written agreement signed by the building owner which grants the owner of the applicable public pay telephone any and all rights of access necessary to install and operate such public pay telephone (or, if no such access is required but the applicable installation is to be within six feet of the building line, granting the building owner's consent to such location) which photocopy shall be accompanied by a sworn and notarized written certification from the public pay telephone owner certifying, under penalty of perjury, that the attached photocopy is a true copy of a document signed by the building owner; or (B) an alternative consent form to be prescribed by the Commissioner. (ii) If the consent is from the commercial lessee, the requirements for the form of such consent shall be the same as that for consent from the building owner as set forth in the preceding subparagraph (i), except that references to "building owner" in subparagraph (A) of said subparagraph (i) above shall be deemed to refer to "commercial lessee" and except that in addition to the consent required under subdivision (i) above, there shall also be required a certification by the commercial lessee certifying that the building owner has authorized the commercial lessee to grant such consent and the commercial lessee has provided the building owner (or its authorized agent) with written notification (by certified mail) of such granting of consent (such written notification to include the name and address of the owner of the public pay telephone and the location of the public pay telephone in relation to the building). Such certification by the commercial lessee must be accompanied by proof of mailing of the notification to the building owner referred to in such certification. (2) Within thirty (30) days of receipt by a building owner of a commercial lessee's consent pursuant to subdivision (1) of this subdivision (b), a building owner or an authorized agent of an owner may object to the installation of a public pay telephone by notifying the applicant for a permit or the permittee, with a copy to the Commissioner, by certified mail. Within ten days of receipt of a notice in compliance with the provisions of this paragraph, such applicant or permittee shall (if the public pay telephone objected to in such notice has been installed) remove such public pay telephone unless he or she responds to the Commissioner, with a copy of such response to the owner, stating why the applicant or permittee believes that the owner lacks authority to object to the installation. (Amended City Record 7/9/2015, eff. 8/8/2015)

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

§ 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. 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 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 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) The Commissioner shall review 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. (2) Upon approval of a location, a notice to proceed shall be granted to the franchisee. (Amended City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-35.1 New Applications for Permits. [Repealed] (Repealed City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-36 Revocation of Permits, Removing and Rendering Public Pay Telephones Inoperable.

§ 6-36 Revocation of Permits, Removing and Rendering Public Pay Telephones Inoperable. (a) Grounds for action by the Commissioner. The Commissioner may take such action pursuant to this section that he or she deems necessary and appropriate where: (1) there is reasonable cause to believe that an owner, or any employee, agent or independent contractor of such owner has violated the provisions of Chapter 4 of Title 23 of the Code or any provision of this chapter, or any of the terms or conditions contained in the permit for a public pay telephone issued pursuant to the provisions of Subchapter C or the terms and conditions of the owner's franchise agreement; (2) a public pay telephone unreasonably interferes with the use of a street by the public or the use of abutting private property or constitutes a danger to life or property or a public nuisance; (3) a knowing material omission or false statement has been made in relation to any application or certification made pursuant to this chapter; or (4) an owner of a public pay telephone has failed to pay any fines or penalties imposed in relation to such telephone. (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) [Reserved.] (3) [Reserved.] (4) City authority to operate. The Commissioner may invoke the Department's authority pursuant to 67 RCNY § 6-47. (c) Notification to permittee and opportunity to contest Commissioner's action. Except as provided in subdivision (e) of this section, before taking an action pursuant to this section, the Commissioner shall notify the owner of a public telephone with regard to which the action is proposed of the reason for such proposed action. Such notice shall specify the action, if any, that may be taken by the permittee to correct the condition and the manner and time period in which such condition must be corrected or in which, if the condition is not one that is capable of correction, the time by which the telephone shall be removed. Except as provided in subdivision (d) of this section the owner shall respond no later than five business days following such notice. Such response shall either: (i) certify to the Commissioner that such condition has been corrected in accordance with the manner specified by the Commissioner in such notice; or (ii) set forth the reasons why the Commissioner should not take the proposed action. Failure of an owner to timely respond to such notice by the Commissioner shall constitute default, and shall subject the owner to revocation of the permit and removal of the telephone pursuant to the provisions of subdivision (a) of this section. The Commissioner shall review the response of the permittee and notify the permittee of the final determination and the reasons therefor. (d) Expedited removal of public nuisance. Notwithstanding any other provision of this section the Commissioner may, upon determination that a public pay telephone constitutes a public nuisance, notify the permittee of such determination and order that such telephone be removed within five (5) business days. A permittee may respond in writing to the Commissioner no later than five (5) business days following receipt of such notice setting forth any reasons why such telephone does not constitute a public nuisance. If, following review of such reasons, the Commissioner makes a final determination that such telephone constitutes a public nuisance, the Commissioner shall notify the permittee that such telephone must be removed forthwith. Failure to remove such telephone forthwith will subject the telephone to removal by the Department and repair and restoration work shall be performed at the expense of the permittee, who shall be liable in a civil action for the amount expended by the City. (e) Emergency removal of telephone by Department. (1) Notwithstanding any other provision of this section, if the Commissioner determines that an imminent threat to life or property exists, the Commissioner may remove or cause the removal of a public pay telephone and have repair and restoration work performed at the expense of the owner, without affording the owner an opportunity to be heard prior to such removal. The Commissioner may, if he or she determines that such telephone can be safely reinstalled and maintained, permit the owner to reinstall such telephone. (2) No more than five (5) business days following the removal of a public pay telephone pursuant to paragraph (1) of this subdivision, an owner of such telephone who is a permittee shall be provided notice of such removal and the reasons therefor and may respond to the Commissioner in writing setting forth the reasons why such telephone should not have been removed. The Commissioner shall review such response and notify such owner within ten days of receipt of such response of his or her final determination and the reasons therefor. (Amended City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-37 Determination of Public Nuisance.

§ 6-37 Determination of Public Nuisance. For the purposes of this subchapter, "public nuisance" shall have the meaning set forth in § 23-401 of the Code and 67 RCNY § 6-01. The Commissioner may determine that a public pay telephone constitutes a public nuisance when a written complaint is made, including, but not limited to a complaint by the Community Board in the Community District in which such telephone is located stating that such public pay telephone constitutes a public nuisance, as so defined. The complaint must also be verified by the police precinct in which such telephone is located.

67 RCNY § 6-38 Interim Issuance of Permits. [Repealed]

67 RCNY § 6-38.1 Conversion of Licensed and Interim Registry Public Pay Telephones to Permit Status Following Franchise Award. [Repealed] (Repealed City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-38.2 Moves to the Curb. [Repealed] (Repealed City Record 7/9/2015, eff. 8/8/2015)

67 RCNY § 6-39 Removal of Telephones by the Department and Disposition of Removed Telephones.

§ 6-39 Removal of Telephones by the Department and Disposition of Removed Telephones. (a) Any public pay telephones not removed by a permittee in compliance with an order of the Commissioner pursuant to this chapter shall be subject to removal pursuant to § 23-408 of the Code, and failure to so remove shall also be deemed a violation of subdivisions (b) and (c) of such section. (b) Any telephone removed pursuant to this chapter that is not claimed by its owner within thirty (30) days of removal shall be deemed abandoned pursuant to § 23-408 of the Administrative Code. All abandoned public pay telephones may be sold at public auction after having been advertised in the City Record and the proceeds paid into the general fund or such abandoned telephones may be used or converted for use by the Department or by another City agency. A public pay telephone shall be released to the owner upon payment of the costs of removal, repair and restoration work, storage, and any fees for any administrative expense or expense of additional inspections incurred by the Department as a result of the violation, or, if any action or proceeding for the violation is pending in a court or before the Environmental Control Board, upon the posting of a bond or other form of security acceptable to the Commissioner in an amount which will secure the payment of such costs and any fines or civil penalties which may be imposed for the violation. If the owner does not claim a public pay telephone that has been removed, the owner shall still be liable for said costs.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-93941Fetched: 10/24/2026