S6907-2011 Actions

• Apr 9, 2012: REFERRED TO CITIES

S6907-2011 Memo

BILL NUMBER:S6907

TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to permits for cellular antennas

SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 28-103.14.1 of the administrative
code of the city of New York, as added by local law number 33 of the
city of New York for the year 2007 by requiring the following:

1. Prior to the issuance of an alteration permit for the erection or
placement of antennae used to provide cellular telephone or similar
service or any structure related to such service, the commissioner shall
consider the aggregate total number of antennas in existence at and
proposed for the subject property at the time of submission of the
application of the permit.

2. Upon completion of the "compliance" inspection as required in para-
graph 3 below, information concerning the electromagnetic frequency
being emitted from each cellular antenna for which a permit was issued
shall be added to the list (also known as the "cellular antenna report")
maintained by the department for each alteration permit. The cellular
antenna report will also be required to list the name of the company
that is or will be utilizing the antennae to provide cellular telephone
or similar service. In addition, the information contained in the cellu-
lar antenna report shall also be included on the department's building
information system and associated with the entry for the appropriate
property.

3. Within 30 days of issuance of an alteration permit for cellular
antennae or related equipment, the commissioner shall make or require
inspections of such antennae to ascertain compliance with the provisions
of the administrative code, the provisions set forth in the application
for an alteration permit and any other laws, rules or regulations that
are enforced by the department, as well as to analyze compliance with
the standards of the Federal Communications Commission for electromag-
netic frequency emissions. Reports of such inspections shall be filed
with the department.

4. Upon completion of the inspection required above, the commissioner
shall issue a "certification of compliance" to the holder of the permit
which shall include all of the information contained in the cellular
antenna report pursuant to this section.

Section 2 of the bill sets forth an immediate effective date.

JUSTIFICATION:
The federal Telecommunications Act of 1996 prevents municipalities from
limiting the ability of telecommunications carriers to provide telecom-
munications service and from imposing any restrictions in relation to

health and/or safety regarding the installation of cellular antennas.
However, the Federal Communications Commission ("FCC") has interpreted
the law to allow municipalities to impose restrictions in relation to
the placement, construction and modification of personal wireless
service facilities.

Despite these limitations on local power, it remains incumbent on the
city to ensure that the siting and installation of cellular antennas is
done in manner which is in compliance with both current city laws and
federal law in terms of the FCC's electromagnetic frequency emission
standards.

This bill will require proof of compliance with city laws and rules and
ensure that each cellular antenna that has been installed is operating
within federal electromagnetic frequency emission guidelines.

The bill will also require the department to consider the aggregate
number of antennas in existence at and proposed for the subject property
at the time of submission of the application of the permit.  This is
imperative because current practice by the department does not appear to
consider the aggregate effects of numerous antennas being installed at
one location.

Finally, the bill will enhance transparency by increasing the amount
information available to the public regarding where cellular antenna
installations are located throughout the city and who is responsible for
their maintenance and operation. This will be achieved by adding addi-
tional categories of information that must be included on the depart-
ment's current cellular antenna report and by integrating such informa-
tion in the department's building information system.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Yet to be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

S6907-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6907

                              I N  SENATE

                                April 9, 2012
                                 ___________

  Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
    printed to be committed to the Committee on Cities

  AN ACT to amend the administrative code of the  city  of  New  York,  in
    relation to permits for cellular antennas

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  Section 28-103.14.1 of the administrative code of the city
  of New York, as added by local law number 33 of the city of New York for
  the year 2007, is amended to read as follows:

    S28-103.14.1 [List of permits] PERMITS  for  cellular  antenna;  LIST;
  INSPECTIONS.   1.  PRIOR TO THE ISSUANCE OF AN ALTERATION PERMIT FOR THE
  ERECTION OR PLACEMENT OF ANTENNAE USED TO PROVIDE CELLULAR TELEPHONE  OR
  SIMILAR  SERVICE  OR  ANY STRUCTURE RELATED TO SUCH SERVICE, THE COMMIS-
  SIONER SHALL CONSIDER THE AGGREGATE TOTAL NUMBER OF ANTENNAS  IN  EXIST-
  ENCE  AT AND PROPOSED FOR THE SUBJECT PROPERTY AT THE TIME OF SUBMISSION
  OF THE APPLICATION FOR A PERMIT.
    2. The commissioner shall  maintain  a  separate  list  of  alteration
  permits issued for the erection or placement of antennae used to provide
  cellular  telephone  or similar service or any structure related to such
  service which shall, at a minimum, set forth the name, business  address
  and business telephone number of the applicant, the date of the applica-
  tion,  the date the permit was issued, the location for which the permit
  was issued, including the premises  address  and  the  zoning  district,
  whether  residential,  commercial, or manufacturing, [and] the number of
  permits issued for such purpose at the same location AND THE NAME OF THE
  COMPANY THAT IS OR WILL BE UTILIZING THE ANTENNAE  TO  PROVIDE  CELLULAR
  TELEPHONE  OR  SIMILAR  SERVICE.    UPON  COMPLETION  OF  THE INSPECTION
  REQUIRED BY SUBDIVISION THREE  OF  THIS  SECTION,  SUCH  LIST  SHALL  BE
  UPDATED  TO  SET  FORTH THE ELECTROMAGNETIC FREQUENCY BEING EMITTED FROM
  EACH CELLULAR ANTENNA FOR WHICH A PERMIT WAS ISSUED. Such list shall  be
  made available to the public upon request between regular business hours
  and  shall  be available to the public in electronic format on a 24-hour
  basis on the department's website. THE  INFORMATION  CONTAINED  ON  SUCH

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD15228-02-2

 S. 6907                             2

  LIST  SHALL  ALSO  BE  INCLUDED ON THE DEPARTMENT'S BUILDING INFORMATION
  SYSTEM AND ASSOCIATED WITH THE ENTRY FOR THE APPROPRIATE PROPERTY.
    3.  IN ADDITION TO OTHER REQUIRED INSPECTIONS, THE COMMISSIONER SHALL,
  WITHIN THIRTY DAYS OF ISSUANCE OF AN ALTERATION PERMIT FOR THE  ERECTION
  OR  PLACEMENT  OF ANTENNAE USED TO PROVIDE CELLULAR TELEPHONE OR SIMILAR
  SERVICE OR ANY STRUCTURE  RELATED  TO  SUCH  SERVICE,  MAKE  OR  REQUIRE
  INSPECTIONS OF SUCH ANTENNAE TO ASCERTAIN COMPLIANCE WITH THE PROVISIONS
  OF  THIS CODE, THE PROVISIONS SET FORTH IN THE APPLICATION FOR AN ALTER-
  ATION PERMIT AND ANY OTHER LAWS, RULES OR REGULATIONS THAT ARE  ENFORCED
  BY  THE  DEPARTMENT, AS WELL AS TO ANALYZE COMPLIANCE WITH THE STANDARDS
  OF THE FEDERAL COMMUNICATIONS COMMISSION FOR  ELECTROMAGNETIC  FREQUENCY
  EMISSIONS.  SUCH  INSPECTIONS MAY BE MADE ON BEHALF OF THE DEPARTMENT BY
  OFFICERS AND EMPLOYEES OF THE DEPARTMENT AND OTHER CITY DEPARTMENTS  AND
  GOVERNMENTAL  AGENCIES  AND  BY APPROVED AGENCIES, SPECIAL INSPECTORS OR
  OTHER PERSONS WHEN THE COMMISSIONER IS SATISFIED AS TO THEIR  QUALIFICA-
  TIONS  AND  RELIABILITY. THE COMMISSIONER MAY ACCEPT INSPECTION AND TEST
  REPORTS FROM PERSONS AUTHORIZED BY THIS CODE OR BY THE  COMMISSIONER  TO
  PERFORM  SUCH  INSPECTIONS. SUCH REPORTS SHALL BE FILED WITH THE DEPART-
  MENT.
    4. UPON COMPLETION OF THE INSPECTION REQUIRED BY SUBDIVISION THREE  OF
  THIS SECTION, THE COMMISSIONER SHALL ISSUE A CERTIFICATION OF COMPLIANCE
  TO  THE  HOLDER  OF THE PERMIT THAT SHALL INCLUDE ALL OF THE INFORMATION
  CONTAINED ON THE LIST MAINTAINED PURSUANT TO  SUBDIVISION  TWO  OF  THIS
  SECTION.
    S 2. This act shall take effect immediately.