S325-2013 Actions

• Jan 9, 2013: REFERRED TO CITIES

S325-2013 Memo

BILL NUMBER:S325

TITLE OF BILL:               REVISED 12/10/12

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
paragraph  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  cellular 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  electromagnetic  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
telecommunications  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
additional categories of information that  must  be  included  on  the
department's  current  cellular antenna report and by integrating such
information in the department's building information system.

LEGISLATIVE HISTORY:

2011-12: S.6907

FISCAL IMPLICATIONS:

Yet to be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

S325-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          325
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03398-01-3
 
       S. 325                              2
 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
 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.

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