Bill S325-2013

Relates to permits for cellular antennas in the city of New York

Relates to permits for cellular antennas in the city of New York.

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  • Jan 8, 2014: REFERRED TO CITIES
  • Jan 9, 2013: REFERRED TO CITIES

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 325 2013-2014 Regular Sessions IN 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
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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