senate Bill S325

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cities
Jan 09, 2013 referred to cities

S325 - Bill Details

Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd ยง28-103.14.1, NYC Ad Cd
Versions Introduced in 2011-2012 Legislative Session:
S6907

S325 - Bill Texts

view summary

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

view sponsor 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   325

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.