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

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.