STATE OF NEW YORK PUBLIC SERVICE COMMISSION At a session of the Public Service Commission held in the City of Albany on October 19, 2017 COMMISSIONERS PRESENT: John B. Rhodes, Chair Gregg C. Sayre Diane X. Burman James S. Alesi CASE 17-V-0122 – Petition of Verizon New York Inc. for Orders of Entry for 17 Multiple-Dwelling Unit Buildings in the City of New York. ORDERS OF ENTRY (Issued and Effective October 27, 2017) BY THE COMMISSION: INTRODUCTION AND BACKGROUND On March 18, 2016, Verizon New York Inc. (Verizon or the Company) filed a Verified Petition for Orders of Entry (petition) seeking access to 17 Multiple-Dwelling Unit Buildings in the City of New York (premises).
Subsequent to the Company’s
filing, it was successful in obtaining access to four of those properties or named them in error and withdrew its complaint against them.
In addition, the Company advises that it is
currently working with two other properties that are cooperating with Verizon and, thus, there is no need, at this time, to decide the petitions against those premises.
For one property,
Staff was unable to effectuate delivery of its request for a response to Verizon’s petition. 1
For the remaining ten
The Department of Public Service Staff (Staff) intends to work with Verizon and those property representatives in the future Verizon cannot obtain access. If Staff is unsuccessful in facilitating mutually agreed upon access by Verizon, Staff will recommend further action for Commission consideration.
CASE 17-V-0122 properties, we have not received any responses.
of those premises have, according to Verizon, denied access to the Company and failed to return correspondences and notices requesting access from both the Company and Staff. Access by Verizon is required for the purpose of installing cable television facilities to provide cable service to tenants residing in its franchise area and to upgrade its equipment.
A landlord is prohibited from interfering with the
installation of cable television facilities upon a property or premises (Public Service Law (PSL) §228(1)(a)).
Upon failure of
a landlord to grant access, the Commission may issue an Order of Entry, provided the cable television company complies with applicable statutory and regulatory requirements (PSL §228(1)(a) and 16 NYCRR Part 898).
In its petition, Verizon submits
information establishing that it complied with the statutory and regulatory requirements and conditions necessary for granting an Order of Entry.
Accordingly, we grant Verizon’s request for
Orders of Entry to install its cable television facilities on the premises listed in the attachment to this order, as requested in its petition. PETITION Verizon seeks to enter the premises for the purpose of installing fiber optic feeder cable approximately .5” in diameter between a Verizon manhole in the street and the basement of the building, using existing entrance conduit.
fiber terminal (approximately 17”x20”x16”) will be installed in the basement.
Fiber distribution cables approximately .5” in
diameter will be connected to the fiber terminal and will be run horizontally through the basement, using strand wire or 3‐4” metallic conduit to a vertical riser path.
consisting of one or more fiber cables approximately .5” or less -2-
in diameter will be placed in 3‐4” metallic conduit, which will be run through newly created holes drilled in the stairwell. 8”pull boxes will be established on the stairwell landing on each floor to house the pulled‐through fiber cables.
warranted, 20”x16”x8”lock boxes will be installed on the floor to house fiber distribution terminals.
connections to each living unit (drops) will be established with self‐adhesive fiber cables.
Small (4”x1.5”x.25”) fiber
termination boxes will be installed outside each living unit; the fiber drop will be extended into the living unit from this box at the time of installation.
All Verizon work will be
conducted in conformity with the property work requirements and with consideration for the safety of the residents and the proper functioning of the building.
Impact to building
aesthetics will be minimized by the use of materials smaller than those that typically serve the building at present. In its petition, the company provides details of its attempts to gain access to the premises including: numerous letters and notices in 2016 and 2017 attempting to discuss with management the company’s right and obligation to provide cable services and description of the required access; and, service on the premises’ management of Notices of Intention to Install Cable Television Facilities (Notice of Intent) and its Verified Petition for Order of Entry. The petition also states that Verizon will assume the entire cost of installation of its facilities; has obtained insurance to indemnify the building’s management for any damage caused in connection with the installation, operation and removal of equipment; and, will install the facilities in a manner that protects the safety, functioning and appearance of the premises and convenience and well-being of its tenants.
date, the company states that the owner has not responded to its -3-
CASE 17-V-0122 requests and repeated attempts to gain entry to the premises. The premises management did not file a response to the petition, despite a request by Department of Public Service Staff for an explanation of the failure to provide access to Verizon for installation of its cable television facilities. DISCUSSION No landlord shall interfere with the installation of cable television facilities upon a property or premises, provided the installation conforms to reasonable conditions necessary to protect the safety, functioning and appearance of the premises and convenience and well-being of the tenants; and, the cable television company assumes the entire cost and agrees to indemnify the owner for any damage caused by the installation, operation or removal of the equipment and facilities (PSL §228(1)(a)).
The Commission’s rules establish
requirements for access to premises for installation of cable television facilities.
These requirements include service of a
Notice of Intent at least 15 days prior to commencement of the installation (16 NYCRR §898.3); if installation of the facilities is not effected pursuant to the Notice, submission to the Commission and service on the landlord of a verified petition containing specific information; and, opportunity for the landlord to answer the petition within 20 days of its receipt. In its petition, Verizon proposes a reasonable plan for its cable installation, and states that its installation plan will protect the safety, functioning and appearance of the premises and the tenant’s convenience and well-being.
addition, it will bear the costs of the installation, operation or removal of its facilities and indemnify the landlord for any damage caused by the installation, operation or removal. -4-
CASE 17-V-0122 provided the information required in our rules for granting an Order of Entry, including proof of service of its Notice of Intent on the landlord, a description of the proposed installation, proof of insurance, and a summary of efforts to effectuate entry.
Accordingly, Verizon complied with the
requirements established for granting Orders of Entry (PSL §228(1)(a) and 16 NYCRR §898.4). Our rules provide that, upon failure of a landlord to answer a petition or appear in an Order of Entry proceeding, the Commission may grant the petitioning cable television company an Order of Entry (16 NYCRR §898.4).
A statutory obligation is
imposed on a landlord to provide a right of entry for installation of cable television facilities, upon reasonable conditions; and, the owner of the premises did not respond to requests for access or an explanation of the failure to provide access. Granting access to the premises in this instance is necessary to ensure that Verizon is able to provide its customers enhanced cable service including, but not limited to, digital television and high speed cable modem services in compliance with its obligations under the franchise agreement with the City of New York.
Verizon is obligated, pursuant to
its franchise agreement with the City of New York to provide cable service upon request and to upgrade its system to offer these enhanced services.
Therefore, granting access to the
premises serves a valid public interest. The Commission determines that Verizon complied with the requirements of PSL §228(1)(a) and 16 NYCRR Part 898 and grant Verizon Orders of Entry for the properties attached to this order.
These Orders of Entry are granted without prejudice
CASE 17-V-0122 to the legal rights of the owner, including just compensation2 under PSL §228 and 16 NYCRR Part 898.
Finally, the Commission
has heard from a number of property owners regarding Verizon’s tactics that it utilizes to try to gain access to the premises the Company seeks to enter to install equipment.
We note here,
that despite its purported failed attempts to gain access to those premises listed below as well any others, the Commission fully expects the Company to exercise appropriate action in its attempts to enter those premises and proceed consistent with our statutory and regulatory requirements (PSL §228 and 16 NYCRR Part 896). CONCLUSION Verizon complied with the requirements of PSL §228(1)(a) and 16 NYCRR §898.4.
Orders of Entry to the premises
attached hereto for installation and upgrade of cable television facilities and related equipment, as requested in the petition, is granted. The Commission orders: 1.
The petition of Verizon New York Inc. for Orders
of Entry to enter the premises attached hereto for the purpose of installing and upgrading its cable television facilities is
A landlord is entitled to just compensation (Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y.2d 124 (1981)); the Commission is authorized to determine the reasonable compensation for installation of cable television facilities (Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), on remand, 58 N.Y.2d 142 (1984)); and, the New York State Commission on Cable Television determined that a landlord is entitled to a one-time payment of one dollar, in the absence of a special showing of greater damages attributable to the installation. -6-
CASE 17-V-0122 granted, subject to the legal rights of the owner under Public Service Law §228 and 16 NYCRR Part 898. 2.
This proceeding is continued. By the Commission,
KATHLEEN H. BURGESS Secretary
CASE 17-V-0122 Property at: 23-05 30 AVE Queens NY Property at: 34-02 32 ST Queens NY Property at: 71 W 12 ST 71 West Manhattan NY Property at: 150 CENTRAL PARK S Manhattan NY Property at: 23-15 30 AVE Queens NY Property at: 84-23 MANTON ST Queens NY Property at: 406 E 161 ST Bronx NY Property at: 1090 CROES AVE Bronx NY Property at: 1209 NELSON AVE Bronx NY Property at: 34-20 32 ST Queens NY