September 2013



  News from the Suffolk County Village Officials Association



Executive Board



Mayor Ralph A. Scordino
Village of Babylon

1st Vice President

Mayor Allan M. Dorman
Village of Islandia

2nd Vice President

Mayor Richard B. Smith
Village of Nissequogue


  Mayor Thomas A. Brennan 
Village of Lindenhurst 

Past President

Mayor Paul V. Pontieri, Jr.
Village of Patchogue


Past President
Mayor Paul F. Rickenbach, Jr.
Village of East Hampton


President Emeritus 
Hon. Peter T. Imbert
Former Mayor,
Village of Amityville

Executive Director

Hon. Paul J. Tonna
Former Suffolk County Presiding Officer 



Hon. Peter A. Bee, Esq.
Former Mayor,
Village of Garden City

Project Manager
Deborah Young 




Suffolk County Village Officials Association
69 Chichester Road
Huntington, NY 11743

Distributed Antenna Service:
Know Your Rights!

To All Village Officials:

It has recently come to the attention of SCVOA that certain private sector companies (e.g., "Crown Castle") have already or wish to now deploy equipment and facilities for "Distributed Antenna Service" or "DAS" networks in village rights of way.  Such networks support larger cell phone networks.  It is sometimes claimed by the DAS companies that villages have no legal authority to regulate them.

It is SCVOA's position that New York law authorizes villages to specify the conditions under which DAS providers may use their rights of way.  Indeed, the Certificates of Public Convenience and Necessity ("CPCNs") which these companies get from the New York Public Service Commission will typically require the company to "obtain any required consents of municipal authorities before commencing construction of telephone lines." 

Moreover, SCVOA is aware of a number of villages that have already executed right-of-way use agreements (including getting revenue!) with DAS providers; other villages have enacted village code amendments to regulate such providers and have successfully insisted on compliance.

Villages that would like further information on this issue and/or assistance in reviewing their village code should contact their village Counsel (who may also call upon assistance from SCVOA Counsel).

Hon. Peter A. Bee, Esq.
Suffolk County Village Officials Association