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.
Counsel
Suffolk County Village Officials Association