September 2013

     SCVOA ALERT  

 

  News from the Suffolk County Village Officials Association

 

 

Executive Board

 

President

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

Treasurer/Secretary

  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 

 

Counsel

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

Project Manager
Deborah Young 

 

 

  

SCVOA
Suffolk County Village Officials Association
69 Chichester Road
Huntington, NY 11743
516-643-9023 


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.
Counsel
Suffolk County Village Officials Association