THE COUNCIL OF THE CITY OF NEW YORK

Res. No. 1109

Resolution authorizing the Department of Information Technology & Telecommunications, also known as the Office of Technology and Innovation, to extend the Franchise, allowing for the extension of the Agreement for the Installation, Operation, and Maintenance of Public Communications Structures in the Boroughs of the Bronx, Brooklyn, Manhattan, Queens and Staten Island (as amended).

By Council Member Salamanca (by request of the Mayor)

WHEREAS, by Executive Order 25, dated Aug. 23, 1995, the Mayor has designated the Department of Information Technology & Telecommunications (the “Department”) as the responsible agency for the granting of telecommunications franchises, and

WHEREAS, pursuant to § 363 of the Charter of the City of New York (the “Charter”), the City Council of the City of New York (the “City Council”) adopted on  December 21, 2009  Resolution No. 2309, authorizing the Department, on behalf of the City of New York (the “City”), to grant non-exclusive franchise(s) for the occupation and use of the inalienable property of the City for the installation and maintenance of public pay telephones  (as defined in Res. No. 2309, hereinafter “Res. No. 2309”); and

WHEREAS, pursuant to § 363 of the Charter of the City of New York (the “Charter”), the City Council of the City of New York (the “City Council”) adopted on August 25, 2010, Resolution No.  191 (hereinafter “Res. No. 191), authorizing the Department, on behalf of the City to grant non-exclusive franchise(s) for installation of telecommunications equipment and facilities on, over and under the inalienable property of the City in connection with the provision of mobile telecommunications services; and 

WHEREAS, pursuant to Res. No. 2309 and Res. No. 191, the Department issued a Request for Proposals on April 30, 2014, for a non-exclusive franchise to install and maintain Public Communications Structures (the “Franchise”); and

WHEREAS, on March 23, 2015, the Department, acting on behalf of the City, entered into a Franchise Agreement (the “Agreement”) with CityBridge, LLC, (the “Franchisee”) for the installation and maintenance of Public Communication Structures, as defined in the Agreement,; and

WHEREAS, on October 9, 2015, August 3, 2018, and August 9, 2021, the Department agreed to amendments to the Agreement; and

WHEREAS, the Department requests the ability to amend the Agreement to extend the term of the Agreement and to incorporate additional rights and responsibilities; and

WHEREAS, the City Council has determined that the authorization of an extension of the Franchise by five (5) years, allowing for the extension of the Agreement by up to five additional years is consistent with Resolution No. 2309 and Resolution 191, specifically only for Public Communications Structure franchises in existence as of the date of this resolution, and is in the best interests of the City by enhancing the welfare, convenience, and safety of the public;

NOW THEREFORE, BE IT RESOLVED,

That the City Council hereby authorizes the Department to extend the Franchise for an additional five (5) years, allowing for the extension of the Agreement for a maximum of five (5) additional years, bringing the total term of the Agreement up to twenty (20) years, as determined in the discretion of the Department, and to incorporate additional rights and responsibilities agreed upon by the parties as a condition to this extension on condition that such Agreement  is consistent with all terms and conditions set forth in Res. No. 2309 and Res. No. 191.  This authorizing resolution is limited to existing Public Communications Structure franchises existing as of the date of this resolution. Any extension granted pursuant to this resolution shall be subject to such other approvals as may be required by law, such as the approval of the Franchise and Concession Review Committee and the separate and additional approval of the Mayor, and the registration of the amended Agreement by and between the Comptroller.