9 NYCRR Part 297 - Executive Department

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Source versions current through Sep 15, 2021 - Mar 15, 2023 across sections

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9 NYCRR 297.1 - Applicability

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

This Part constitutes the general rules of the Office of General Services for the installation and operation of telecommunications facilities in State-owned or operated high-rise buildings under the jurisdiction of the Office of General Services. Included are buildings in the Governor Nelson A. Rockefeller Empire State Plaza, downtown Albany and the Office Building Campus in Albany, as well as the Utica, Syracuse, Watertown, Binghamton, Buffalo, Hornell, Poughkeepsie, Suffolk, and Adam Clayton Powell, Jr. and other New York City State Office Buildings (hereinafter referred to as the “State Buildings”).

9 NYCRR 297.2 - Eligibility for use

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)State, Federal and local government agencies or units, regulated public utilities, radio common carriers, licensed radio and television broadcasting companies, and volunteer public emergency service organizations shall be eligible to submit requests to the Commissioner of General Services for permission to install telecommunications facilities in or upon these buildings. Preferential consideration shall be given to government agencies. Each request must include the following information:

(1)name of the organization submitting the request;

(2)type of equipment to be installed;

(3)building in which equipment is to be installed;

(4)purpose for which the equipment will be used;

(5)operating frequency(s);

(6)transmitter power output;

(7)antenna type, manufacturer and model number;

(8)equipment space and power requirements;

(9)station call sign(s), if available; and

(10)FCC file number, if applicable.

(b)Each request shall be reviewed for electromagnetic compatibility with existing systems, non-ionizing radiation hazards, space and power requirements, and impact on total requirements. The requesting agency will be notified in writing of the results of this review and, if the request is approved, the location and space allocation for the installation. No installation work shall commence without written approval of the Commissioner of General Services.

9 NYCRR 297.3 - Fees

Source version current through Mar 15, 2023

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 15, 2023

(a)The Office of General Services will furnish space and primary power for the installation and housing of the equipment without charge to political subdivision of the State and State government agencies and departments. All other organizations shall receive a license for a fixed five-year period, renewable for an additional five-year period, and shall be subject to the following fee schedule:

(1)Corning Tower, Governor Nelson A. Rockefeller Empire State Plaza—$4,200 per year per mobile radio or low-power television antenna.

(2)Alfred E. Smith State Office Building—$3,300 per year per mobile radio or low-power television antenna.

(3)Office of General Services' buildings located within the five boroughs of New York City and the Hauppauge State Office Building—$3,600 per year per mobile radio or low-power television antenna.

(4)All other State buildings—$2,400 per year per mobile radio or low-power television antenna.

(5)Fees for all other microwave antennas, wherever situated, shall be at the following annual rates or the above-stated building rate for mobile radio or low-powered television antennas whichever is greater:

(i)Up to and including six feet in diameter—$400 per square foot of surface area.

(ii)Over six feet in diameter—$500 per square foot of surface area.

(b)Additionally, there shall be an annual fee for equipment space, if required, which shall be fixed and determined by the Office of General Services on a per-square-foot-per-year basis. In addition to the foregoing fee for equipment space, there shall be an additional charge for electricity, also computed on a per-square-foot-per-year basis, which shall be fixed and determined by the Office of General Services.

(c)The fees required to be paid pursuant to subdivisions (a) and (b) of this section shall be paid in advance, and annually thereafter as long as the facilities are in use. Failure to make prompt payment of said fees or charges may result in the removal of primary power from the user's equipment.

9 NYCRR 297.4 - Installation costs

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Antenna support structures and antenna transmission line conduits are available at some of the State Buildings. Use of these facilities will be permitted at no charge to the extent that they are available. If additional antenna support structures or transmission line conduits are required, all installation costs and expenses shall be the sole responsibility of the user. Ownership of facilities shall rest in the State of New York and be subject to joint use. The installation of these facilities shall be made by or under the direct supervision of Office of General Services personnel.

9 NYCRR 297.5 - User responsibilities

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Each user shall be responsible for compliance with the area security requirements outlined in the FCC rules and regulations and for the general tidiness of the area in which the equipment is installed. Access to the area will be controlled by designated Office of General Services personnel. No keys shall be issued to user personnel or maintenance contractors.

(b)Each user shall be responsible for full compliance with the FCC rules and regulations governing the licensing, operation and maintenance of the installed equipment. No installation of the equipment shall commence unless and until a copy of the FCC license has been received by the Commissioner of General Services. (The foregoing requirement shall not apply to Federal agencies.) Citations for noncompliance with FCC rules and regulations will result in removal of power from the user's equipment until the deficiency has been corrected. A copy of the license shall be posted by the user in the equipment room upon completion of the installation.

(c)Each user will be required to sign an agreement containing the specific rules governing his installation. The agreement shall contain a clause reserving the right of the Office of General Services to request relocation of the user's equipment, at user's expense, to another location within the building or to another building in order to accommodate additional systems. Failure to comply within a reasonable time with a request to relocate shall result in removal of power from the user's equipment.

9 NYCRR 297.6 - Office of General Services responsibilities

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The Office of General Services shall provide space and power for the installation of the telecommunications equipment if, in the judgment of the Commissioner of General Services, such installations can be accommodated.

(b)Every effort will be made by the Commissioner of General Services to ensure compatibility of systems operation and maximum utilization of all space, power, antenna support structures and transmission line conduits. No major modifications of antenna support structures and transmission line conduits to accommodate additional systems, which modifications would result in any additional money obligation to existing users, will be undertaken without prior notification. Each user shall have the option of removing his equipment in the event that he does not wish to be assessed for a shared cost of the modification.

(c)The Office of General Services does not guarantee system compatibility, nor does it assume any responsibility for proper operation of any system installed, or damage resulting from actions or operations of others. Any agreement providing for the installation of telecommunications facilities shall contain a covenant by the user to hold harmless and indemnify the State of New York, its officers and employees, against all claims and liability arising from actions or omissions of the user, its agents or employees, on the State's premises and from actions of third parties with relation to property of the user and all action taken by the user on the State's premises under the agreement.

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