![Page 1: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/1.jpg)
EXHIBIT 2
![Page 2: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/2.jpg)
Property No. 7064346-1
![Page 3: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/3.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 435 Schenck Av, Brooklyn, NY ("Property").Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate
and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402012
USPS Tracking No.:
92071969009997901765264339
September 14, 2018
Property ID: 7064346-1AMS Realty Company, LLC98 Cuttermill Road, Suite #240SGreat Neck, NY 11021Attn: Martin Shnay
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:435 Schenck Av, Brooklyn, NY
verizon✓
![Page 4: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/4.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402012
USPS Tracking No.:
92071969009997901765264339
![Page 5: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/5.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 435 Schenck Av, Brooklyn, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402012
USPS Tracking No.:
92071969009997901765264339
![Page 6: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/6.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402012
4
USPS Tracking No.:
92071969009997901765264339
Cover-Ltr2-20160119F
![Page 7: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/7.jpg)
Property No. 7064711-1
![Page 8: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/8.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 145 W. 71, New York, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510014
USPS Tracking No.:
92071969009997901765948444
October 5, 2018
Property ID: 7064711-1EDEL Family Management Corp.2207 Coney Island AvenueBrooklyn, NY 11223Attn: Florence Edelstein
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:145 W. 71, New York, NY
verizon✓
![Page 9: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/9.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510014
USPS Tracking No.:
92071969009997901765948444
![Page 10: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/10.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 145 W. 71, New York, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-510014
USPS Tracking No.:
92071969009997901765948444
![Page 11: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/11.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510014
4
USPS Tracking No.:
92071969009997901765948444
Cover-Ltr2-20160119F
![Page 12: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/12.jpg)
Property No. 7064712-1
![Page 13: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/13.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 201 Columbus Av, New York, NY ("Property").Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate
and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402009
USPS Tracking No.:
92071969009997901765264308
September 14, 2018
Property ID: 7064712-1AJ Clarke Realty Group, LLC250 West 57th Street, Suite #720New York, NY 10107Attn: Magdalena Kosz
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:201 Columbus Av, New York, NY
verizon✓
![Page 14: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/14.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402009
USPS Tracking No.:
92071969009997901765264308
![Page 15: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/15.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 201 Columbus Av, New York, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402009
USPS Tracking No.:
92071969009997901765264308
![Page 16: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/16.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402009
4
USPS Tracking No.:
92071969009997901765264308
Cover-Ltr2-20160119F
![Page 17: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/17.jpg)
Property No. 7066375-1
![Page 18: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/18.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 3650 Bronx Blvd, Bronx, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431012
USPS Tracking No.:
92071969009997901765670802
September 27, 2018
Property ID: 7066375-1Alps Realty of NY Corp.3650 Bronx Blvd., Apt. #1ABronx, NY 10467Attn: Lush Preldakaj
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:3650 Bronx Blvd, Bronx, NY
verizon✓
![Page 19: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/19.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431012
USPS Tracking No.:
92071969009997901765670802
![Page 20: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/20.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 3650 Bronx Blvd, Bronx, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431012
USPS Tracking No.:
92071969009997901765670802
![Page 21: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/21.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431012
4
USPS Tracking No.:
92071969009997901765670802
Cover-Ltr2-20160119F
![Page 22: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/22.jpg)
Property No. 8071494-1
![Page 23: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/23.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 540 E. 22, Brooklyn, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402022
USPS Tracking No.:
92071969009997901765264438
September 14, 2018
Property ID: 8071494-1Property Services LLC104 S Central Avenue, Suite # 10Valley Stream, NY 11580Attn: Alex Wagman
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:540 E. 22, Brooklyn, NY
verizon✓
![Page 24: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/24.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402022
USPS Tracking No.:
92071969009997901765264438
![Page 25: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/25.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 540 E. 22, Brooklyn, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402022
USPS Tracking No.:
92071969009997901765264438
![Page 26: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/26.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402022
4
USPS Tracking No.:
92071969009997901765264438
Cover-Ltr2-20160119F
![Page 27: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/27.jpg)
Property No. 8071497-1
![Page 28: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/28.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 570 E. 26, Brooklyn, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510018
USPS Tracking No.:
92071969009997901765948482
October 5, 2018
Property ID: 8071497-1Metropolitan Property Services, Inc.141-50 85th RoadBriarwood, NY 11435Attn: David Rodriguez
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:570 E. 26, Brooklyn, NY
verizon✓
![Page 29: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/29.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510018
USPS Tracking No.:
92071969009997901765948482
![Page 30: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/30.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 570 E. 26, Brooklyn, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-510018
USPS Tracking No.:
92071969009997901765948482
![Page 31: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/31.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510018
4
USPS Tracking No.:
92071969009997901765948482
Cover-Ltr2-20160119F
![Page 32: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/32.jpg)
Property No. 8073572-1
![Page 33: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/33.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 90-20 169, Queens, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431020
USPS Tracking No.:
92071969009997901765670888
September 27, 2018
Property ID: 8073572-1VRT Realty Corp.90-20 169 StreetJamaica, NY 11432Attn: Joerg Von Oldershausen
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:90-20 169, Queens, NY
verizon✓
![Page 34: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/34.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431020
USPS Tracking No.:
92071969009997901765670888
![Page 35: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/35.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 90-20 169, Queens, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431020
USPS Tracking No.:
92071969009997901765670888
![Page 36: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/36.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431020
4
USPS Tracking No.:
92071969009997901765670888
Cover-Ltr2-20160119F
![Page 37: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/37.jpg)
Property No. 8099311-1
![Page 38: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/38.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 1140 Clay Av, Bronx, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402021
USPS Tracking No.:
92071969009997901765264421
September 14, 2018
Property ID: 8099311-1Progressive Management of NY V LLC1044 Northern Blvd., 2nd FloorRoslyn, NY 11576Attn: Ilsoo Kim
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:1140 Clay Av, Bronx, NY
verizon✓
![Page 39: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/39.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402021
USPS Tracking No.:
92071969009997901765264421
![Page 40: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/40.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 1140 Clay Av, Bronx, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402021
USPS Tracking No.:
92071969009997901765264421
![Page 41: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/41.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402021
4
USPS Tracking No.:
92071969009997901765264421
Cover-Ltr2-20160119F
![Page 42: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/42.jpg)
Property No. 8100081-1
![Page 43: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/43.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 1175 Findlay Av, Bronx, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510008
USPS Tracking No.:
92071969009997901765948383
October 5, 2018
Property ID: 8100081-1Findlay House Inc.1175 Findlay Avenue, Ofc. 1Bronx, NY 10456Attn: Christopher Pignone
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:1175 Findlay Av, Bronx, NY
verizon✓
![Page 44: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/44.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510008
USPS Tracking No.:
92071969009997901765948383
![Page 45: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/45.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 1175 Findlay Av, Bronx, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-510008
USPS Tracking No.:
92071969009997901765948383
![Page 46: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/46.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510008
4
USPS Tracking No.:
92071969009997901765948383
Cover-Ltr2-20160119F
![Page 47: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/47.jpg)
Property No. 8100953-1
![Page 48: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/48.jpg)
Cover-Ltr2-20160119F USPS Tracking No. : 92071969009997901734996872
1
Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City 140 West Street New York, NY 10007 Phone: (888) 364- 3467 [email protected] November 30, 2016 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8100953-1 Jaidyn Realty HDFC 1158 Intervale Ave. Bronx, NY 10459-2303 Attn: Elsie Ortiz RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at: 1166 Simpson, Bronx NY Dear Property Owner/ Manager: I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s unsuccessful attempts to inspect, survey and/or install Fios facilities at 1166 Simpson, Bronx NY ("Property"). Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and explain our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property. Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the process of bringing Fios to your Property and/or other properties on your block.
![Page 49: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/49.jpg)
Cover-Ltr2-20160119F USPS Tracking No. : 92071969009997901734996872
2
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal Manager, FiOS Franchise Assurance – New York City ________________ ________________
![Page 50: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/50.jpg)
Cover-Ltr2-20160119F USPS Tracking No. : 92071969009997901734996872
3
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to install/upgrade cable television facilities and service upon your property at 1166 Simpson, Bronx NY. Verizon New York Inc. would like to perform this installation/upgrade on or after December 15, 2016. In the event of any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:
Generally consist of building pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and appearance of the building in accord with the requirements of the New York State Public Service Commission law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. (518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER. DATED: ______November 30, 2016_____
![Page 51: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/51.jpg)
Cover-Ltr2-20160119F USPS Tracking No. : 92071969009997901734996872
4
PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.
![Page 52: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/52.jpg)
Property No. 8101893-1
![Page 53: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/53.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 751 Fox, Bronx, NY ("Property"). Our records
indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and explain
our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402004
USPS Tracking No.:
92071969009997901765264254
September 14, 2018
Property ID: 8101893-1Reliant Realty Services, LLC.885 2nd Avenue.., 16th FloorNew York, NY 10017Attn: Michael Bryantsev
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:751 Fox, Bronx, NY
verizon✓
![Page 54: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/54.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402004
USPS Tracking No.:
92071969009997901765264254
![Page 55: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/55.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 751 Fox, Bronx, NY. Verizon New
York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any damage to
your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York Inc.’s
installation/upgrade plan involves the following:
3
02-402004
USPS Tracking No.:
92071969009997901765264254
![Page 56: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/56.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402004
4
USPS Tracking No.:
92071969009997901765264254
Cover-Ltr2-20160119F
![Page 57: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/57.jpg)
Property No. 8212690-1
![Page 58: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/58.jpg)
Cover-Ltr2-20160119F USPS Tracking No. : 92071969009997901736429262
1
Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City 140 West Street New York, NY 10007 Phone: (888) 364- 3467 [email protected] December 23, 2016 VIA CERTIFIED MAIL AND FIRST CLASS MAIL Property ID: 8212690-1 912 Kelly St., LLC 254 East 125th Street, Office New York, NY 10035-1717 Attn: Felice Belfiore RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at: 912 Kelly, Bronx NY Dear Property Owner/ Manager: I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s unsuccessful attempts to inspect, survey and/or install Fios facilities at 912 Kelly, Bronx NY ("Property"). Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and explain our need to gain access to your Property. By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner. It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property. Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the process of bringing Fios to your Property and/or other properties on your block.
![Page 59: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/59.jpg)
Cover-Ltr2-20160119F USPS Tracking No. : 92071969009997901736429262
2
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service. If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice. Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal Manager, FiOS Franchise Assurance – New York City ________________ ________________
![Page 60: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/60.jpg)
Cover-Ltr2-20160119F USPS Tracking No. : 92071969009997901736429262
3
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to install/upgrade cable television facilities and service upon your property at 912 Kelly, Bronx NY. Verizon New York Inc. would like to perform this installation/upgrade on or after January 10, 2017. In the event of any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:
Generally consist of building pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and appearance of the building in accord with the requirements of the New York State Public Service Commission law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. (518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER. DATED: ______December 23, 2016_____
![Page 61: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/61.jpg)
Cover-Ltr2-20160119F USPS Tracking No. : 92071969009997901736429262
4
PUBLIC SERVICE LAW §228. Landlord-tenant relationship 1. No landlord shall (a) interfere with the installation of cable television facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such reasonable conditions are necessary to protect the safety, functioning and appearance of the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear the entire cost of the installation, operation or removal of such facilities; and (3) that the cable television company agree to indemnify the landlord for any damage caused by the installation, operation or removal of such facilities. (b) demand or accept payment from any tenant, in any form, in exchange for permitting cable television service on or within his property or premises, or from any cable television company in exchange therefore in excess of any amount which the Commission shall, by regulation, determine to be reasonable; or (c) Discriminate in rental charges or otherwise, between tenants who receive cable television service and those who do not. 2. Rental agreements and leases executed prior to January first, nineteen hundred seventy-three may be enforced notwithstanding this section. 3. No cable television company may enter into any agreement with the owners, lessees or persons controlling or managing buildings served by a cable television company, or do or permit any act, that would have the effect, directly or indirectly of diminishing or interfering with existing rights of any tenant or other occupant of such building to use or avail himself of master or individual antenna equipment. NEW YORK CODES RULES AND REGULATIONS – PART 898 – LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.1 Prohibition Except as provided in section 898.2 of this Part, no landlord shall demand or accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or premises. §898.2 Just Compensation Every landlord shall be entitled to the payment of just compensation for property taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the commission in accordance with section 228 (1)(b) of the Public Service Law upon application by the landlord pursuant to section 898.5 of this Part. §898.3 Notice of installation (a) Every cable television company proposing to install cable television service or facilities upon the property of a landlord shall serve upon said landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. (b) The secretary of the commission shall prescribe the procedure for service of such notice, and the form and content of such notice, which shall include, but need not be limited to: (i) the name and address of the cable television company; (ii) the name and address of the landlord; (iii) the approximate date of the installation; and (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission’s rules. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were placed prior to the effective date of this Part. §898.4 Right of Entry (a) A cable television company shall have the right to enter property of the landlord for the purpose of making surveys or other investigations preparatory to the installation. Before such entry, the cable television company shall serve notice upon the landlord, or an authorized agent which notice shall contain the date of entry and all other information described in section 893.3(b) of this Part. The cable television company shall be liable to the landlord for any damages caused by such entry but such damages shall not duplicate damages paid by the cable television company pursuant to section 228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an authorized officer of the cable television company setting forth: (1) proof of service of a notice of intent to install cable television service upon the landlord; (2) the specific location of the real property; (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, including the type and method of installation, the anticipated costs thereof, and the measures to be taken to minimize the aesthetic impact of the installation; (5) the name of the individual or officer responsible for the actual installation; (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (7) a statement that the installation shall be conducted without prejudice to the rights of the landlord to just compensation in accordance with section 898.2 of this Part; (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. Participation by the landlord is not mandatory, however, if no appearance by the landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of entry which order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the petition, the cable television company shall have 10 days within which to reply to said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service Law. §898.5 Application for just compensation A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice described in section 898.3 of this Part or within four months following the completion of the installation of the cable television facilities, whichever is later. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: (a) the location and amount of space occupied by the installation; (b) the previous use of such space; (c) the value of the applicant’s property before the installation of cable television facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and (d) the method or methods used to determine such values. The secretary may, upon good cause shown, permit the filing of supplemental information at any time prior to final determination by the commission. §898.7 Service of Application A copy of the application filed by the landlord for just compensation shall be served upon the cable television company making the installation and upon the chief executive officer of the municipality in which the real property is located. §898.8 Responses Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.9 Hearing and determination (a) If the commission finds that just compensation for the installation of cable television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. (b) An applicant may, within 20 days from the release date of the commission order which sets compensation at one dollar or less, file a written request for a hearing. Upon timely receipt of such request, the commission shall conduct a hearing pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.
![Page 62: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/62.jpg)
Property No. 8213927-1
![Page 63: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/63.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 1202 Clay Av, Bronx, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510009
USPS Tracking No.:
92071969009997901765948390
October 5, 2018
Property ID: 8213927-1JGV Management Corp.1357 Southern Blvd., Suite 1ABronx, NY 10459Attn: Josue Velazquez
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:1202 Clay Av, Bronx, NY
verizon✓
![Page 64: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/64.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510009
USPS Tracking No.:
92071969009997901765948390
![Page 65: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/65.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 1202 Clay Av, Bronx, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-510009
USPS Tracking No.:
92071969009997901765948390
![Page 66: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/66.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510009
4
USPS Tracking No.:
92071969009997901765948390
Cover-Ltr2-20160119F
![Page 67: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/67.jpg)
Property No. 8233403-1
![Page 68: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/68.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 26 Grove, New York, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431008
USPS Tracking No.:
92071969009997901765670765
September 27, 2018
Property ID: 8233403-1Solil Management, LLC1185 Sixth Avenue, 10th FloorNew York, NY 10036Attn: John Cummings
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:26 Grove, New York, NY
verizon✓
![Page 69: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/69.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431008
USPS Tracking No.:
92071969009997901765670765
![Page 70: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/70.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 26 Grove, New York, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431008
USPS Tracking No.:
92071969009997901765670765
![Page 71: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/71.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431008
4
USPS Tracking No.:
92071969009997901765670765
Cover-Ltr2-20160119F
![Page 72: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/72.jpg)
Property No. 8255520-1
![Page 73: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/73.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at the Exchange, 1210 Lexington Av, New York,
NY ("Property"). Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this
letter is to restate and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402010
USPS Tracking No.:
92071969009997901765264315
September 14, 2018
Property ID: 8255520-1Charles H. Greenthal Management Corp.551 5th Avenue, Suite #500New York, NY 10017Attn: Laura Rogan
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:the Exchange, 1210 Lexington Av, New York, NY
verizon✓
![Page 74: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/74.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402010
USPS Tracking No.:
92071969009997901765264315
![Page 75: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/75.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at the Exchange, 1210 Lexington Av,
New York, NY. Verizon New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In
the event of any damage to your property, Verizon New York Inc. will be responsible. More specifically,
Verizon New York Inc.’s installation/upgrade plan involves the following:
3
02-402010
USPS Tracking No.:
92071969009997901765264315
![Page 76: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/76.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402010
4
USPS Tracking No.:
92071969009997901765264315
Cover-Ltr2-20160119F
![Page 77: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/77.jpg)
Property No. 9323975-1
![Page 78: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/78.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 1020 President, Brooklyn, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402016
USPS Tracking No.:
92071969009997901765264377
September 14, 2018
Property ID: 9323975-1Goldmont Realty Corp.1360 East 14th Street, Suite 101Brooklyn, NY 11230Attn: Jonathan Samet
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:1020 President, Brooklyn, NY
verizon✓
![Page 79: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/79.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402016
USPS Tracking No.:
92071969009997901765264377
![Page 80: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/80.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 1020 President, Brooklyn, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402016
USPS Tracking No.:
92071969009997901765264377
![Page 81: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/81.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402016
4
USPS Tracking No.:
92071969009997901765264377
Cover-Ltr2-20160119F
![Page 82: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/82.jpg)
Property No. 9324242-1
![Page 83: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/83.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 1367 Sterling Pl., Brooklyn, NY ("Property").Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate
and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402011
USPS Tracking No.:
92071969009997901765264322
September 14, 2018
Property ID: 9324242-1Proto Property Services LLC3441 Kingsbridge Ave., 2nd FloorBronx, NY 10463Attn: Duane Almodovar
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:1367 Sterling Pl., Brooklyn, NY
verizon✓
![Page 84: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/84.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402011
USPS Tracking No.:
92071969009997901765264322
![Page 85: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/85.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 1367 Sterling Pl., Brooklyn, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402011
USPS Tracking No.:
92071969009997901765264322
![Page 86: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/86.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402011
4
USPS Tracking No.:
92071969009997901765264322
Cover-Ltr2-20160119F
![Page 87: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/87.jpg)
Property No. 9324600-1
![Page 88: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/88.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 455 Schenectady Av, Brooklyn, NY
("Property"). Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this
letter is to restate and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510005
USPS Tracking No.:
92071969009997901765948352
October 5, 2018
Property ID: 9324600-1SMRC Mgmt. LLC80 Maiden Lane, Suite #2204New York, NY 10038Attn: Marc Goodman
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:455 Schenectady Av, Brooklyn, NY
verizon✓
![Page 89: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/89.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510005
USPS Tracking No.:
92071969009997901765948352
![Page 90: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/90.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 455 Schenectady Av, Brooklyn, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-510005
USPS Tracking No.:
92071969009997901765948352
![Page 91: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/91.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510005
4
USPS Tracking No.:
92071969009997901765948352
Cover-Ltr2-20160119F
![Page 92: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/92.jpg)
Property No. 9325030-1
![Page 93: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/93.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 1797 Park Pl., Brooklyn, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402008
USPS Tracking No.:
92071969009997901765264292
September 14, 2018
Property ID: 9325030-1C&C Apartment Management LLC1735 Park Avenue, Suite #300New York, NY 10035Attn: Justin Kornvein
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:1797 Park Pl., Brooklyn, NY
verizon✓
![Page 94: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/94.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402008
USPS Tracking No.:
92071969009997901765264292
![Page 95: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/95.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 1797 Park Pl., Brooklyn, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402008
USPS Tracking No.:
92071969009997901765264292
![Page 96: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/96.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402008
4
USPS Tracking No.:
92071969009997901765264292
Cover-Ltr2-20160119F
![Page 97: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/97.jpg)
Property No. 9326022-1
![Page 98: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/98.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 412 Pulaski, Brooklyn, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402018
USPS Tracking No.:
92071969009997901765264391
September 14, 2018
Property ID: 9326022-1Nasher Realty Associates Inc.195-11 Linden Blvd.Saint Albans, NY 11412Attn: David Young
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:412 Pulaski, Brooklyn, NY
verizon✓
![Page 99: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/99.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402018
USPS Tracking No.:
92071969009997901765264391
![Page 100: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/100.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 412 Pulaski, Brooklyn, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402018
USPS Tracking No.:
92071969009997901765264391
![Page 101: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/101.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402018
4
USPS Tracking No.:
92071969009997901765264391
Cover-Ltr2-20160119F
![Page 102: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/102.jpg)
Property No. 9343108-1
![Page 103: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/103.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 218 Linden Blvd, Brooklyn, NY ("Property").Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate
and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510002
USPS Tracking No.:
92071969009997901765948321
October 5, 2018
Property ID: 9343108-1Eastside Estates, LLC48 Wall Street , 11th Flr.New York, NY 11205Attn: Stella Vasilantonakis
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:218 Linden Blvd, Brooklyn, NY
verizon✓
![Page 104: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/104.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510002
USPS Tracking No.:
92071969009997901765948321
![Page 105: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/105.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 218 Linden Blvd, Brooklyn, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-510002
USPS Tracking No.:
92071969009997901765948321
![Page 106: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/106.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510002
4
USPS Tracking No.:
92071969009997901765948321
Cover-Ltr2-20160119F
![Page 107: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/107.jpg)
Property No. 9344248-1
![Page 108: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/108.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 5619 14 Av, Brooklyn, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510012
USPS Tracking No.:
92071969009997901765948420
October 5, 2018
Property ID: 9344248-1Prime Realty LLC5312 New Utrecht AvenueBrooklyn, NY 11219Attn: Leonard Schwartz
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:5619 14 Av, Brooklyn, NY
verizon✓
![Page 109: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/109.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510012
USPS Tracking No.:
92071969009997901765948420
![Page 110: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/110.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 5619 14 Av, Brooklyn, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-510012
USPS Tracking No.:
92071969009997901765948420
![Page 111: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/111.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510012
4
USPS Tracking No.:
92071969009997901765948420
Cover-Ltr2-20160119F
![Page 112: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/112.jpg)
Property No. 9346944-1
![Page 113: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/113.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 536 Ovington Av, Brooklyn, NY ("Property").Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate
and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402013
USPS Tracking No.:
92071969009997901765264346
September 14, 2018
Property ID: 9346944-1Meridian Properties, LLC310 85th Street, Apt. #A2Brooklyn, NY 11209Attn: James Dimitriades
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:536 Ovington Av, Brooklyn, NY
verizon✓
![Page 114: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/114.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402013
USPS Tracking No.:
92071969009997901765264346
![Page 115: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/115.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 536 Ovington Av, Brooklyn, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402013
USPS Tracking No.:
92071969009997901765264346
![Page 116: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/116.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402013
4
USPS Tracking No.:
92071969009997901765264346
Cover-Ltr2-20160119F
![Page 117: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/117.jpg)
Property No. 9356573-1
![Page 118: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/118.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 211 W. Broadway, New York, NY ("Property").Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate
and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431002
USPS Tracking No.:
92071969009997901765670703
September 27, 2018
Property ID: 9356573-1The Andrews Organization666 Broadway, 12th FloorNew York, NY 10012Attn: Jenny Almonte
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:211 W. Broadway, New York, NY
verizon✓
![Page 119: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/119.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431002
USPS Tracking No.:
92071969009997901765670703
![Page 120: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/120.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 211 W. Broadway, New York, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431002
USPS Tracking No.:
92071969009997901765670703
![Page 121: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/121.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431002
4
USPS Tracking No.:
92071969009997901765670703
Cover-Ltr2-20160119F
![Page 122: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/122.jpg)
Property No. 9357514-1
![Page 123: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/123.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 62 Greene, New York, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402002
USPS Tracking No.:
92071969009997901765264230
September 14, 2018
Property ID: 9357514-1The Andrews Organization666 Broadway, 12th FloorNew York, NY 10012Attn: Kosha Diaz
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:62 Greene, New York, NY
verizon✓
![Page 124: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/124.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402002
USPS Tracking No.:
92071969009997901765264230
![Page 125: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/125.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 62 Greene, New York, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402002
USPS Tracking No.:
92071969009997901765264230
![Page 126: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/126.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402002
4
USPS Tracking No.:
92071969009997901765264230
Cover-Ltr2-20160119F
![Page 127: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/127.jpg)
Property No. 9358848-1
![Page 128: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/128.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 247 E. 33, New York, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402020
USPS Tracking No.:
92071969009997901765264414
September 14, 2018
Property ID: 9358848-1Bolanos Properties LLC44 Chestnut StreetGarden City, NY 11530Attn: Rosa Bolanos
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:247 E. 33, New York, NY
verizon✓
![Page 129: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/129.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402020
USPS Tracking No.:
92071969009997901765264414
![Page 130: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/130.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 247 E. 33, New York, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402020
USPS Tracking No.:
92071969009997901765264414
![Page 131: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/131.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402020
4
USPS Tracking No.:
92071969009997901765264414
Cover-Ltr2-20160119F
![Page 132: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/132.jpg)
Property No. 9359557-1
![Page 133: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/133.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 118 W. 72, New York, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431006
USPS Tracking No.:
92071969009997901765670741
September 27, 2018
Property ID: 9359557-1ABC Realty152 West 57th Street, 12th FloorNew York, NY 10019Attn: Seth Weinstein
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:118 W. 72, New York, NY
verizon✓
![Page 134: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/134.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431006
USPS Tracking No.:
92071969009997901765670741
![Page 135: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/135.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 118 W. 72, New York, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431006
USPS Tracking No.:
92071969009997901765670741
![Page 136: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/136.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431006
4
USPS Tracking No.:
92071969009997901765670741
Cover-Ltr2-20160119F
![Page 137: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/137.jpg)
Property No. 9361204-1
![Page 138: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/138.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 219 W. 80, New York, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431015
USPS Tracking No.:
92071969009997901765670833
September 27, 2018
Property ID: 9361204-1Metro Management & Development, Inc.42-25 21st StreetLong Island City, NY 11101Attn: Annmarie Ferrelli
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:219 W. 80, New York, NY
verizon✓
![Page 139: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/139.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431015
USPS Tracking No.:
92071969009997901765670833
![Page 140: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/140.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 219 W. 80, New York, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431015
USPS Tracking No.:
92071969009997901765670833
![Page 141: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/141.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431015
4
USPS Tracking No.:
92071969009997901765670833
Cover-Ltr2-20160119F
![Page 142: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/142.jpg)
Property No. 9361253-1
![Page 143: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/143.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 514 West End Av, New York, NY ("Property").Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate
and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431003
USPS Tracking No.:
92071969009997901765670710
September 27, 2018
Property ID: 9361253-1AKAM Associates, Inc.260 Madison Avenue, 12 FloorNew York, NY 10016Attn: Andrew Posner
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:514 West End Av, New York, NY
verizon✓
![Page 144: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/144.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431003
USPS Tracking No.:
92071969009997901765670710
![Page 145: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/145.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 514 West End Av, New York, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431003
USPS Tracking No.:
92071969009997901765670710
![Page 146: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/146.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431003
4
USPS Tracking No.:
92071969009997901765670710
Cover-Ltr2-20160119F
![Page 147: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/147.jpg)
Property No. 9361961-1
![Page 148: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/148.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 8 W. 132, New York, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431007
USPS Tracking No.:
92071969009997901765670758
September 27, 2018
Property ID: 9361961-1N.Y. Residential Property Works LLC347 Lenox Avenue, Ground FloorNew York, NY 10027Attn: Donna Synmoie
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:8 W. 132, New York, NY
verizon✓
![Page 149: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/149.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431007
USPS Tracking No.:
92071969009997901765670758
![Page 150: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/150.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 8 W. 132, New York, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431007
USPS Tracking No.:
92071969009997901765670758
![Page 151: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/151.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431007
4
USPS Tracking No.:
92071969009997901765670758
Cover-Ltr2-20160119F
![Page 152: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/152.jpg)
Property No. 9365008-1
![Page 153: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/153.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 1270 Amsterdam Av, New York, NY
("Property"). Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this
letter is to restate and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431005
USPS Tracking No.:
92071969009997901765670734
September 27, 2018
Property ID: 9365008-1A&E Real Estate Management, LLC1065 Avenue of the Americas , 31st FloorNew York, NY 10018Attn: Donald Hastings
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:1270 Amsterdam Av, New York, NY
verizon✓
![Page 154: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/154.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431005
USPS Tracking No.:
92071969009997901765670734
![Page 155: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/155.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 1270 Amsterdam Av, New York,
NY. Verizon New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event
of any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New
York Inc.’s installation/upgrade plan involves the following:
3
02-431005
USPS Tracking No.:
92071969009997901765670734
![Page 156: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/156.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431005
4
USPS Tracking No.:
92071969009997901765670734
Cover-Ltr2-20160119F
![Page 157: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/157.jpg)
Property No. 9365932-1
![Page 158: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/158.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 676 St. Nicholas Av, New York, NY
("Property"). Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this
letter is to restate and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431013
USPS Tracking No.:
92071969009997901765670819
September 27, 2018
Property ID: 9365932-1H.S.C. Management Corp.102 Gramatan AvenueMount Vernon, NY 10550Attn: David Perez
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:676 St. Nicholas Av, New York, NY
verizon✓
![Page 159: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/159.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431013
USPS Tracking No.:
92071969009997901765670819
![Page 160: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/160.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 676 St. Nicholas Av, New York, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431013
USPS Tracking No.:
92071969009997901765670819
![Page 161: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/161.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431013
4
USPS Tracking No.:
92071969009997901765670819
Cover-Ltr2-20160119F
![Page 162: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/162.jpg)
Property No. 9365933-1
![Page 163: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/163.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 678 St. Nicholas Av, New York, NY
("Property"). Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this
letter is to restate and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431014
USPS Tracking No.:
92071969009997901765670826
September 27, 2018
Property ID: 9365933-1H.S.C. Management Corp.102 Gramatan AvenueMount Vernon, NY 10550Attn: David Perez
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:678 St. Nicholas Av, New York, NY
verizon✓
![Page 164: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/164.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431014
USPS Tracking No.:
92071969009997901765670826
![Page 165: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/165.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 678 St. Nicholas Av, New York, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431014
USPS Tracking No.:
92071969009997901765670826
![Page 166: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/166.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431014
4
USPS Tracking No.:
92071969009997901765670826
Cover-Ltr2-20160119F
![Page 167: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/167.jpg)
Property No. 9402748-1
![Page 168: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/168.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 279 82, Brooklyn, NY ("Property"). Our records
indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and explain
our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510010
USPS Tracking No.:
92071969009997901765948406
October 5, 2018
Property ID: 9402748-18120 3rd Avenue..Brooklyn, NY 11209Attn: Jozef Chrostowski
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:279 82, Brooklyn, NY
verizon✓
![Page 169: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/169.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510010
USPS Tracking No.:
92071969009997901765948406
![Page 170: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/170.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 279 82, Brooklyn, NY. Verizon New
York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of any damage to
your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York Inc.’s
installation/upgrade plan involves the following:
3
02-510010
USPS Tracking No.:
92071969009997901765948406
![Page 171: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/171.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510010
4
USPS Tracking No.:
92071969009997901765948406
Cover-Ltr2-20160119F
![Page 172: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/172.jpg)
Property No. 9405801-1
![Page 173: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/173.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 170 W. 78, New York, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402007
USPS Tracking No.:
92071969009997901765264285
September 14, 2018
Property ID: 9405801-1Brusco Group, Inc.163 West 74th StreetNew York, NY 10023Attn: Michael Brusco
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:170 W. 78, New York, NY
verizon✓
![Page 174: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/174.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402007
USPS Tracking No.:
92071969009997901765264285
![Page 175: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/175.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 170 W. 78, New York, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-402007
USPS Tracking No.:
92071969009997901765264285
![Page 176: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/176.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402007
4
USPS Tracking No.:
92071969009997901765264285
Cover-Ltr2-20160119F
![Page 177: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/177.jpg)
Property No. 9406024-1
![Page 178: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/178.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 473 West End Av, New York, NY ("Property").Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate
and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-431004
USPS Tracking No.:
92071969009997901765670727
September 27, 2018
Property ID: 9406024-1AKAM Associates, Inc.260 Madison Avenue, 12th FloorNew York, NY 10016Attn: James Gallagher
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:473 West End Av, New York, NY
verizon✓
![Page 179: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/179.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-431004
USPS Tracking No.:
92071969009997901765670727
![Page 180: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/180.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 27, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 473 West End Av, New York, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/15/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-431004
USPS Tracking No.:
92071969009997901765670727
![Page 181: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/181.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-431004
4
USPS Tracking No.:
92071969009997901765670727
Cover-Ltr2-20160119F
![Page 182: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/182.jpg)
Property No. 9406260-1
![Page 183: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/183.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 85 W. 104, New York, NY ("Property"). Our
records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate and
explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510001
USPS Tracking No.:
92071969009997901765948314
October 5, 2018
Property ID: 9406260-1Manfar Associates LLC95 Delancy Street, Suite #206New York, NY 10002Attn: Manoochehr Haimof
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:85 W. 104, New York, NY
verizon✓
![Page 184: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/184.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510001
USPS Tracking No.:
92071969009997901765948314
![Page 185: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/185.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 85 W. 104, New York, NY. Verizon
New York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of any
damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-510001
USPS Tracking No.:
92071969009997901765948314
![Page 186: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/186.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510001
4
USPS Tracking No.:
92071969009997901765948314
Cover-Ltr2-20160119F
![Page 187: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/187.jpg)
Property No. 9406431-1
![Page 188: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/188.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at the Cortlandt, 504 W. 110, New York, NY
("Property"). Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this
letter is to restate and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-402006
USPS Tracking No.:
92071969009997901765264278
September 14, 2018
Property ID: 9406431-1RUDD Realty Management Corp.641 Lexington Avenue, 10th FloorNew York, NY 10022Attn: Boris Meydid
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:the Cortlandt, 504 W. 110, New York, NY
verizon✓
![Page 189: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/189.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-402006
USPS Tracking No.:
92071969009997901765264278
![Page 190: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/190.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: September 14, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at the Cortlandt, 504 W. 110, New
York, NY. Verizon New York Inc. would like to perform this installation/upgrade on or after 10/1/2018. In the
event of any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon
New York Inc.’s installation/upgrade plan involves the following:
3
02-402006
USPS Tracking No.:
92071969009997901765264278
![Page 191: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/191.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-402006
4
USPS Tracking No.:
92071969009997901765264278
Cover-Ltr2-20160119F
![Page 192: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/192.jpg)
Property No. 13216349-1
![Page 193: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/193.jpg)
Cover-Ltr2-20160119F 1
Alyson M. Seigal
Area Manager
Fios Franchise Assurance – New York City
140 West Street
New York, NY 10007
Phone: (888) 364- 3467
VIA CERTIFIED MAIL AND FIRST CLASS MAIL
Dear Property Owner/ Manager:
I have been advised by Verizon New York lnc.'s ("Verizon") NYC Fios Real Estate Department of Verizon’s
unsuccessful attempts to inspect, survey and/or install Fios facilities at 1749 Stillwell Av, Brooklyn, NY ("Property").Our records indicate that we have not yet been able to obtain access to the Property. The purpose of this letter is to restate
and explain our need to gain access to your Property.
By way of background, Verizon is attempting to gain access to your Property because we have received a request for Fios
service(s) from resident(s) in your building and/or resident(s) of another building on your block, and our access to your
Property is necessary to provide cable television services to such residents. We are very excited about the opportunity to
provide world-class voice, data and video services to area residents using a fiber-based network to deliver these services
at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your
tenants and/or other residents on your block to receive the services they want in a timely manner.
It is Verizon’s position that under Section 228 of the New York Public Service Law and Title 16, Part 898, of the New
York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the
Property. In addition, Verizon's Cable Franchise Agreement with the City of New York requires Verizon, subject to
certain terms, conditions, and exceptions, to provide cable television service to residents in its franchise area who request
it, and Verizon has a limited timeframe in which to do so. Verizon's ability to meet these expectations may be
compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your
Property.
Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bearthe cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for any damagecaused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates foraccess and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC Fios Real
02-510013
USPS Tracking No.:
92071969009997901765948437
October 5, 2018
Property ID: 13216349-11749 Stillwell Avenue , Apt. 2Brooklyn, NY 11223Attn: Sheremet Tahiraj
RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at:1749 Stillwell Av, Brooklyn, NY
verizon✓
![Page 194: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/194.jpg)
Cover-Ltr2-20160119F 2
Estate Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with
the process of bringing Fios to your Property and/or other properties on your block.
If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you
may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set
forth in Section 228 of the New York Public Service Law and Title 16, Part 898, of the NYCRR. Please note, however,
that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228
may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities
and service.
If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a
Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16
NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition.
The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities
and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or
Verizon’s Cable Franchise Agreement, we recommend that you consult with an attorney. You may also contact Michael
Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or
questions, but please be advised that he represents Verizon and cannot provide you with legal advice.
Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.
Sincerely,
Alyson Seigal
Manager, Fios Franchise Assurance –
________________
________________
New York City
02-510013
USPS Tracking No.:
92071969009997901765948437
![Page 195: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/195.jpg)
Cover-Ltr2-20160119F
NOTICE OF INTENTION
TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE
DATED: October 5, 2018
Generally consist of building pathway from street to building and/or building to building basement(s), core
drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct
system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed
in accordance with the Certificate of Acceptance of Proposed Work.
Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and
appearance of the building in accord with the requirements of the New York State Public Service Commission
law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon
Fios Real Estate Department at 888-364-3467 or [email protected].
The installation/upgrade of cable television service will likely enhance the value of your property, and
there will be no charge to you for such installation/upgrade. If you believe the value of your property is not
enhanced, you may attempt to seek compensation according to the procedures established by the New York
State Public Service Commission as delineated on the reverse side of this Notice.
This Notice may be served, among other ways, by certified mail return receipt requested. If you have
any questions regarding the New York State Public Service Commission’s rules or regulations, you may write
or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public
Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No.
(518) 474-6530.
THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4)
MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER
IS LATER.
PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to
install/upgrade cable television facilities and service upon your property at 1749 Stillwell Av, Brooklyn, NY.
Verizon New York Inc. would like to perform this installation/upgrade on or after 10/23/2018. In the event of
any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York
Inc.’s installation/upgrade plan involves the following:
3
02-510013
USPS Tracking No.:
92071969009997901765948437
![Page 196: EXHIBIT 2 - verizon.comEXHIBIT 2 . Property No. 7064346-1. Cover-Ltr2-20160119F 1 Alyson M. Seigal Area Manager Fios Franchise Assurance ± New York City 140 West Street New York,](https://reader034.vdocument.in/reader034/viewer/2022050209/5f5b96bb496fc11bde6c8042/html5/thumbnails/196.jpg)
PUBLIC SERVICE LAW
§228. Landlord-tenant relationship
1. No landlord shall (a) interfere with the installation of cable television
facilities upon his property or premises, except that a landlord may require:
(1) that the installation of cable television facilities conform to such
reasonable conditions are necessary to protect the safety, functioning and
appearance of the premises, and the convenience and well being of other
tenants;
(2) that the cable television company or the tenant or a combination thereof
bear the entire cost of the installation, operation or removal of such facilities;
and
(3) that the cable television company agree to indemnify the landlord for
any damage caused by the installation, operation or removal of such facilities.
(b) demand or accept payment from any tenant, in any form, in exchange for
permitting cable television service on or within his property or premises, or
from any cable television company in exchange therefore in excess of any
amount which the Commission shall, by regulation, determine to be
reasonable; or
(c) Discriminate in rental charges or otherwise, between tenants who receive
cable television service and those who do not.
2. Rental agreements and leases executed prior to January first, nineteen
hundred seventy-three may be enforced notwithstanding this section.
3. No cable television company may enter into any agreement with the
owners, lessees or persons controlling or managing buildings served by a
cable television company, or do or permit any act, that would have the effect,
directly or indirectly of diminishing or interfering with existing rights of any
tenant or other occupant of such building to use or avail himself of master or
individual antenna equipment.
NEW YORK CODES RULES AND REGULATIONS – PART 898 –
LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service
Law §228(1)
§898.1 Prohibition
Except as provided in section 898.2 of this Part, no landlord shall demand or
accept any payment from any cable television company in exchange for
permitting cable television service or facilities on or within said landlord’s
property or premises.
§898.2 Just Compensation
Every landlord shall be entitled to the payment of just compensation for
property taken by a cable television company for the installation of cable
television service or facilities. The amount of just compensation shall be
determined by the commission in accordance with section 228 (1)(b) of the
Public Service Law upon application by the landlord pursuant to section 898.5
of this Part.
§898.3 Notice of installation
(a) Every cable television company proposing to install cable television
service or facilities upon the property of a landlord shall serve upon said
landlord or an authorized agent, written notice of intent thereof at least 15
days prior to the commencement of such installation.
(b) The secretary of the commission shall prescribe the procedure for service
of such notice, and the form and content of such notice, which shall include,
but need not be limited to:
(i) the name and address of the cable television company;
(ii) the name and address of the landlord;
(iii) the approximate date of the installation; and
(iv) a citation of section 228 of the Public Service Law and Part 898 of the
commission’s rules.
(c) Notice that installation of equipment has been completed may be served at
any time on landlords upon whose property cable television service or
facilities were placed prior to the effective date of this Part.
§898.4 Right of Entry
(a) A cable television company shall have the right to enter property of the
landlord for the purpose of making surveys or other investigations preparatory
to the installation. Before such entry, the cable television company shall serve
notice upon the landlord, or an authorized agent which notice shall contain the
date of entry and all other information described in section 893.3(b) of this
Part. The cable television company shall be liable to the landlord for any
damages caused by such entry but such damages shall not duplicate
damages paid by the cable television company pursuant to section
228(1)(a)(3) of the Public Service Law.
(b) where the installation of cable television service or facilities is not effected
pursuant to a notice served in accordance with section 898.3 of this Part, the
cable television company may file with the commission a petition verified by an
authorized officer of the cable television company setting forth:
(1) proof of service of a notice of intent to install cable television service upon the
landlord;
(2) the specific location of the real property;
(3) the resident address of the landlord, if known;
(4) a description of the facilities and equipment to be installed upon the property,
including the type and method of installation, the anticipated costs thereof, and
the measures to be taken to minimize the aesthetic impact of the installation;
(5) the name of the individual or officer responsible for the actual installation;
(6) a statement that the cable television company shall indemnify the landlord for
any damage caused in connection with the installation, including proof of
insurance or other evidence of ability to indemnify the landlord;
(7) a statement that the installation shall be conducted without prejudice to the
rights of the landlord to just compensation in accordance with section 898.2 of this
Part;
(8) a summary of efforts by the cable television company to effect entry of the
property for installation; and
(9) a statement that the landlord is afforded the opportunity to answer the petition
within 20 days from the receipt thereof which answer must be responsive to the
petition and may set forth any additional matter not contained in the petition.
Participation by the landlord is not mandatory, however, if no appearance by the
landlord is made in the proceeding or no answer filed within the time permitted,
the commission may grant to the petitioning cable television company an order of
entry which order shall constitute a ruling that the petitioning cable television
company has complied with requirements of section 228 of the Public Service
Law and the regulations contained in this Part. If the landlord files a written
answer to the petition, the cable television company shall have 10 days within
which to reply to said answer. The commission may grant or deny the petition,
schedule an administrative hearing on any factual issues presented thereby or
direct such other procedures as may be consistent with the installation of cable
television service or facilities in accordance with Section 228 of the Public Service
Law.
§898.5 Application for just compensation
A landlord may file with the commission an application for just compensation
within four months following the service by the cable television company of the
notice described in section 898.3 of this Part or within four months following the
completion of the installation of the cable television facilities, whichever is later.
§898.6 Contents of application for just compensation
An application for just compensation shall set forth specific facts relevant to the
determination of just compensation. Such facts relevant to the determination of
just compensation. Such facts should include, but need not be limited to, a
showing of:
(a) the location and amount of space occupied by the installation;
(b) the previous use of such space;
(c) the value of the applicant’s property before the installation of cable television
facilities and the value of the applicant’s property subsequent to the installation of
cable television facilities; and
(d) the method or methods used to determine such values. The secretary may,
upon good cause shown, permit the filing of supplemental information at any time
prior to final determination by the commission.
§898.7 Service of Application
A copy of the application filed by the landlord for just compensation shall be
served upon the cable television company making the installation and upon the
chief executive officer of the municipality in which the real property is located.
§898.8 Responses
Responses to the application, if any, shall be served on all parties and on the
commission within twenty days from the service of the application.
§898.9 Hearing and determination
(a) If the commission finds that just compensation for the installation of cable
television facilities as described in the application may be in excess of one dollar it
shall conduct a hearing pursuant to section 216(3) of the Public Service Law.
(b) An applicant may, within 20 days from the release date of the commission
order which sets compensation at one dollar or less, file a written request for a
hearing. Upon timely receipt of such request, the commission shall conduct a
hearing pursuant to section 216(3) of the Public Service Law and Chapter I,
Subchapter A of this Title.
(c) If after the filing of an application, the cable television company and the
applicant agree upon the amount of just compensation and the commission
approves such amount, the commission shall not be required to conduct a hearing
on the issue.
02-510013
4
USPS Tracking No.:
92071969009997901765948437
Cover-Ltr2-20160119F