Legislative & Regulatory Filings

The following filings are consistent with our endeavors to expand broadband adoption and access throughout the five boroughs. DoITT also submits periodic filings or testimony related to rights-of-way management matters, cable television and public safety communications.

On June 8, 2012, the City filed a petition seeking a waiver of the FCC’s requirement that all public safety and industrial/business land mobile radio systems in the 150-174 MHz and 421-512 MHz bands migrate from 25 kHz channel bandwidth to 12.5 kHz or narrower technology by January 1, 2013. The City described how the complexity of its public safety operations and recent legislative changes, which have affected spectrum currently used by the City’s public safety operations, have impacted the City’s ability to meet the January 1, 2013 deadline.

The Department of Information Technology & Telecommunications has provided testimony and submitted comments and filings to a number of local, state and federal entities.

Broadband Deployment

On February 3, 2014, the City of New York responded to the FCC’s notice of proposed rulemaking regarding siting of wireless facilities. In the comments, the City recognizes the extraordinary value wireless communications provide the residents, visitors, and businesses of New York City, but outlines the continued need for local review of siting-related matters to ensure that public safety (structural integrity, fire safety, and other aspects of building safety) and aesthetic needs continue to be met.

On July 18, 2011, the City responded to the FCC’s Notice of Inquiry regarding how to accelerate broadband deployment. In the comments and reply comments, the City of New York describes how it has used the existing regulatory framework to achieve universal deployment of broadband facilities by competing service providers for residential customers.   The comments and reply comments also describe the City’s practices with regard to siting of wireless service facilities.

Basic Tier Encryption

On November 29, 2011, the City responded to an FCC Notice of Proposed Rulemaking, which tentatively concluded that allowing cable operators to encrypt the basic service tier in all-digital systems will not substantially affect compatibility between cable service and consumer electronics equipment for most subscribers. In its comments, the City recommends a temporary, as opposed to a permanent, removal of the basic-tier only encryption ban for all digital-systems, with an opportunity to revisit the issue at a later date.

Read NYC’s comments on basic service tier encryption

Market Competition for Video Programming Delivery

On July 8, 2011, the City filed reply comments in the FCC’s annual proceeding to assess the status of competition in the market for the delivery of video programming. The reply comments describe the continued need for the regulatory framework established by Title VI of the Communications Act, as amended, and how the City has used this framework to ensure that its residents have contractually guaranteed access to at least two wireline multichannel video programming distribution operators.

Read NYC’s reply comments on market competition for video programming delivery

Lifeline and Link Up Reform and Modernization

On April 21, 2011, the City responded to a FCC Notice of Proposed of Rulemaking regarding modernization of the Lifeline and Link Up programs. The City supports revising the definition of “Lifeline” to explicitly allow support for broadband.   Nevertheless, the City’s comments state that the ultimate resolution of the broadband adoption problem requires a holistic solution that addresses the various impediments to wider adoption, of which cost is only one factor.

Read NYC’s comments regarding lifeline and link up

Read More in the Legislative & Regulatory Filings Archive