Section 19-511. Licensing of communications systems and base stations

a. The
  commission  shall require licenses for the operation of two-way radio or
  other  communications  systems  used  for   dispatching   or   conveying
  information to drivers of licensed vehicles, including for-hire vehicles
  or  wheelchair  accessible  vans  and  shall  require  licenses for base
  stations, upon such terms as it deems  advisable  and  upon  payment  of
  reasonable  license  fees  of not more than five hundred dollars a year.
  There shall be an additional fee of twenty-five dollars for late  filing
  of  a  license renewal application where such filing is permitted by the
  commission.
    b. The operator of a base station shall  provide  and  utilize  lawful
  off-street  facilities  for  the  parking  and  storage  of the licensed
  for-hire vehicles that are to be dispatched from that base station equal
  to not less than one parking  space  for  every  two  such  vehicles  or
  fraction  thereof.  The  commission shall establish by rule criteria for
  off-street parking which shall include,  but  not  be  limited  to,  the
  maximum   permissible   distance  between  the  base  station  and  such
  off-street parking facilities  and  the  proximity  of  such  off-street
  parking   facilities  and  the  proximity  of  such  off-street  parking
  facilities to residences and community  facilities  as  defined  in  the
  zoning  resolution  of  the  city  of New York. A license for a new base
  station shall only be granted where the applicant  has  demonstrated  to
  the  commission  prior  to  the issuance of such license that off-street
  parking facilities  sufficient  to  satisfy  the  requirements  of  this
  subdivision shall be provided.
    c.  Notwithstanding the provisions of subdivision b of this section, a
  license for a base station which was valid on the effective date of this
  section shall only be renewed upon the condition that within  two  years
  of such renewal the licensee shall provide off-street parking facilities
  as required by subdivision b of this section.
    d.  (1)  No  license for a new base station shall be issued unless the
  applicant demonstrates to the satisfaction of the  commission  that  the
  applicant  will  comply  with  the  off-street  parking  requirements of
  subdivision b  of  this  section  and  the  commission  finds  that  the
  operation  of  a  base station by the applicant at the proposed location
  would meet such other criteria as may be established by the  commission.
  Among  the  other  factors  which must be examined and considered by the
  commission in making a determination to issue a license are the adequacy
  of existing mass transit and mass transportation facilities to meet  the
  transportation  needs of the public any adverse impact that the proposed
  operation may have on those existing services and  the  fitness  of  the
  applicant.  In  determining  the fitness of the applicant the commission
  shall consider, but is not limited to considering, such factors  as  the
  ability  of  the  applicant  to  adequately manage the base station, the
  applicant's financial stability and whether the  applicant  operates  or
  previously  operated a licensed base station and the manner in which any
  such base station was operated. The commission shall also  consider  the
  extent  and  quality  of service provided by existing lawfully operating
  for-hire vehicles and taxicabs.
    (2) No license for a new base station shall be issued for a period  of
  three   years   subsequent   to   a   determination  in  a  judicial  or
  administrative  proceeding  that   the   applicant   or   any   officer,
  shareholder,  director  or  partner  of  the  applicant  operated a base
  station that had not been licensed by the commission.
    (3) In its review of an application for a license  to  operate  a  new
  base station and in its review of an application to renew a base station
  license  the  commission shall also consider the possible adverse effect
  of such base station on the quality of life in the vicinity of the  base

  station  including,  but  not  limited  to, traffic congestion, sidewalk
  congestion and noise. In its review of an application to  renew  a  base
  station   license   the   commission   shall  also  consider  whether  a
  determination  has been made after an administrative proceeding that the
  operator has violated any applicable rule of the commission.
    (4) No base station  license  shall  be  renewed  where  it  has  been
  determined  after  an  administrative  proceeding that the applicant has
  failed to comply with the off-street parking requirements set  forth  in
  subdivision b of this section or as they may have been modified pursuant
  to subdivision h of this section.
    e.  A  licensed base station shall at all times have no fewer than ten
  affiliated vehicles, except that a base station for which a license  was
  first  issued  prior to January 1, 1988 and which at that time had fewer
  than ten affiliated vehicles or a base station which has an  affiliation
  with  a wheelchair accessible vehicle may have as few as five affiliated
  vehicles, not including black cars and luxury limousines.
    f. Prior to the issuance of a  license  for  a  base  station  or  the
  renewal  of a valid base station license, the applicant shall provide to
  the commission a bond in the amount of five thousand dollars with one or
  more sureties to be approved by the commission. Such bond shall  be  for
  the  benefit  of  the  city  and  shall be conditioned upon the licensee
  complying with the requirement that the licensee dispatch only  vehicles
  which  are currently licensed by the commission and which have a current
  New York city commercial use  motor  vehicle  tax  stamp  and  upon  the
  payment  by  the licensee of all civil penalties imposed pursuant to any
  provision of this chapter.
    g. Upon receiving an application for the issuance of a license  for  a
  new  base  station  or  for  the renewal of a license for a base station
  pursuant to this section, the commission  shall,  within  five  business
  days,  submit  a  copy  of  such  application  to the council and to the
  district office of the council member and the community  board  for  the
  area in which the base station is or would be located.
    h.  Notwithstanding  the  provisions  of  subdivisions b and c of this
  section, the commission may reduce the  number  of  required  off-street
  parking  spaces  or may waive such requirement in its entirety where the
  commission  determines  that  sufficient   lawful   off-street   parking
  facilities do not exist within the maximum permissible distance from the
  base  station  or  an  applicant demonstrates to the satisfaction of the
  commission that complying with the off-street parking  requirements  set
  forth  in  such  subdivisions would impose an economic hardship upon the
  applicant; except that the commission shall  not  reduce  or  waive  the
  off-street  parking  requirements  where  it  has  been determined in an
  administrative proceeding  that  the  applicant,  or  a  predecessor  in
  interest, has violated any provision of section 6-03 of the rules of the
  commission  or  any  successor thereto, as such may from time to time be
  amended. A determination to  waive  or  reduce  the  off-street  parking
  requirements  shall  be  made  in  writing,  shall  contain  a  detailed
  statement of the reasons why such determination was made  and  shall  be
  made  a part of the commission's determination to approve an application
  for a base station license.
    i. The determination by the commission to approve an application for a
  license to operate a new base station or for the renewal of a license to
  operate a base station shall be made in writing and shall be accompanied
  by copies of the data, information and other materials  relied  upon  by
  the commission in making that determination. Such determination shall be
  sent  to  the  council  and to the district office of the council member
  within whose district that base station is or would  be  located  within
  five business days of such determination being made.