Section 23-403. Powers of commissioner

a. The commissioner may issue and
  renew permits under this chapter based upon a determination, at  his  or
  her  discretion,  that  issuance  or renewal of a permit would be in the
  best interests of the city, provided that:
    1. no permit shall be issued or renewed unless the applicant  holds  a
  franchise  granted  by  the city to install, operate and maintain public
  pay telephones on, over and under  the  streets  and  other  inalienable
  property of the city;
    2.  (i)  in  the event that the installation of a public pay telephone
  requires the  opening,  drilling  or  other  physical  alteration  of  a
  building  facade or other private property, no permit shall be issued or
  renewed without the written consent of the building owner.
    (ii) in the event that the installation  of  a  public  pay  telephone
  requires  affixing  the  phone  to  a  building  facade or other private
  property, no permit shall be  issued  or  renewed  without  the  written
  consent of the building owner.
    (iii) in the event the installation of a public pay telephone is to be
  accomplished  in  a manner other than as set forth in subsection (i) and
  (ii) of this section, but requires access through an existing conduit or
  other opening on a building facade or other private  property,  or  such
  installation is to be made within six feet of a building line, no permit
  shall  be  issued or renewed without the written consent of the building
  owner or the commercial lessee who shall certify (aa) that the  building
  owner  has  authorized  the lessee to grant such consents; and (bb) that
  the lessee has provided the building owner or its authorized agent  with
  written notification by certified mail, of the granting of such consent,
  the  name  and  address of the owner of the public pay telephone and the
  location of such public pay telephone in relation to the building. Proof
  of mailing of such notification to the building owner or its  authorized
  agent  shall  be  included  in  the  permit  application.  It shall be a
  violation  of  this  chapter  where  a  permittee,   without   providing
  justification  therefor,  fails  within  a  time period specified by the
  Commissioner to remove a public pay telephone  following  receipt  of  a
  notice from the building owner or its authorized agent by certified mail
  that  he  or she objects to the installation, where such notice and copy
  to the Commissioner are sent  within  thirty  days  of  receipt  of  the
  commercial  lessee's consent. Nothing herein shall be construed to limit
  a building owner or its authorized agent from pursuing such remedies  as
  he  or  she  may  have  under  law  with  respect  to  the  unauthorized
  installation of a public pay telephone; and
    3. no  permit  shall  be  issued  or  renewed  for  the  installation,
  operation  and  maintenance  of  a  public pay telephone at any location
  where it will unreasonably interfere with the use of  a  street  by  the
  public,  or  where  it  will  unreasonably interfere with the use of the
  abutting property.
    b. The commissioner shall promulgate rules to implement the provisions
  of this chapter. Such rules shall include,  without  limitation:  (i)  a
  procedure  and  timetable  for  review  by  the  department,  and  other
  appropriate agencies, including the  department  of  transportation,  of
  applications for the issuance and renewal of permits to install, operate
  and   maintain  public  pay  telephones  at  specified  locations;  (ii)
  standards governing the location of public pay telephones designed so as
  to ensure that such telephones will not unreasonably interfere with  the
  use  of  the street by the public and with use of the abutting property;
  and (iii) standards and procedures governing the installation,  removal,
  operation,  cleaning and maintenance of public pay telephones, including
  procedures for  the  expedited  removal  of  any  public  pay  telephone
  determined to constitute a public nuisance.

    c.   Permits   may   contain  such  other  terms  and  conditions  not
  specifically provided for in this  chapter  as  the  commissioner  deems
  necessary to protect the public safety and to safeguard the interests of
  the city.