Section 23-404. Term; Termination

a.  A  permit  for a public pay telephone shall continue in effect for
  the term of  the  franchise  held  by  the  owner  of  such  public  pay
  telephone,  unless  the  commissioner, after giving the permittee notice
  and an opportunity to be heard, determines: (i)  that  as  a  result  of
  changed  conditions, the public pay telephone unreasonably interferes or
  will unreasonably interfere with the use of a street by the  public,  or
  constitutes  a  public  nuisance; or (ii) that removal of the public pay
  telephone is required in connection with  a  street  widening  or  other
  capital project or for other purposes as may be specified by rule of the
  commissioner.  Upon  making  such  determination, the commissioner shall
  order the removal of the public pay telephone within a  reasonable  time
  period.  In  the  event  the  permittee  fails  to remove the public pay
  telephone  within  the  time  period  specified  in  such   order,   the
  commissioner may remove or cause the removal of the public pay telephone
  and  have  repair  and  restoration work performed at the expense of the
  permittee, who shall be liable in a civil action for the amount expended
  by the city.
    b. Notwithstanding the provisions of subdivision a of this section, in
  the event that a public pay telephone is removed in  connection  with  a
  street  widening or other capital project or other improvement specified
  by rule of the commissioner, the permittee may apply to the commissioner
  for permission to reinstall the public pay telephone at another location
  or, following the completion of such street widening,  capital  project,
  or  other  improvement,  at  or  near  its original location. Where such
  permission is granted, the permittee shall not be required to  obtain  a
  new  permit  for  the  public  pay  telephone, and the permit previously
  issued for such public pay telephone shall continue in effect.  If  such
  public  pay  telephone is reinstalled at another location, the permittee
  may apply to the commissioner for a new permit to install another public
  pay telephone following the completion of such street widening,  capital
  project  or  other  improvement  at or near the original location of the
  public  pay  telephone  previously  removed  in  connection   therewith,
  provided that the permittee has paid the required fee for such permit.