Section 24-415. Conditions to granting permit for conduit construction; security

a. The commissioner of transportation shall not grant a permit  of the type mentioned in section 24-404  of  the  code  unless,  if  the
  application be for underground construction, there is an existing demand
  for  the construction of such conduits or subways, and the occupation of
  such conduits or subways is reasonably assured, and the public interests
  require their  construction,  or  unless,  if  the  application  be  for
  permission  to  deviate  from  an underground system, the case is one of
  those in which such deviation may be legally permitted  under  authority
  of  sections  24-407  through 24-409 of the code. This section is made a
  police regulation in and for such boroughs.
    b. It shall be the duty  of  the  commissioner  of  transportation  to
  require  of  any  corporation  or  individual making application for the
  construction of subways, that before the construction  of  such  subways
  shall  be  ordered, the applicant shall furnish to the corporation which
  shall be ordered to build such subways, satisfactory  security  for  the
  occupation  by  it  of  the  subways  which  shall be constructed at its
  request, and the payment of the established rentals therefor  yearly  in
  advance,   during  such  period,  not  less  than  five  years,  as  the
  commissioner of transportation  shall  determine.  The  commissioner  of
  transportation  may establish and from time to time may alter, add to or
  amend all proper and necessary rules, regulations and provisions for the
  manner of use and management of the electrical conductors,  and  of  the
  conduits  or  subways  therefor,  constructed  or contemplated under the
  provisions of this section or of any law mentioned herein. This  section
  shall  not  be  construed  to authorize any corporation or individual to
  take up the pavements of such boroughs,  to  excavate  in  any  of  such
  streets  or to erect poles in any part of such boroughs, unless a permit
  in writing therefor shall have been first obtained from the commissioner
  of transportation.
 
    * NB Amended L.L. 69/85 § 15, language juxtaposed per Ch. 907/85 § 14