N.Y. Comp. Codes R. & Regs. tit. 16 § 604.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 604.1 - Definitions

Unless the context otherwise requires, as used in this Part and Part 608 of this Title:

(a) The term distribution facility means the telephone cable, wire and associated hardware used to provide service to one or more customers.

(b) The term feeder facility means connecting cable, conduit or poles that are installed between a telephone switching station and distribution facilities outside, within or through a residential subdivision.

(c) The term underground telephone facilities means a system in which all cable, service wire, conduit and manholes are placed below ground, either direct buried or in conduit, as specified needs dictate, and may include:

(1) rear wall cable placed on row houses; and

(2) pedestal terminals necessary to facilitate installation, operation and subsequent maintenance of the underground distribution system.

(d) The term applicant means a developer, builder, person, partnership, association, corporation or governmental agency applying for construction of telephone facilities.

(e) The term residential building means a structure enclosed within exterior walls or fire walls which is built, erected and framed of component structural parts and is designed for permanent residential occupancy.

(f) The term multiple occupancy building means a structure (including row houses) enclosed within exterior walls or fire walls which is built, erected and framed of component structural parts and is designed to contain four or more individual dwelling units for permanent residential occupancy.

(g) The term residential subdivision means a tract of land divided into five or more lots for the construction of five or more new residential buildings or the land on which new multiple occupancy buildings are to be constructed, the development of either of which has been approved (or was required to be approved) by governmental authorities having jurisdiction over land use, which authorities include:

(1) the Department of State, pursuant to article 9-A of the Real Property Law;

(2) the Department of Environmental Conservation, pursuant to article 15, titles 5, 15 and 27, article 17, title 15 and article 24 of the Environmental Conservation Law;

(3) The Adirondack Park Agency, pursuant to sections 809 and 810 of the Executive Law and article 15, title 27, and article 24 of the Environmental Conservation Law;

(4) any Department of Health, pursuant to article 11, title 2 of the Public Health Law;

(5) counties, pursuant to section 239-d (7) of the General Municipal Law;

(6) cities, pursuant to sections 32, 33 and 34 of the General City Law;

(7) villages, pursuant to sections 179-k, 179-1 and 179-m of the Village Law; and

(8) towns, pursuant to sections 276, 277 and 278 of the Town Law.

(h) The term public R/W means the area within the territorial limits of any street, avenue, road or way that is for any highway purpose under the jurisdiction of the State of New York or the legislative body of any county, city, town or village, that is open to public use and that may be used for the placement of utility facilities.

(i) The term R/W (right-of-way) means a right to pass over, occupy or use another's land for placing and maintaining utility facilities.

(j) The term new construction means the installation of new telephone, distribution or feeder facilities on any R/W where no overhead telephone facilities previously existed.

(k) The term VSR means a visually significant resource:

(1) designated primarily or exclusively because of its exceptional, outstanding, significant, special or unique scenic quality, pursuant to State or Federal enabling legislation; and

(2) listed in section 608.2(h) of this Title.

(l) The term commission means the Public Service Commission of New York State.

(m) The term utility means a telephone corporation subject to the jurisdiction of the commission.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 604.1