N.Y. Comp. Codes R. & Regs. tit. 21 § 208.2

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

Section 208.2 - Leases

(a) Leases for the right to construct and/or maintain and operate fiber optic equipment may be granted under the authority of section 528 (9) of the Public Authorities Law and shall be limited to a period of no more than 10 years from the date on which they are made.

(b) The authority shall seek separate proposals for each of its Hudson River facilities, except that the Newburgh-Beacon Bridge and the parallel Newburgh-Beacon Bridge may be deemed to be a single facility for the purposes of this Part. Proposers seeking access to more than one bridge may reply with a single proposal containing separate technical details rather than a separate proposal for each facility. Nothing herein shall be construed to prohibit any transportation corporation from being awarded leases to use more than one facility.

(c) Unless engineering, bridge maintenance or maintenance of traffic considerations require otherwise, the authority will not award an exclusive lease for sole access to any bridge by any lessee. In order to avoid interference with its regular operations, however, the authority does reserve the right to refrain, after the award of any lease or leases for access to any bridge, from the award of additional leases for access to the same bridge up to but not exceeding a period of 10 years.

(d) The authority may also accept proposals from and award leases to two or more transportation corporations acting as a joint venture.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 208.2