The FCRC consists of the following officials or their designees:
- Mayor of New York City (serves as Chairperson)
- City Comptroller
- Corporation Counsel
- Director of the Office of Management and Budget
- Additional Mayoral Designee
- The Borough President of Each Borough Affected by the Transaction
There are four steps in the franchise approval process:
Public Hearing
The FCRC reviews and approves the grant of a franchise proposed by a responsible agency after a public hearing on the proposed agreement and in accordance with other requirements of the franchising process. In order to approve a franchisee, the authorizing legislation legally allowing such action for the type of franchise involved must be current. A list of relevant governing resolutions appears below.
Determination
In reviewing and approving franchise agreements, the FCRC:
- Determines whether or not the franchise agreement proposed by the City agency is consistent with the Request for Proposal (RFP) or other solicitation under which the agreement was negotiated; and
- Requires appropriate modifications to any franchise agreements to correct significant inconsistencies. After a public hearing, the FCRC may vote on whether or not to approve a proposed franchisee, franchise agreement, transfer, modification, or other transaction related to a franchise agreement. Each committee member has one vote and five affirmative votes are needed for an approval. In matters that affect more than one borough, the Borough Presidents affected must share a single vote. An approval is manifest as a resolution adopted by the FCRC.
Mayoral Approval
The proposed franchise becomes effective only if it is signed by the Mayor of the City of New York or a designee within 60 days of it being presented to him or her.
Registration with City Comptroller
An executed franchise agreement cannot be implemented until a copy of the agreement is filed with the Comptroller of the City of New York. It becomes effective once the Comptroller either registers it or 30 days lapse from the date of filing, whichever is sooner. However, if the Comptroller raises certain objections such as irregularities within the agreement or concerns of corruption, the implementation deadline is void.