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Business Information: The Franchise Process
The Franchise and Concession Review Committee (FCRC) is empowered under the City Charter to review and approve franchisees and franchise agreements in the City of New York.

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:

  1. 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
  2. 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.

Governing Resolutions

This following telecommunications legislation and City regulations affect the operations of the Franchise/Legal division. Notices of proposed changes to these regulations can also be found here.

Cable
Authorizing Resolution No. 475 (PDF) - approved November 17, 1998

Local High Capacity Telecommunications
Authorizing Resolution No. 404 (PDF) - approved March 26, 1992
Authorizing Resolution No. 592 (PDF) - approved November 20, 2002

Mobile Telecommunications
Authorizing Resolution No. 985 (PDF) - approved May 23, 1991
Authorizing Resolution No. 438 (PDF) - approved July 19, 1994
Authorizing Resolution No. 957 (PDF) - approved August 11, 1999

Public Pay Telephones
Rules of the City of New York (PDF) - approved May 31, 2000
Authorizing Resolution No. 1043 (PDF) - approved September 17, 2003



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