The City grants franchises and concessions in accordance with Chapter 14 of the City Charter and the rules proscribed by the Franchise and Concession Review Committee (FCRC). Awards are made in a manner similar to the procurement process, i.e., by using RFPs or competitive sealed bids. MOCS oversees and certifies agency compliance with the applicable laws and regulations for franchises and concessions.
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Franchises are grants of the right to occupy or to use the City's inalienable property, such as streets or parks, to provide a public service, such as telecommunications or transportation.
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Concessions are grants for the private use of City-owned property, such as food sales or recreational activity, with the City's compensation typically tied to the concessionaire's revenue.
FCRC is comprised of six members - two appointees representing the Mayor, one representing the Law Department, one representing the Office of Management and Budget (OMB), one representing the Comptroller, and one representative from each of the five Borough Presidents, who as a group cast one vote in accord with the location of the franchise or concession at issue.
To award a franchise, the FCRC must conduct a public hearing and approve the franchisee with at least five votes. Concessions, depending on their award method, may or may not require FCRC approval. Awards solicited through competitive sealed bids never require FCRC approval.
Public hearings are held for all "significant" concessions, i.e., those awarded via a method other than competitive sealed bid that either have a term of 10 years or more, or will result in projected annual income to the City of more than $100,000. Concessions awarded via sole source or any other non-competitive method require two FCRC approvals, each with at least four votes. Preliminary approval is required to allow the agency to enter into negotiations. If the concession is significant, a hearing is required. Regardless of the necessity of a hearing a vote is required to finalize the award.