Res. 04-10

ANC 3F RESOLUTION

APPLICATION BY DAVEL COMMUNICATIONS

PAYPHONE ON PUBLIC SPACE AT 4300 CONNECTICUT AVENUE, N.W.

Advisory Neighborhood Commission 3F

4401-A Connecticut Avenue, N.W., #244

Washington, D.C. 20008-2322

Whereas, Davel Communications, 10800B Hanna Street, Beltsville, Maryland, has filed an application for a public space permit to place an outdoor pay telephone and pedestal on public space at 4300 Connecticut Avenue, N.W., within the boundary of ANC 3F, and

Whereas, ANC 3F received notice of this application by letter dated January 8, 2004, to Chair Cathy Wiss from the Public Space Office, and

Whereas, the envelope with this letter was not postmarked until January 23, 2004 (see attached), and in light of this ANC 3F requested and received permission to file its comments on this application subsequent to ANC 3F’s March 15, public meeting after due notice to the community, and

Whereas, ANC 3F discussed the public space application with the applicant Andrew Tzamaras from Davel Communications and Mr. Tzamaras was notified of the time and place of the ANC meeting and Mr. Tzamaras was not represented at the meeting, and

Whereas, Davel Communications has an existing payphone on a pedestal on public space in the vicinity of 4300 Connecticut Avenue and is now seeking to register this phone which did not have prior permission from the Public Space Office or the Public Service Commission, and

Whereas, an inspector from the Public Service Commission (PSC) reported to the PSC one and a half years ago that the telephone on public space, operated by Davel Communications, was not properly registered with the PSC in accordance with Section 603 of the Pay Telephone regulations, and

Whereas, the applicant submitted a Site Plan, with the Public Space application, requesting this payphone be located in front of the 4300 Connecticut Avenue building, and

Whereas, as the attached photographs show, there are currently two public payphones located between 4304 Connecticut Avenue (Parklane Cleaners) and 4310 Connecticut Avenue (Gold’s Gym), at ground level, one payphone operated by ISP for which there has never been a public space application, and the other payphone operated by Davel Communications, which is the subject of the present Public Space Application, and

Whereas, the Site Plan submitted by Davel Communications with the Public Space Application is not consistent with the existing public payphone, and

Whereas, ANC discussed this Site Plan with Mr. Tzamaras, and received assurance that the payphone that is the subject of the Public Space Application is the existing payphone and that there are no plans to move the existing payphone to the raised sidewalk in front of 4300 Connecticut Avenue, and

Whereas, two commissioners from ANC 3F discussed the Public Space application for the payphone with the managers of the 4300 Building, the Video Warehouse (4300 Connecticut Avenue) and Parklane Clearners (4304 Connecticut Avenue), and

Whereas, the managers of these businesses had no objection to the payphone at its current location, but did object to the moving of the payphone to the raised sidewalk in front of the 4300 Building either in front of the Video Warehouse or between the Video Warehouse and Parklane Cleaners,

Therefore, ANC 3F does not object to the Public Space Application by Davel Communications for a public payphone at its current location on ground level between 4304 and 4310 Connecticut Avenue, but would object if the payphone is to be moved to the raised sidewalk in the vicinity of 4300 Connecticut Avenue, and

Further, ANC 3F’s approval is based on the following conditions discussed with and agreed to by the applicant, Mr. Tzamaras from Davel Communications:

1. That the public payphone be for one-way outgoing calls only.

2. That Davel Communications keep this public payphone instrument working at all times and the housing clean and absent of any debris or defacement, including graffiti, unlawful writings, slogans, markings, gougings and scratchings, and

3. That Davel Communications will not rent or provide free the telephone, telephone casement, or pedestal for advertisements, campaign literature, or public service announcements of any kind.

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Adopted on March 15, 2004, by a vote of 5-0-0 at a duly noticed public meeting with a quorum present (a quorum being four commissioners).

/s/ Karen Lee Perry /s/ Cathy Wiss

Karen Lee Perry, Chair Cathy Wiss, Secretary