Res. 03-23

ANC 3F RESOLUTION
APPLICATION BY DAVEL COMMUNICATIONS
PAYPHONE ON PUBLIC SPACE AT 4339 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 on public space at Calvert-Woodley, 4339 Connecticut Avenue, N.W., within the boundary of ANC 3F, and

Whereas, ANC 3F received notice of this application by letter dated September 26, 2003, to Chair Cathy Wiss from the Public Space Office, and

Whereas, the envelope with this letter was postmarked October 28, 2003, to an incorrect mailing address for ANC 3F, and in light of these events ANC 3F requested and received permission to file its comments on this application subsequent to ANC 3F’s November 17, 2003, public meeting with due notice to the community, and

Whereas, the applicant Andrew Tzamaras from Davel Communications was notified of the time and place of the ANC meeting and was not  represented at the meeting, and

Whereas, a review of the records available at the Public Service Commission will show that the pay telephone at 4339 Connecticut Avenue was mounted on the north wall of the Calvert-Woodley building  on private property, and that throughout the years this pay telephone was never noticed to or approved by ANC 3F, and that the previous owners of the telephone were Capital Pay Phone in 1989, U. S. Pay Phone in 1991, and P.C.I. in 1996, and

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

Whereas, this telephone was not an existing telephone on public space, but was moved onto public space by Davel Communications in June 2003 at about the same time the application was filed with the Public Space Committee, “requesting approval to place a telephone on public space,” and

Whereas, in moving this telephone to public space, the attached photographs show that Davel Communications placed the phone adjacent to a narrow sidewalk interfering with pedestrians using the narrow walkway to Calvert-Woodley and into a landscaped side yard with cable on top of and through the landscaped yard, and

Whereas, Davel Communications has surrounded the telephone case with a large yellow sign with a beer advertisement, and

Whereas, by letter dated November 14, 2003, (attached), the owner of Calvert-Woodley, 4339 Connecticut Avenue, has asked that the telephone be removed as it has been a nuisance to customers and his store, and

Whereas, ANC 3F took the issues of convenience and public safety into consideration in its deliberation on this request and notes that there are currently 13 outdoor pay telephones conveniently located on the East and West sides of Connecticut Avenue between the 4200 and 4400 blocks of Connecticut Avenue, not counting the outdoor pay phone immediately next door at the CVS, and the public payphones located within the area businesses and within the Metro station and the Giant parking lot within one block of 4339 Connecticut Avenue,     

Therefore, ANC 3F objects to Davel Communications application to the Public Space Commission to have a pay telephone on public space at 4339 Connecticut Avenue.  

Further, ANC 3F requests the Public Service Commission not register a pay telephone to Davel Communications at 4339 Connecticut Avenue and to request the Public Service Commission have the existing telephone installed on public space at 4339 Connecticut Avenue removed immediately.    

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Adopted on November 17, 2003, by a vote of 7-0-0 at a duly noticed public meeting with a quorum present (a quorum being four commissioners).



____________________________        _______________________________
Cathy Wiss, Chair                                     David J. Bardin, Secretary