August 26, 2021 Honorable Michelle L. Phillips Secretary New York State Public Service Commission Three Empire State Plaza Alban

Home , Orchard Street

140 West Street, 7th Floor Joseph A. Post New York, NY 10007 Deputy General Counsel State Regulatory Affairs – NY (212) 519-4717 [email protected]

August 26, 2021

Honorable Michelle L. Phillips Secretary New York State Public Service Commission Three Empire State Plaza Albany, NY 12223

Re: Matter 21-____ – Petition of Verizon New York Inc. for an Order of Entry for 14 Orchard Street, Manhattan (Post-Survey)

Dear Secretary Phillips:

Enclosed please find the Petition of Verizon New York Inc. for an Order of Entry for 14 Orchard Street, Manhattan.

Respondent: If you believe that your building was petitioned in error or you are now willing to allow installation of Verizon’s cable television facilities, the quickest and most efficient way of letting us know is to send an email to [email protected]. We will review and follow up on your email promptly. Please include in the email message your name, company, telephone number, email address and the address of the building.

Respectfully submitted,

Joseph A. Post

cc: Canal Condominium c/o Bethel Management Inc. Attn: Veronica Wong 7 Chatham Square, #608 New York, NY 10038

STATE OF NEW YORK PUBLIC SERVICE COMMISSION

Petition of Verizon New York Inc. for an Order of Entry for 14 Orchard Street, Manhattan Matter 21-______

PETITION FOR ORDER OF ENTRY

Verizon New York Inc. (“Verizon”) respectfully submits this Petition for Order of Entry,

pursuant to 16 NYCRR § 898.4, allowing Verizon to install of fiber-optic facilities to provide cable television service at 14 Orchard Street, Manhattan. In support of this Petition, Verizon states as follows:

Specific Location of the Property

1. Verizon seeks to install fiber-optic facilities to provide cable television service at

14 Orchard Street, Manhattan (the “Building”). The Building is a residential building with

multiple dwelling units.

Owner and Agent

2. The owner of the Building is Canal Condominium and the managing agent is

Veronica Wong, Bethel Management Inc., 7 Chatham Square, #608, New York, NY 10038.

Description of the Work to be Performed

3. By this Petition, Verizon seeks permission to install fiber-optic facilities to

provide cable television services to residents and businesses in the Building. These fiber-optic

facilities will also allow Verizon to provide voice telephony and broadband services in the

Building. A pre-installation survey has been completed. Exhibit 1 sets forth the type of

installation that Verizon intends to use for the Building.

Proof of Service of Notice of Intention to Install Cable Television Facilities and Service

4. After several unsuccessful attempts by Verizon to secure permission to start the

proposed fiber-optic installation, the owner and/or managing agent received a letter from

Verizon along with a Notice of Intent to Install Cable Television Facilities, copies of which are

attached as Exhibit 2.

Name of the Individual Responsible for Installation

5. Juan Escobedo, Verizon, 140 West Street, New York, NY, is the person primarily

responsible for the proposed installation.

Indemnification

6. Verizon warrants that it will bear the entire cost of the installation. Verizon further warrants that it will indemnify the owner of the Building for any damage caused in connection with the installation, and that it has insurance covering such installation, proof of which can be produced upon request.

Installation Work Will Be Conducted without Prejudice to the Owner’s Right to Receive Just Compensation

7. The proposed installation work will be conducted without prejudice to any rights

the owner of the Building may have to receive just compensation in accordance with 16 NYCRR

§ 898.2.

Summary of Verizon’s Efforts to Gain Entry to the Building

8. Verizon has attempted to contact the owners and managing agents by telephone

and/or e-mail to secure access to the properties, without success. Verizon has been unable to

obtain access to install its facilities for reasons that may include, but are not necessarily limited

to, refusals to permit access, delays by building owners or managing agents in communicating

with Verizon or in reaching a decision, and requests to defer work by Verizon pending building

renovations or other activity.

9. Verizon will continue attempting to work cooperatively with the building owner

and managing agent to obtain access to install its facilities, and will advise the Commission of

the progress of such efforts.

Opportunity for the Owner to Answer the Petition

10. The owner has twenty (20) days from receipt of this Petition to file an answer.

The answer must be responsive to this Petition and may set forth any additional matters not

contained herein.

WHEREFORE, Verizon respectfully requests that the Commission grant Verizon the

relief requested herein and issue an Order pursuant to 16 NYCRR § 898.4 permitting Verizon to

install cable television facilities at 14 Orchard Street, Manhattan, together with such other relief

as the Commission may deem just and proper.

Respectfully submitted,

JOSEPH A. POST 140 West Street, 7th Floor New York, NY 10007 (212) 519-4717

Counsel for Verizon New York Inc.

Dated: August 26, 2021

STATE OF NEW YORK PUBLIC SERVICE COMMISSION

Petition of Verizon New York Inc. for an Order of Entry for 14 Orchard Street, Manhattan Matter 21-______

AFFIRMATION OF KEEFE B. CLEMONS

Keefe B. Clemons, an attorney admitted to practice in the courts of the State of New

York, affirms under penalty of perjury, pursuant to CPLR 2106, as follows:

1. I am an officer of the petitioner Verizon New York Inc.

2. I am not a party to this action.

3. To the best of my knowledge, based on information provided by employees of the

Petitioner and its affiliates, the foregoing Petition is true.

______KEEFE B. CLEMONS

Dated: Boston, Massachusetts August 26, 2021

STATE OF NEW YORK PUBLIC SERVICE COMMISSION

Petition of Verizon New York Inc. for an Order of Entry for 14 Orchard Street, Manhattan Matter 21-______

DECLARATION OF LAURA A. SHINE

I have taken steps to ensure that a copy of the Petition of Verizon New York Inc. for an

Order of Entry for 14 Orchard Street, Manhattan was sent on August 26, 2021 by First-Class

U.S. Mail to:

Canal Condominium c/o Bethel Management Inc. Attn: Veronica Wong 7 Chatham Square, #608 New York, NY 10038

I declare under penalty of perjury that, to the best of my knowledge, the foregoing is true and correct.

Dated: New York, New York August 26, 2021

EXHIBIT 1

NYC FiOS Real Estate Department 140 West Street, 5th Floor New York, NY 10007

Joseph Monteleone ROW Agent Phone: (732)620-3187 Fax: (732) 365-5041 [email protected]

February 6, 2020

Property ID: 9404899 14 Orchard Street New York, NY 10002

RE: Notice of Intention to Install/Upgrade Cable Television Facilities and Service at: 14 Orchard Street

Attn. Ms. Maria Puiyeechan:

Verizon is pleased to be working with you as we build out our FiOS network! This amazing network is in your neighborhood, and now we want to bring it to your building(s).

Verizon and its engineering/design representatives will work closely with you to bring these services to you and your tenants. We have surveyed your building(s) and we must confirm your approval of the design plan for the installation of our FiOS facilities on your property. Verizon’s design proposal takes into account the safety, functioning and appearance of the premises. In addition, Verizon will bear the cost of the installation and operation of its FiOS facilities. Please review the enclosed design specifications and other documentation and provide us with your approval and signature on the Certificate of Acceptance of Proposed Work and the Construction Coordination sheet as soon as possible, so that we may move forward with the construction process.

Verizon is focused on the FiOS installation to your property as we work to meet commitments to our customers to provide television services over our FiOS network. For additional information on our proposed work start date and on Verizon’s process for installing cable television facilities on private property, please see the enclosed form from the New York Public Service Commission (“Commission”), “Notice of Intention to Install/Upgrade Cable Television Facilities and Service,” which has been completed by Verizon and includes a copy of the relevant New York law related to this process. Please note that the enclosed notice is required by the rules of the commission; the notice does not mean that the commission has granted an order of entry with respect to your property.

Please contact me at (732)620-3187, so that we may confirm your approval of the design plan and answer any questions you may still have about the installation of our FiOS facilities.

Thank you for your cooperation and assistance.

Sincerely,

Joseph Monteleone NOTICE OF INTENTION

TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, VERIZON NEW YORK INC. intends to install/upgrade cable television facilities and services upon your property at 14 Orchard Street. Verizon would like to perform this installation on or after 3/6/2020. In the event of any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

Generally consist of constructing pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced. Work to be performed in accordance with the Certificate of Acceptance of Proposed Work.

Verizon New York Inc’s installation/upgrade should conform with the safety, functioning, and appearance of the building in accord with the requirements of the New York State Public Service Commission law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

This installation/upgrade of cable television service will likely enhance the value of your property, there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions regarding the New York State Public Service Commission’s rules or regulations, you may write or call the Verizon New York Inc.’s representative; or write or call the Secretary to the New York State Public Service Commission at [email protected] or 3 Empire State Plaza, Albany, New York 12223-1350 or (518) 474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: 2/6/2020 PUBLIC SERVICE LAW § 228. Landlord-tenant relationship.

1. No landlord shall (a) interfere with the installation of cable television facilities (b) where the installation of cable television service or facilities is not effected upon his property or premises, except that a landlord may require: pursuant to a notice served in accordance with section 898.3 of this Part, the cable (1) that the installation of cable television facilities conform to such reasonable television company may file with the commission a petition verified by an conditions as are necessary to protect the safety, functioning and appearance of authorized officer of the cable television company setting forth: the premises, and the convenience and well being of other tenants; (2) that the cable television company or the tenant or a combination thereof bear (1) proof of service of a notice of intent to install cable television service upon the the entire cost of the installation, operation or removal of such facilities; and landlord; (3) That the cable television company agree to indemnify the landlord for (2) the specific location of the real property; any damage caused by the installation, operation or removal of such facilities. (3) the resident address of the landlord, if known; (4) a description of the facilities and equipment to be installed upon the property, (b) demand or accept payment from any tenant, in any form, in exchange for including the type and method of installation, the anticipated costs thereof, and the permitting cable television service on or within his property or measures to be taken to minimize the aesthetic impact of the installation; premises, or from any cable television company in exchange therefor in excess of (5) the name of the individual or officer responsible for the actual installation; any amount which the commission shall, by regulation, (6) a statement that the cable television company shall indemnify the landlord for determine to be reasonable; or any damage caused in connection with the installation, including proof of insurance or other evidence of ability to indemnify the landlord; (c) Discriminate in rental charges or otherwise, between tenants who receive cable (7) a statement that the installation shall be conducted without prejudice to the television service and those who do not. rights of the landlord to just compensation in accordance with section 898.2 of this Part; 2. Rental agreements and leases executed prior to January first, nineteen (8) a summary of efforts by the cable television company to effect entry of the hundred seventy-three may be enforced notwithstanding this section. property for the installation; and (9) a statement that the landlord is afforded the opportunity to answer the petition 3. No cable television company may enter into any agreement with the owners, within 20 days from the receipt thereof which answer must be responsive to the lessees or persons controlling or managing buildings served by a cable television petition and may set forth any additional matter not contained in the petition. company, or do or permit any act, that would have the effect, directly or Participation by the landlord is not mandatory, however, if no appearance by the indirectly of diminishing or interfering with existing rights of any tenant or other landlord is made in the proceeding or no answer filed within the time permitted, the occupant of such building to use or avail himself of master or individual antenna commission may grant to the petitioning cable company an order of entry which equipment. order shall constitute a ruling that the petitioning cable television company has complied with requirements of section 228 of the Public Service Law and the regulations contained in this Part. If the landlord files a written answer to the NEW YORK CODES RULES AND REGULATIONS - PART 898 - LANDLORD- petition, the cable television company shall have 10 days within which to reply to TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1)) said answer. The commission may grant or deny the petition, schedule an administrative hearing on any factual issues presented thereby or direct such other §898.1 Prohibition procedures as may be consistent with the installation of cable television service or Except as provided in section 898.2 of this Part, no landlord shall demand or facilities in accordance with Section 228 of the Public Service Law. accept any payment from any cable television company in exchange for permitting cable television service or facilities on or within said landlord’s property or §898.5 Application for just compensation. premises. A landlord may file with the commission an application for just compensation within four months following the service by the cable television company of the notice §898.2 Just Compensation described in section 898.3 of this Part or within four months following the Every landlord shall be entitled to the payment of just compensation for property completion of the installation of the cable television facilities, whichever is later. taken by a cable television company for the installation of cable television service or facilities. The amount of just compensation shall be determined by the §898.6 Contents of application for just compensation. commission in accordance with section 228 (1) (b) of the Public Service Law upon An application for just compensation shall set forth specific facts relevant to the application by the landlord pursuant to section 898.5 of this Part. determination of just compensation. Such facts relevant to the determination of just compensation. Such facts should include, but need not be limited to, a showing of: §898.3 Notice of installation (a) the location and amount of space occupied by the installation; (a) Every cable television company proposing to install cable television service or (b) the previous use of such space; facilities upon the property of a landlord shall serve upon said landlord or an (c) the value of the applicant’s property before the installation of cable television authorized agent, written notice of intent thereof at least 15 days prior to the facilities and the value of the applicant’s property subsequent to the installation of commencement of such installation. cable television facilities; and (b) The secretary of the commission shall prescribe the procedure for service of (d) The method or methods used to determine such values. The secretary may, such notice, and the form and content of such notice, which shall include, but need upon good cause shown, permit the filing of supplemental information at any time not be limited to: prior to final determination by the commission. (i) the name and address of the cable television company; (ii) the name and address of the landlord; §898.7 Service of Application. (iii) the approximate date of the installation; and A copy of the application filed by the landlord for just compensation shall be served (iv) Itation of section 228 of the Public Service Law and Part 898 of the upon the cable television company making the installation and upon the chief commission’s rules. executive officer of the municipality in which the real property is located. (c) Notice that installation of equipment has been completed may be served at any time on landlords upon whose property cable television service or facilities were §898.8 Responses. placed prior to the effective date of this Part. Responses to the application, if any, shall be served on all parties and on the commission within twenty days from the service of the application. §898.4 Right of Entry. (a) A cable television company shall have the right to enter property of the landlord §898.9 Hearing and determination. for the purpose of making surveys or other investigations preparatory to the (a) If the commission finds that just compensation for the installation of cable installation. Before such entry, the cable television company shall serve notice television facilities as described in the application may be in excess of one dollar it upon the landlord, or an authorized agent which notice shall contain the date of the shall conduct a hearing pursuant to section 216(3) of the Public Service Law. entry and all other information described in section 893.3(b) of this Part. The cable (b) An applicant may, within 20 days from the release date of the commission order television company shall be liable to the landlord for any damages caused by such which sets compensation at one dollar or less, file a written request for a hearing. entry but such damages shall not duplicate damages paid by the cable television Upon timely receipt of such request, the commission shall conduct a hearing company pursuant to section 228(1)(a)(3) of the Public Service Law. pursuant to section 216(3) of the Public Service Law and Chapter I, Subchapter A of this Title. (c) If after the filing of an application, the cable television company and the applicant agree upon the amount of just compensation and the commission approves such amount, the commission shall not be required to conduct a hearing on the issue.

Certificate of Acceptance of Proposed Work

Date: 2/6/2020

Verizon Property ID: 9404899

Property Address: 14 Orchard Street Block: 100298 Lot: 7501

in the City/Town of New York , State of New York

Type of Work: Generally consist of building pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced. Detailed specifications and work requirements are attached

The installation and design plan summarized above will take into account the safety, functioning and appearance of the premises, and will be installed with minimal disruption to tenants and at no cost to the landlord. As required by state law, Verizon will indemnify the landlord for any damage caused by the installation, operation or removal of Verizon’s facilities.

Material changes to the proposed installation and design plan will be presented to the landlord or the landlord’s agent for approval prior to execution.

The undersigned agent of the above-listed property represents that he/she has the requisite authority to execute this certificate on behalf of such property and, by signing this certificate, acknowledges and approves the attached proposed installation and design plan on behalf of such property.

Name: (sign)

Name: (print)

Title:

Date:

Attachments:

Notice of Intention to Install Cable Television Facilities and Service 2. Schematic dated: 11/11/2015 3. Construction Coordination Document Certificate of Acceptance of Proposed Work

Date: 2/6/2020 Verizon Property ID: 9404899 Vz Block #: 743

Property Address: 14 Orchard Street Block: 100298 Lot: 7501

in the City/Town of New York , State of New York Type of Work: Generally consist of placing FiOS fiber optic facilities on or about the property to provide FiOS services to owner’s building and other buildings within the block.

Summary of Verizon FiOS installation plan (All dimensions, quantities, and locations are approximate and Verizon will require periodic access to its facilities in order to conduct installation, maintenance and/or upgrade activities): Cable Attach to : (check all that apply) Building Side Rear Front Pole (existing) Pole (new) Quantity 1

Span from: (check all that apply) Building Side Rear Front Pole (existing) Pole (new)

Diameter 1" Span to: (check all that apply) Building Side Rear Front Pole (existing) Pole (new) Terminal Quantity: 1 Length: Depth: Height: Location: (check all that apply) Building Side Rear Front Pole (existing) Pole (new) Hub Quantity: 1 Length: Depth: Height: Location: (check all that apply) Building Side Rear Front Pole (existing) Pole (new)

Service Wires From terminal to individual residences New Pole Quantity: Height: Diameter: Location: (see attached schematic) Entrance from street

Existing Entrance New Entrance (see attached schematic) Aerial Underground None Required Interior Pathway Required It has been identified that interior pathway work will also be required within the interior of the building. To minimize tenant disruption, Verizon will not initiate this work until residents have indicated that they desire the service

Material changes to the proposed installation and design plan will be presented to the landlord or the landlord’s agent for approval prior to execution.

The undersigned agent of the above-listed property represents that he/she has the requisite authority to execute this Certificate on behalf of such property and, by signing this Certificate, acknowledges and approves the proposed installation and design plan on behalf of such property.

Name: (sign) Attachments:

Name: (print) Notice of Intention to Install Cable Television Facilities and Service Title: 2. Schematic dated: Date:

CODA-Ext/Cross-20110428 F Verizon FiOS Construction Coordination Sheet For 14 Orchard Street (“Building”) ***ALL FIELDS IN RED MUST BE COMPLETED*** Access Procedures during FiOS Network Construction Work Hours: Start: Stop: Monday thru Friday Daily check-in procedures:

Entrance(s) to be used, if not main entrance to Building: Restricted areas of Building:

Procedures for obtaining and using keys for locked areas of Building: Subcontractor(s) approved to do work in the Building on behalf of Verizon:

If requested by property owner and/or property owner’s representative, Verizon employees and all others performing work in the Building on behalf of Verizon will provide standard forms of photo identification:

Access Procedures after FiOS Network is installed Verizon will conduct installations of individual resident’s FiOS in concert with appointments scheduled by the resident. It is expected that resident’s comply with Building rules when scheduling installations. In the case of an emergency or equipment malfunction, Verizon and/or Verizon’s subcontractors will require access to the Building at any time, subject to reasonable security, safety and identification procedures required by owner. Clean Up Procedures Verizon will perform all work in a neat, professional and workmanlike manner, using commercially reasonable and appropriate construction standards. Work areas will be swept or vacuumed if dust or debris is created. Contact Information

Verizon Design Manager: Name: Peter S Rivera Phone: Email: [email protected]

Building On-Site Email: [email protected] Contact: Name: Maria Puiyeechan Phone: 212-925-3988 Environmental Verizon will not use, generate, store, release or dispose of any hazardous materials from, on, under, in, about or within the Building in violation of any environmental law. Garbage/Trash Disposal If a dumpster is required to manage daily construction debris, its location will be coordinated with the owner or their representative. Debris will not be left in hallways or common areas overnight. Grounding Installation of Optical Network Terminals in resident’s apartments requires a three prong grounded outlet. If such outlet is unavailable, owner will replace problematic outlets with a grounded three-prong electrical outlet or will allow residents to replace problematic outlets with a grounded three-prong electrical outlet. Initials Licensing If requested, Verizon and/or Verizon’s subcontractors will provide proofs that the company and/or personnel assigned to the job are licensed to perform work in the Building. Molding Selection Molding Style: Micro Duct Molding Color: Initials

Molding and Other Pathways If Verizon installs conduits, raceways or molding (“Pathways”) in the Building, then the Pathways will be installed at locations and with materials reasonably approved by owner. Upon installation, the Pathways will be deemed Building fixtures and will be owned by owner, subject to Verizon’s right to remove, replace and maintain the Pathways. Unless otherwise specified by law or regulation the fiber optic, copper and coaxial cables and lines and any flexible microducts (“Cabling Equipment”) installed by Verizon within such Pathways will not be Building fixtures and will continue to be owned by Verizon. Owner may not move, disturb, alter or change the Cabling Equipment or connect, directly or indirectly, any telephones, computers, televisions or other devices to the Cabling Equipment. If molding is installed by Verizon (“Verizon’s Molding”), Verizon’s Molding may cover the conduits and raceways containing Verizon’s Cabling Equipment as well as any adjacent conduits and raceways owned by owner or any cable TV or other communications company serving the Building, and owner will have the right to remove, replace and maintain Verizon’s Molding and will also have the right to allow its contractors and any cable TV or other communications company serving the Building to remove, replace and maintain Verizon’s Molding; provided such installation, removal, replacement or maintenance of Verizon’s Molding does not materially adversely affect the operation of Verizon’s facilities. Noise/Other Disruptions Verizon will not unreasonably disrupt other providers of services of all types in the Building or unreasonably interfere with the tenants’ use and enjoyment of their living units or the common areas of the Building or with the operation of the Building. Verizon will not permanently block access to or obstruct or hinder the operation or use of the streets, sidewalks, entrances, garages, parking areas or other common areas of the Building. Any temporary obstructions will be coordinated with owner. Notices Written notices or communications from either party can be given to owner or Verizon at the following addresses: To owner: With a copy to:

To Verizon: Verizon New York Inc. NYC FiOS Real Estate Dept 140 West Street, 11th Floor New York, New York 10007

Parking Verizon employees and all others performing work in the Building on behalf of Verizon will park their vehicles on public streets, unless they receive the express consent of the owner or owner’s representative to park on the private property belonging to owner. Permitting If requested, Verizon and/or Verizon’s subcontractors will provide owner with copies of federal, state and municipal permits, licenses and approvals (if applicable). Potential Damages In the event of damage caused by negligence of Verizon, Verizon will repair such damage and restore the property back to substantially the same condition as existed prior to such damage. Safety Measures Verizon will take all reasonable precautions necessary for the safety of persons and property in and about the Building. Verizon will erect and properly maintain all necessary safety guards and signs as is reasonably required by the conditions and progress of the work so that the public is protected. Storage If owner gives Verizon permission to store materials in the Building, Verizon will coordinate the storage of materials with owner and Verizon will only store materials in areas designated by owner. It is Verizon’s responsibility to ensure that its materials are stored appropriately and securely locked. Approved storage areas:

HIGH LEVEL SURVEY

14 Orchard Street New York, New York 10002

Verizon Contact: KEVIN CONNORS MDU Property ID: 9404899 Building Contact: Maria Puiyeechan - 212- 925-3988

LEGEND: ENGINEERING PROVIDED ADDRESS BY: INTERIOR PENETRATION CONDUIT COLLECTOR RISER LOCATION: 14 Orchard Street New York, New York 10002

CORE PENETRATION EMT CONDUIT FIBER DROP CABLE DRAWING TITLE: Scope of Work PROPOSED RISER STEEL/ALUMINUM MOLDING TERMINAL TAIL PROJECT DATE: DRAWING NO. FDT TERMINAL VERIZON FTTP 11/11/2015 INTERIOR 3M MOLDING ENTRANCE CABLE 30 Washington Street Matawan, New Jersey NO. RFDT TERMINAL DRAWN APPROVED MICRO-DUCT 07747 SCALE RFDT TERMINAL W/ COLLECTOR BY: BY: SHEET 1 OF 5 N.T.S CJA PROJECT SUMMARY

BUILDING INFORMATION PROJECT INFORMATION

NAME: SURVEY DATE: November 11, 2015 14 Orchard Street New York, New York ADDRESS 10002 BDMS: 9404899

YEAR BUILT: 1941 WIRE CENTER: Varick Street

CROSS STREET: Canal Street VERIZON ENGINEER: KEVIN CONNORS NUMBER OF BUILDINGS: 1 ASG ENGINEER: Cory J Anderson NUMBER OF FLOORS: 6

TOTAL NUMBER OF UNITS: 45 Lu’s + 7 Bu’s FDH LOCATION: Basement

FDT/RISER LOCATION: Stairwell SITE CONTACT: FIBER DROP LOCATION: Hallway MANAGEMENT COMPANY: Maria Puiyeechan - 212-925-3988 CATV LOCATION Hallway

OWNER TYPE: Apartments

EXTERIOR MATERIAL: Brick

INTERNAL MATERIAL: Concrete GROUNDED APTS 2A, 3A, 3B, 4B, 4C P.O.E. TYPE: Conduit

LEGEND: ENGINEERING PROVIDED ADDRESS BY: LOCATION: INTERIOR PENETRATION CONDUIT COLLECTOR RISER 14 Orchard Street New York, New York 10002

CORE PENETRATION EMT CONDUIT FIBER DROP CABLE DRAWING TITLE: Project Summary PROPOSED RISER STEEL/ALUMINUM MOLDING TERMINAL TAIL DATE: DRAWING NO. FDT TERMINAL PROJECT NO. VERIZON FTTP 11/11/2015 INTERIOR 3M MOLDING ENTRANCE CABLE 30 Washington Street Matawan, New Jersey RFDT TERMINAL SCALE DRAWN APPROVED MICRO-DUCT 07747 RFDT TERMINAL W/ COLLECTOR N.T.S BY: BY: SHEET 2 OF 5 CJA Building Schematic Access box size to be placed on floor shown.

Total – 52 Units

18" x 14" 9 Lu’s Floor 6 24 Terminal Box

18" x 14" 9 Lu’s 24 Floor 5 Terminal Box

12" x 12" Floor 4 9 Lu’s PB Access Box

16" x 20" Floor 3 72 9 Lu’s Collector Box

12" x 12" Floor 2 9 Lu’s PB Access Box

Floor 1 7 Bu’s New fiber cable to be brought in through existing conduit.

Basement FDH 12

Service 1st floor units via microduct FDH / FDT placed in basement. Possible feed to next building. Place fiber cables in 2" EMT pipe. from basement. FDT placed for future use.

LEGEND: ENGINEERING PROVIDED ADDRESS BY: INTERIOR PENETRATION CONDUIT COLLECTOR RISER LOCATION: 14 Orchard Street New York, New York 10002

CORE PENETRATION EMT CONDUIT FIBER DROP CABLE DRAWING TITLE: Building Schematic PROPOSED RISER STEEL/ALUMINUM MOLDING TERMINAL TAIL

FDT TERMINAL PROJECT DATE: DRAWING NO. INTERIOR 3M MOLDING ENTRANCE CABLE 30 Washington Street Matawan, New Jersey NO. VERIZON FTTP 11/11/2015 RFDT TERMINAL 07747 DRAWN APPROVED MICRO-DUCT SCALE SHEET 3 OF 5 RFDT TERMINAL W/ COLLECTOR N.T.S BY: BY: CJA Basement Floor Plan Orchard Street

Electrical Meters Place fiber cables in 2" EMT pipe. New fiber cable to be brought in FDH / FDT location in through existing conduit. basement. Laundry Room

FDH 12 Boiler 45' Room

15' Place EMT pipe above drops

Canal Street Canal Riser location. ceiling in basement.

12'

Compactor Room Possible feed to neighboring

N building.

LEGEND: ENGINEERING PROVIDED ADDRESS BY: LOCATION: INTERIOR PENETRATION CONDUIT COLLECTOR RISER 14 Orchard Street New York, New York 10002

CORE PENETRATION EMT CONDUIT FIBER DROP CABLE DRAWING TITLE: Basement Floor Plan PROPOSED RISER STEEL/ALUMINUM MOLDING TERMINAL TAIL DATE: DRAWING NO. FDT TERMINAL PROJECT NO. VERIZON FTTP INTERIOR 3M MOLDING ENTRANCE CABLE 30 Washington Street Matawan, New Jersey 11/11/2015 RFDT TERMINAL 07747 DRAWN APPROVED MICRO-DUCT SCALE RFDT TERMINAL W/ COLLECTOR N.T.S BY: BY: SHEET 4 OF 5 CJA Floor 2 - 6 Typical Plan

APT C

Access box & riser location. Place microduct above drop ceiling APT in hallways. B

APT 45' H

APT APT APT D E A 22' Stair A PB

Stair B

Place microduct in 1" EMT pipe in Install access panels above doorway stairwell. of units.

APT APT F G APT I

LEGEND: ENGINEERING PROVIDED ADDRESS BY: LOCATION: INTERIOR PENETRATION CONDUIT COLLECTOR RISER 14 Orchard Street New York, New York 10002

CORE PENETRATION EMT CONDUIT FIBER DROP CABLE DRAWING TITLE: Floor 2 - 6 PROPOSED RISER STEEL/ALUMINUM MOLDING TERMINAL TAIL DATE: DRAWING NO. FDT TERMINAL PROJECT NO. INTERIOR 3M MOLDING ENTRANCE CABLE 30 Washington Street Matawan, New Jersey VERIZON FTTP 11/11/2015 RFDT TERMINAL 07747 SCALE DRAWN APPROVED MICRO-DUCT RFDT TERMINAL W/ COLLECTOR N.T.S BY: BY: SHEET 5 OF 5 CJA

EXHIBIT 2

Alyson M. Seigal Area Manager FiOS Franchise Assurance – New York City

140 West Street New York, NY 10007 Phone: (888) 364- 3467 [email protected]

January 7, 2016

VIA CERTIFIED MAIL AND FIRST CLASS MAIL

Property ID: 9404899-1 Bethal Management Incorporated 7 Chatham Square, Suite 608 New York, NY 10038-1000 Attn: Veronica Wong

RE: Notice of Intention to Inspect, Survey and Install/Upgrade Cable Television Facilities and Service at: 14 Orchard, New York NY

Dear Property Owner/ Manager:

I have been advised by Verizon New York lnc.'s ("Verizon") NYC FiOS Real Estate Department of Verizon’s unsuccessful attempts to either inspect, survey and/or install FiOS facilities at 14 Orchard, New York NY ("Property"). Our records indicate that you have not responded to our previous correspondence or that you have denied Verizon access to the Property. The purpose of this letter is to restate and explain our need to gain access to your Property.

By way of background, Verizon is attempting to gain access to your Property because we have received a request for FiOS service(s) from a tenant(s) in your building and/or a resident(s) on your block, and our access to your Property is necessary to provide cable television services to those tenants and/or residents. We are very excited about the opportunity to provide world-class voice, data and video services to you and the area residents using a fiber based network to deliver these services at unprecedented speeds and capacities. Your cooperation in allowing Verizon access to your Property will enable your tenants and/or other residents on your block to receive the services they want in a timely manner.

Please be advised that under Section 228 of the New York Public Service Law and Part 898, Title 16 of the New York Codes, Rules and Regulations ("NYCRR"), Verizon has the right to install cable television facilities upon the Property. Loretto v. Teleprompter Manhattan CATV Corp., 53 N.Y. 2d 124 (1981). In addition , Verizon's Cable Franchise Agreement with the City of New York requires Verizon to provide cable television service to residents in its franchise area who request it, and Verizon has a limited timeframe in which to do so. Verizon's compliance with these franchise requirements may be compromised by the delay we are experiencing in trying to gain access to and install cable television facilities at your Property.

Verizon’s proposed installation will protect the safety, functioning and appearance of the premises, and Verizon will bear the cost of the installation of its cable television facilities. Verizon will also indemnify the landlord for damage caused by the installation of Verizon’s facilities. Verizon’s policy is to work with you to arrange convenient dates for access and to reach agreement on engineering plans / designs for the Property. Please contact Verizon’s NYC FiOS Real Estate Cover-Ltr2-20150526F 1 USPS Tracking No. : 92071969009997901714889750 Department at (888) 364-3467 within two weeks of receipt of this letter so that we may move forward with the process of bringing FiOS to your Property and/or other properties on your block.

If you believe that Verizon’s installation of cable television facilities constitutes an undue “taking” of your Property, you may file a petition for “just compensation” with the New York State Public Service Commission under the procedures set forth in Section 228 of the New York Public Service Law and Part 898, Title 16 of the NYCRR. Please note, however, that the filing of such a petition does not delay Verizon’s right to access your Property. The complete text of Section 228 may be found on the enclosed copy of the notice of Verizon’s intention to survey/install/upgrade cable television facilities and service.

If we do not hear from you within two weeks as mentioned above, Verizon’s Legal Department may be forced to file a Petition for Order of Entry to the New York State Public Service Commission, after which you will be afforded, per 16 NYCRR 898.4(b)(9), twenty days to answer the Petition and set forth any additional matter not contained in the Petition. The Petition will seek an order granting Verizon the right to survey for and/or install/upgrade cable television facilities and service at your Property. If you have specific legal questions about Verizon’s rights under New York law or Verizon’s Cable Franchise Agreement, we recommend that you engage an attorney. You may also contact Michael Morano, Assistant General Counsel for Verizon’s National Operations, at (908) 559-3332 to discuss legal issues or questions, but please be advised that he represents Verizon and cannot provide you with legal advice.

Your cooperation in this matter would be greatly appreciated. We look forward to hearing from you.

Sincerely,

Alyson Seigal Manager, FiOS Franchise Assurance – New York City

______

Cover-Ltr2-20150526F 2 USPS Tracking No. : 92071969009997901714889750

NOTICE OF INTENTION

TO INSTALL/UPGRADE CABLE TELEVISION FACILITIES AND SERVICE

PURSUANT to Public Service Law §228 and 16 NYCRR Part 898, Verizon New York Inc. intends to install/upgrade cable television facilities and service upon your property at 14 Orchard, New York NY. Verizon New York Inc. would like to perform this installation/upgrade on or after January 26, 2016. In the event of any damage to your property, Verizon New York Inc. will be responsible. More specifically, Verizon New York Inc.’s installation/upgrade plan involves the following:

Generally consist of building pathway from street to building and/or building to building basement(s), core drilling and placing vertical pathway, fiber hubs, terminals, and installing a horizontal molding or flexible duct system as required. Within these pathways fiber optic cable will be placed and spliced. Work will be performed in accordance with the Certificate of Acceptance of Proposed Work.

Verizon New York Inc.’s installation/upgrade should conform with the safety, functioning and appearance of the building in accord with the requirements of the New York State Public Service Commission law and regulations. Should you have any questions regarding this Notice, please contact the NYC Verizon FiOS Real Estate Department at 888-364-3467 or [email protected].

The installation/upgrade of cable television service will likely enhance the value of your property, and there will be no charge to you for such installation/upgrade. If you believe the value of your property is not enhanced, you may attempt to seek compensation according to the procedures established by the New York State Public Service Commission as delineated on the reverse side of this Notice.

This Notice may be served, among other ways, by certified mail return receipt requested. If you have any questions regarding the New York State Public Service Commission’s rules or regulations, you may write or call Verizon New York Inc.’s representative, or write or call the Secretary to the New York State Public Service Commission at [email protected] or #3 Empire State Plaza, Albany, NY 12223-1350, Tel. No. (518) 474-6530.

THE LANDLORD’S RIGHT TO INITIATE A COMPENSATION PROCEEDING WILL EXPIRE FOUR (4) MONTHS FROM THE SERVICE OF THIS NOTICE OR FROM THE DATE OF INSTALLATION, WHICHEVER IS LATER.

DATED: ______January 7, 2016 _____

Cover-Ltr2-20150526F 3 USPS Tracking No. : 92071969009997901714889750

PUBLIC SERVICE LAW (b) where the installation of cable television service or facilities is not effected §228. Landlord-tenant relationship pursuant to a notice served in accordance with section 898.3 of this Part, the cable television company may file with the commission a petition verified by an 1. No landlord shall (a) interfere with the installation of cable television authorized officer of the cable television company setting forth: facilities upon his property or premises, except that a landlord may require: (1) that the installation of cable television facilities conform to such (1) proof of service of a notice of intent to install cable television service upon the reasonable conditions are necessary to protect the safety, functioning and landlord; appearance of the premises, and the convenience and well being of other (2) the specific location of the real property; tenants; (3) the resident address of the landlord, if known; (2) that the cable television company or the tenant or a combination thereof (4) a description of the facilities and equipment to be installed upon the property, bear the entire cost of the installation, operation or removal of such facilities; including the type and method of installation, the anticipated costs thereof, and and the measures to be taken to minimize the aesthetic impact of the installation; (3) that the cable television company agree to indemnify the landlord for (5) the name of the individual or officer responsible for the actual installation; any damage caused by the installation, operation or removal of such facilities. (6) a statement that the cable television company shall indemnify the landlord for any damage caused in connection with the installation, including proof of (b) demand or accept payment from any tenant, in any form, in exchange for insurance or other evidence of ability to indemnify the landlord; permitting cable television service on or within his property or premises, or (7) a statement that the installation shall be conducted without prejudice to the from any cable television company in exchange therefore in excess of any rights of the landlord to just compensation in accordance with section 898.2 of this amount which the Commission shall, by regulation, determine to be Part; reasonable; or (8) a summary of efforts by the cable television company to effect entry of the property for installation; and (c) Discriminate in rental charges or otherwise, between tenants who receive (9) a statement that the landlord is afforded the opportunity to answer the petition cable television service and those who do not. within 20 days from the receipt thereof which answer must be responsive to the petition and may set forth any additional matter not contained in the petition. 2. Rental agreements and leases executed prior to January first, nineteen Participation by the landlord is not mandatory, however, if no appearance by the hundred seventy-three may be enforced notwithstanding this section. landlord is made in the proceeding or no answer filed within the time permitted, the commission may grant to the petitioning cable television company an order of 3. No cable television company may enter into any agreement with the entry which order shall constitute a ruling that the petitioning cable television owners, lessees or persons controlling or managing buildings served by a company has complied with requirements of section 228 of the Public Service cable television company, or do or permit any act, that would have the effect, Law and the regulations contained in this Part. If the landlord files a written directly or indirectly of diminishing or interfering with existing rights of any answer to the petition, the cable television company shall have 10 days within tenant or other occupant of such building to use or avail himself of master or which to reply to said answer. The commission may grant or deny the petition, individual antenna equipment. schedule an administrative hearing on any factual issues presented thereby or direct such other procedures as may be consistent with the installation of cable television service or facilities in accordance with Section 228 of the Public Service NEW YORK CODES RULES AND REGULATIONS – PART 898 – Law. LANDLORD-TENANT RELATIONSHIP (Statutory authority: Public Service Law §228(1) §898.5 Application for just compensation A landlord may file with the commission an application for just compensation §898.1 Prohibition within four months following the service by the cable television company of the Except as provided in section 898.2 of this Part, no landlord shall demand or notice described in section 898.3 of this Part or within four months following the accept any payment from any cable television company in exchange for completion of the installation of the cable television facilities, whichever is later. permitting cable television service or facilities on or within said landlord’s property or premises. §898.6 Contents of application for just compensation An application for just compensation shall set forth specific facts relevant to the §898.2 Just Compensation determination of just compensation. Such facts relevant to the determination of Every landlord shall be entitled to the payment of just compensation for just compensation. Such facts should include, but need not be limited to, a property taken by a cable television company for the installation of cable showing of: television service or facilities. The amount of just compensation shall be (a) the location and amount of space occupied by the installation; determined by the commission in accordance with section 228 (1)(b) of the (b) the previous use of such space; Public Service Law upon application by the landlord pursuant to section 898.5 (c) the value of the applicant’s property before the installation of cable television of this Part. facilities and the value of the applicant’s property subsequent to the installation of cable television facilities; and §898.3 Notice of installation (d) the method or methods used to determine such values. The secretary may, (a) Every cable television company proposing to install cable television upon good cause shown, permit the filing of supplemental information at any time service or facilities upon the property of a landlord shall serve upon said prior to final determination by the commission. landlord or an authorized agent, written notice of intent thereof at least 15 days prior to the commencement of such installation. §898.7 Service of Application (b) The secretary of the commission shall prescribe the procedure for service A copy of the application filed by the landlord for just compensation shall be of such notice, and the form and content of such notice, which shall include, served upon the cable television company making the installation and upon the but need not be limited to: chief executive officer of the municipality in which the real property is located. (i) the name and address of the cable television company; (ii) the name and address of the landlord; §898.8 Responses (iii) the approximate date of the installation; and Responses to the application, if any, shall be served on all parties and on the (iv) a citation of section 228 of the Public Service Law and Part 898 of the commission within twenty days from the service of the application. commission’s rules. (c) Notice that installation of equipment has been completed may be served at §898.9 Hearing and determination any time on landlords upon whose property cable television service or (a) If the commission finds that just compensation for the installation of cable facilities were placed prior to the effective date of this Part. television facilities as described in the application may be in excess of one dollar it shall conduct a hearing pursuant to section 216(3) of the Public Service Law. §898.4 Right of Entry (b) An applicant may, within 20 days from the release date of the commission (a) A cable television company shall have the right to enter property of the order which sets compensation at one dollar or less, file a written request for a landlord for the purpose of making surveys or other investigations preparatory hearing. Upon timely receipt of such request, the commission shall conduct a to the installation. Before such entry, the cable television company shall serve hearing pursuant to section 216(3) of the Public Service Law and Chapter I, notice upon the landlord, or an authorized agent which notice shall contain the Subchapter A of this Title. date of entry and all other information described in section 893.3(b) of this (c) If after the filing of an application, the cable television company and the Part. The cable television company shall be liable to the landlord for any applicant agree upon the amount of just compensation and the commission damages caused by such entry but such damages shall not duplicate approves such amount, the commission shall not be required to conduct a hearing damages paid by the cable television company pursuant to section on the issue. 228(1)(a)(3) of the Public Service Law.

Cover-Ltr2-20150526F 4 USPS Tracking No. : 92071969009997901714889750