§ 59E-05 Licensing – Specific Requirements.
RCNY § 59
(a)Approval for New License. The Commission will not issue an Interior Advertising Provider License to any Applicant unless the Commission approves the tablet and software proposed for in-vehicle use by the Applicant. In determining whether to approve the Applicant, the Commission will consider, in its sole discretion, whether the documentation required to be submitted by the Applicant pursuant to subdivision (b) of this section adequately demonstrates that the Applicant's Interior Advertising System complies with all of the requirements set forth in 35 RCNY § 59E-22.
(b)Documentation for Interior Advertising System Approval. The Applicant must submit with its License application the following documentation for tablets and software for which Commission approval is sought.
(1)A procedures manual/user guide that describes the features and operations of the Interior Advertising System.
(2)Demonstration Models. (A) One working demonstration model of the Electronic Tablet and Software, inclusive of all components required for complete functionality of the Interior Advertising System. (B) A second demonstration model installed in a vehicle for demonstration purposes and to allow approval by the Commission of the installation method and location of the Interior Advertising System. In its decision to approve the location and installation of the Interior Advertising System, the TLC will consider the safety of the Passenger, Passenger ergonomics, the impact of modifications on the proper functioning of the vehicle or other required equipment, and any comments provided by Interior Advertising Providers and industry, passenger, or safety organizations.
(3)Interior Advertising System Training. Applicants must provide to the personnel of the Commission or its designee, at no cost to the Commission, training sessions on the functionality of the Interior Advertising System.
(4)Information Security and Use of Identifying Information Policy. The Applicant must submit with its License application an information security and use of Identifying Information policy that includes, at a minimum, the following information: (A) a statement of internal access policies relating to Identifying Information for employees, contractors, and third parties, if applicable. Such internal access policy must be limited only to those employees, contractors, or third parties who have a business need to access Identifying Information; Applicant must annually review and update internal access policies, or more frequently as required by the Commission. Such internal access policies must be made publicly available; (B) compliance with Information Security and Use of Personal Information Policy. The Interior Advertising Provider licensee or Applicant must comply with the terms of its Information Security and Use of Personal Information Policy; (C) procedures for notifying the Commission and affected parties of any breach of the security of the system, pursuant to section 899-aa of the General Business Law; (D) a statement of the Applicant's policies regarding the use of passenger geolocation and Identifying Information, which must include, at a minimum, a prohibition on the use, monitoring, or disclosure of trip information, including the date, time, pick-up location, drop-off location, and real-time vehicle location; and (E) a statement of the Applicant's policies regarding the use of any non-prohibited passenger information (e.g. generalized trip data, such as the borough in which a ride begins and ends, or non-precise geolocation data within a radius of approximately 3,600 feet, pursuant to the National Advertising Institute).
(c)Modification of Interior Advertising System. The Interior Advertising Provider must submit an application for approval of any material modification of the Interior Advertising System, including all documentation required by subdivision (b) of this section. This includes any modification to the Interior Advertising System after the Commission has issued a License for such Interior Advertiser that would materially alter the functionality, performance characteristics, security measures, or technical environment of the Interior Advertising System, and modifications of interfaces to other systems licensed by the Commission.
(d)Interior Advertising System Approval Upon Renewal. If upon renewal of the Interior Advertising Provider License: (1) the Interior Advertising Provider seeks approval of a modification of the Interior Advertising System, the Interior Advertising Provider must meet all of the requirements applicable to a modification of the Interior Advertising System pursuant to subdivision (c) of this section; or (2) the Interior Advertising Provider does not seek approval of a modification of the Interior Advertising System and there has been no modification of the Interior Advertising System since the prior Commission approval of the Interior Advertising Provider or prior Commission approval of a modification of the Interior Advertising System, the Interior Advertising Provider must submit to the Commission a certification to that effect.
(e)If the Approved Tablets and/or Approved Software is not functioning properly, the Interior Advertising Provider must cease its operations with respect to such Approved Tablets until such time as the Approved Tablets and/or Approved Software are functioning properly.
(f)Required Insurance. After submission of an application for a new Interior Advertising Provider License, an Applicant must provide to the Commission proof of the insurance required in this subdivision when the Commission requests it. Upon submission of an application to renew an Interior Advertising Provider License, the Interior Advertising Provider Licensee must provide to the Commission proof of the insurance required in this subdivision.
