N.Y. Comp. Codes R. & Regs. tit. 16, § 21.4 – Certification of radio-telephone utilities.

(a) The commission shall grant a certificate of public convenience and necessity for the operation of a radio-telephone utility to any applicant:
1. (1) who shows that its certification:
  1. (i) would provide an entirely new service to the area to be served; or
  2. (ii) would enhance competition in the area to be served; and
2. (2) who either:
  1. (i) has obtained an allocation of frequency from the proper Federal authority; or
  2. (ii) has applied for an allocation of frequency from the proper Federal authority.
(b) The hearing provided for in section 99 of the Public Service Law will, unless otherwise ordered, be conducted before the commission on the application, exhibits or other information submitted by the applicant. The applicant will be required to publish notice of the application for a certificate and relevant public comments on it will be accepted during the 21-day period thereafter.
(c) The application shall contain the following information:
1. (1) Description and population of the territory within which it proposes to exercise authority granted by the franchise or consent to begin construction, including the names of all cities, towns and villages; also the dates when construction will begin and service will be provided.
2. (2) General description of the plant and system to be constructed.