Pubdate: Thu, 26 Jun 2003
Source: Kentucky Post (KY)
Copyright: 2003 Kentucky Post
Contact:  http://www.kypost.com/
Details: http://www.mapinc.org/media/661
Author: Mike Rutledge

'DRUG' PHONES MAY BE YANKED

Covington has banned most outdoor pay phones in residential areas, and if
the phones' owners don't remove them, the city soon will confiscate them. It
was the second ordinance passed recently by the City Commission to curb the
number of pay telephones. Police and residents disdainfully refer to some of
them as "drug phones" because of the perception that drug dealers and
prostitutes use them for crime.

The city in April banned all pay phones in or near the city's right-of-way,
such as over sidewalks, except those of Cincinnati Bell, which holds a
franchise agreement with the city.

The ordinance commissioners approved Tuesday with a 5-0 vote bans all pay
phones in residential areas. In some areas, pay phones have been installed
in front yards, set back from the city sidewalks.

"The new ordinance makes it a public nuisance, subject to fines, in any
residential-zoned area or properties used as residential," said City
Attorney Jay Fossett. Fines for violating the ordinance range from $100 to
$500 per day, he said.

Officials are discussing declaring other nuisances:

*  The posting of fliers on utility poles, which also are in the city's
right-of-way.

*  Soda machines and other product dispensers on city sidewalks.

Commissioners also are considering limiting the numbers of newspaper racks
for aesthetic reasons.

Attorney Chris Mehling, representing Hart Communications, which operated
many of the pay phones that are subject to the new laws, said the company
disagreed with Tuesday's legislation.

On the one hand, the city has declared outdoor pay phones in residential
areas a nuisance, he said. "But, if you put it in the right-of-way and pay a
fee, it's OK."

"We're taking a look at a legal challenge on that," Mehling added. "We would
never sue them for damages or anything. We would be simply asking the court
to issue a legal decision."

The city has identified several companies, including Hart, that have
installed unauthorized pay phones. Other companies have not appeared at city
meetings to discuss their phones.

Fossett noted Hart has removed most of its phones that violated the city's
first ordinance. Other companies have kept operating theirs, he said.

Mehling said believes Hart has removed all phones that violate the city's
earlier ban, but if Covington believes any others remain, "we'll immediately
go out and double check."

"Long-term, we want to build a relationship" with Covington and win a
franchise agreement with the city, he said.

"We'll offer better service at a lower rate" than Cincinnati Bell, he said.

The city soon will survey all the phones and will send letters to companies
demanding their removal.

"I want to give them 10 days," Fossett said. If they are not removed in that
period, the city will impound the phones and charge companies for their
storage.

"This has been a huge pet peeve since Day 1," said Commissioner Alex
Edmondson, who had urged the city to take steps against the phones.
- ---
MAP posted-by: Doc-Hawk