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APPROVED Project Summary
DATE 08/22/22 obile Proposed Collocation at Existing Wireless Telecommunications Facility
FILEKNIBER:^- D-D161 L03609A — 6300 N Meridian Road, Meridian, ID 83646; APN: S0530223300
Project Description
This project is an "Eligible Facilities Request" to review the proposed modifications of the above
referenced wireless facility and to determine that the proposal conforms to Section 6409(a) of the
Middle -Class Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. § 1455(a)
("Section 6409(a)"). Generally, Section 6409(a) requires that local governments "may not deny,
and shall approve," certain requests to collocate with or modify an existing wireless tower or
base station so long as that request will not "substantially change the physical dimensions."
The facility is located at 6300 N Meridian Road, Meridian, ID 83646; APN: 50530223300, and
consists of an existing 100' Concealment tower located within an existing enclosed equipment
compound.
THE PROPOSED PROJECT INCLUDES INSTALLING EQUIPMENT CABINETS IN A
PROPOSED EQUIPMENT SHELTER INSIDE A 15' X 10' GROUND SPACE WITHIN THE
EXISTING COMPOUND AND INSTALLING NEW EQUIPMENT AND MOUNTS ON THE
EXISTING TOWER.
Project Purpose
The purpose of this project is to upgrade the existing facility with the latest technology in
wireless broadband. This faster network and increased bandwidth will allow for faster
broadband connection speeds for local consumers such as public works, emergency responders,
local businesses, residents, and visitors of the City of Meridian.
Justification Statement
This section will describe how the proposed use is substantially compatible with uses permitted
in the same general area, how the proposed use would not be materially detrimental to other
properties within the same area, and how the proposed installation will be compliant with federal
regulations concerning the modification of existing facilities.
The proposed modifications to the existing facility are compatible with uses permitted in the
same general area. This can be evidenced by the fact that as this proposal is for a modification to
an already permitted wireless communication facility, this use has already been approved and
established at this location and would not be materially detrimental to other properties within the
same area.
Section 6409 of the Middle -Class Tax Relief and Job Creation Act of 2012, which was signed
into law February 22, 2012, mandates that state and local governments provide a
nondiscretionary approval of an eligible facilities request for the modification of an existing
(E IDS IAN,4-
APPROVED tower or base station that does not substantially change the physical dimensions of such
uATL 08/22/22 base station. The FCC defines substantial change as the mounting of a proposed
ERE NLWBER:^-�Dzz 161 hat would increase the existing height of the tower by more than 10%. T-Mobile's
IF" wFw modifications fall within the scope of this statute. For further clarification on Section
6409 of the Middle -Class Tax Relief and Job Creation Act of 2012, please review the attached
explanatory document included with this submittal, which includes links to all necessary
materials.
Conclusion
As evidenced by the text above and the supporting documents provided as part of this
application, the proposed modifications are in compliance with the existing approvals for this
facility, Federal regulations concerning the modification of an existing wireless communication
facility, and FCC Rules and Regulations concerning RF Emissions.
I would like to thank you for your time and efforts in reviewing this application and look forward
to any feedback you may have.
Sincerely,
Rachel Bruin I The Derna Group
On behalf of T-Mobile and American Tower
22431 Antonio Parkway
Suite B160-234
Rancho Santa Margarita, CA 92688
Email: rbruin@dernagrp.com
Phone: (805) 215-9444
(E IDIAN —
APPROVED
DATE: 08/22/22
mlined Wireless Facilities Deployment:
Regulation in the Middle Class Tax Relief and Job Creation Act of 2012
FILE NUMBER: 20220- he Middle Class Tax Relief and Job Creation Act of 2012 mandates that state and local governments
must approve an eligible facilities request for the modification of an existing wireless tower or base station that does not
substantially change the physical dimensions of such tower or base station. The Act was signed into law February 22,
2012. The section mandating streamlined modification and collocation approval ensures the timely deployment of
wireless services.
Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012'
(a) Facility Modification.—
(1) In general. —Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104-104) or any
other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request
for a modification of an existing wireless tower or base station that does not substantially change the physical
dimensions of such tower or base station.
(2) Eligible facilities request. —For purposes this subsection, the term "eligible facilities request" means any request
for modification of an existing wireless tower or base station that involves —
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(3) Applicability of environmental laws. —nothing in paragraph (1) shall be construed to relieve the Commission from
the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969.
The Act applies to eligible facilities requests for modification of existing wireless towers and base stations:
The Act defines "eligible facilities request' as any request for modification of an existing wireless tower or base
station that involves:
— Collocation of new transmission equipment;
— Removal of transmission equipment; or
— Replacement of transmission equipment.
The Federal Communications Commission ("FCC') defines "collocation" as "the mounting or installation of an
antenna on an existing tower, building or structure for the purpose of transmitting and/or receiving radio frequency
signals for communications purposes.""
The FCC defines a "substantial change" as:
— The mounting of a proposed antenna on the tower that would increase the existing height of the tower by more
than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna
not to exceed twenty feet, whichever is greater, except that the mounting of the proposed antenna may exceed
the size limits set forth in this paragraph if necessary to avoid interference with existing antennas; or
— The mounting of a proposed antenna that would involve adding an appurtenance to the body of the tower that
would protrude from the edge of the tower more than twenty feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater, except that the mounting of the proposed
antenna may exceed the size limits set forth in this paragraph if necessary to shelter the antenna from inclement
weather or to connect the antenna to the tower via cable."'
The FCC defines a "tower" as "any structure built for the sole or primary purpose of supporting FCC -licensed
antennas and their associated facilities."'"
The federal regulations define a "base station" as "[a] station at a specified site authorized to communicate with
mobile stations;" or "[a] land station in the land mobile service.
For more information, please contact PCIA's Government Affairs Department: advocacy@pcia.com
PCIA
(E IDIA\
APPROVED
DATE: 08/22/22
Federal Regulation of Wireless Siting
n the Middle Class Tax Relief and Job Creation Act of 2012, cont.
approval for all eligible facilities requests that do not substantially change the physical
-h tower or base station and:
Applies despite section 704 of the Telecommunications Act of 1996, which preserves the authority of a state or local
government or instrumentality thereof over decisions regarding the placement, construction, and modification of
personal wireless service facilities;'
Preempts zoning review and conditional approvals of eligible facilities requests;"
Requires eligible facilities requests only be subject to administrative review processes and not discretionary review
processes that allow a state or local government to deny or condition an eligible facilities request.
Requires that eligible facilities requests for the modification of legal, non -conforming towers must be approved.
The FCC's Wireless Facility Siting "Shot Clock" applies to eligible facilities request for collocation:
State and local governments have 90 days to act on an application to collocate wireless facilities on existing
structures.
Under the Act, state and local governments must approve within 60 days any eligible facilities requests for
collocation or replacement of transmission equipment on existing towers that do not substantially change the
physical dimensions of such tower.
For the full text of the Act and its legislative history, see Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96,
§6409 (2012), available at http://www.gpo.gov/fdsys/pkg/BILLS-112hr3630enr/pdf/BILLS-112hr3630enr.pdf; see also H.R. Rep. No.
112-399 at 132-33 (2012) (Conf. Rep.), available at http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt399/pdf/CRPT-112hrpt399.pdf.
" Nationwide Programmatic Agreement for the Collocation of Wireless Antennas (2001), 47 C.F.R. Part I, Appendix B, available at
http://wireless.fcc.gov/releases/da010691a.pdf ("Collocation Agreement"); see also Petition for Declaratory Ruling To Clarify
Provisions of Section 332(C)(7)(B) To Ensure Timely Siting Review and To Preempt Under Section 253 State and Local Ordinances That
Classify All Wireless Siting Proposals as Requiring a Variance, Declaratory Ruling, 24 FCC Rcd 13994, 140211171 (2009) ("Shot Clock
Ruling"), recon. denied, 25 FCC Rcd 11157 (2010), aff'd, City of Arlington, Tex., et al. v. FCC, 2012 U.S. App. LEXIS 1252 (5th Cir. 2012),
available at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-99A1_Rcd.pdf; see also Wireless Telecommunications
Bureau & Mass Media Bureau Announce the Release of a Fact sheet Regarding the March 16, 2001 Antenna Collocation
Programmatic Agreement, Public Notice, 17 FCC Rcd 508 (2002), available at
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-28A1.pdf .
"' Collocation Agreement.
'" Id.
v See, e.g., 47 C.F.R. §§24.5, 90.7.
V' 47 U.S.C. §332(c)( 7)(A). The Telecommunications Act of 1996 defines "personal wireless service facilities" as facilities for the
provision of personal wireless services, including commercial mobile services, unlicensed wireless services, and common carrier
wireless exchange access services. 47 U.S.C. §332(c)(7)(C).
V" See 158 CONG. REC. E237-239 (daily ed. Feb. 24, 2012) (statement of Rep. Upton), available at
http://www.gpo.gov/fdsys/pkg/CREC-2012-02-24/pdf/CREC-2012-02-24-pt1-PgE237-5.pdf. Zoning review and/or conditional
approvals of eligible facilities request can have the effect of denying such requests as a conditional approval is not an approval per
se; therefore it is a denial and a violation of the Act.
"' Shot Clock Ruling.
For more information, please contact PCIA's Government Affairs Department: advocacy@pcia.com
PCIA
Updated 4/20/2012