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ACHD TransmittalPlanning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name:. _______________________________ _ File number (s): ___________________________ _ Assigned Planner: ----------�Related files: _____________ _ Type of Review Requested (check all that apply) 0 Accessory Use (check only 1) 0 Daycare 0 Home Occupation 0 Home Occupation/Instruction for 7 or more 0 Administrative Design Review 0 Alternative Compliance 0 Annexation and Zorung Of Certificate of Zoning Compliance 0 City Council Review 0 Comprehensive Plan Map Amendment 0 Comprehensive Plan Text Amendment 0 Conditional Use Permit 0 Conditional Use Modification (check only 1) 0 Director 0 Commission 0 Development Agreement Modification 0 Final Plat Applicant Information 0 Final Plat Modification 0 Landscape Plan Modification 0 Preliminary Plat 0 Private Street 0 Property Boundary Adjustment 0 Rezone 0 Short Plat 0 Time Extension ( check only 1) 0 Director 0 Commission D UDC Text Amendment 0 Vacation (check only 1) 0 Director 0 Commission 0 Variance 0 Other ______________ _ Applicant name: _A_T_;_&_T _____________________ _ Phone: (720) 480-6429 Email: Bj739h@att.com Applicant address: 161 Inverness Drive W, 2nd Floor City: Engle w ood State: CO Zip: --'8:....:0c...c1..c..1=2 ___ _ Applicant's interest in property: 0 Own [l Rent O Optioned O Other------------­ Owner name: ROMAN CATHOLIC DIOCESE OF BOISE Owner address: 6180 N MERIDIAN RD City: MERIDIAN Phone:------- Email:------------ State: ID Zip: _ __,,8'"""3.,.,_64.,_,6'----- Agent/Contact name ( e.g., architect, engineer, developer, representative): __.;:;C...ca.c...rr"'-ie�A.c..n;.;...nc...:P_o::..w:..:...=..el:..:...1 ______ _ Firm name: Smartlink Phone: (480) 773-9447 Agent address: 7 457 Woodgreen Road City: West Jordan Primary contact is: 0 Applicant O Owner ul Agent/Contact Subject Property Information Email: carrieann.po w ell@smartlinkllc.com State: UT Zip: _8_4_0_84 ____ _ Township, range, section: _4-'-'-'N'-'-1 -=E=3-"'0 ___ _ Location/street address: 6300 N MERIDIAN RD Assessor's parcel number(s): $0530223300 Total acreage: 10.37 Zoning district: __ _ Community Development• Planning Division• 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity .org/planning -1 Rev:(212/2018) AT&T NEC Chinden & Meridian A-2020-0044Bill Parsons ________________________________________________________________________________________________ www.wirelesspolicy.com liz.walker@wirelesspolicy.com m 303.264.7455 December 16, 2019 Mr. Bill Parsons Planning Supervisor City of Meridian 33 East Broadway Ave, Ste 102 Meridian, ID 83642 VIA FEDERAL EXPRESS AND EMAIL RE: Request for Collocation on Existing Wireless Facility Section 6409 / 47 C.F.R. § 1.6100 (“6409”) Site Address: 6300 North Meridian Road, Meridian, Idaho 83646 Dear Mr. Parsons: On behalf of AT&T, we are pleased to submit this request to modify the existing wireless communication site, at the location referenced above, as an Eligible Facilities Request for a modification pursuant to Section 6409 of the “Middle Class Tax Relief and Job Creation Act of 2012.” As previously discussed, Section 6409, “requires a State or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station.”1 An eligible facilities request includes a request for modification that involves “collocation of new transmission equipment.”2 AT&T proposes to collocate on this American Tower (“ATC”) site, and as set forth in this letter, this request falls within Section 6409, as it: 1. involves the collocation of new transmission; 2. the ATC tower is existing; and 3. the modification does not substantially change the physical dimensions of the existing tower. Below is an explanation of how this request meets all of the criteria required for a request to constitute an eligible facilities request. 1. The request involves collocation of new transmission equipment. In this EFR application, AT&T is seeking approval to collocate its wireless facility onto an existing ATC tower that supports Verizon Wireless’ equipment. In the FCC Report and Order establishing the rules for implementing Section 6409 of the Spectrum Act, the FCC explained that the purpose of Section 6409 is to “encourage deployments on existing towers and structures—rather than entirely new towers—in recognition that collocations almost always result in less impact or no 1 Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96 § 6409(a)(1), 126 Stat. 156 (2012). 2 Id. at (a)(2)(A). December 16, 2019 Page 2 impact at all.”3 AT&T’s request to collocate antennas onto this existing structure is exactly the type of collocation request contemplated in Section 6409. The FCC was seeking to promote the “sharing of infrastructure that supports wireless communications” in an effort to facilitate the rapid deployment of wireless infrastructure and promote advanced broadband services.4 2. The ATC site is an existing tower. Under Section 6409, a Tower is defined as a “structure built for the sole or primary purpose of supporting any Commission--licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.”5 The subject structure was built for the sole and primary purpose of supporting wireless communication facilities and as such constitutes a Tower. It is “existing for purposes of this section if it has been reviewed and approved under the applicable zoning or siting process.”6 This facility was subject to prior review and approval by Ada County in 2009. While Section 6409 preserves a municipality’s authority to approve the original installation, future modifications have limited review subject to 6409. Subsequent reviews only concern modifications that rise to the level of substantial changes or a failure to maintain the original conditions of approval. The Ada County 2009 approval did not include any continuing or ongoing conditions of approval, and the modifications proposed herein do not substantially change the facility as demonstrated below. (2009 Ada County Zoning Certificate, Ref Nos. 0901001 and 0901137 is attached) 3. The proposed modifications do not substantially change the existing facility. A modification to a Tower is a substantial change if (1) the tower height is increased more than 10% or 20 feet, whichever is greater; (2) an appurtenance is added to the body of the tower that would protrude more than 20 feet or the width of the tower at the level of the appurtenance, whichever is greater; (3) more than the standard number of new ground equipment cabinets for the technology involved are added, but not to exceed four cabinets; (4) excavation or deployment occurs outside the current site; (5) it defeats the concealment elements; or (6) it does not comply with the original conditions of approval. The proposed modifications for this site, as shown below, do not rise to the level of a “substantial change” under 6409: 3 Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, Report and Order WT Docket No. 13-238, WC Docket No. 11-59, WT Docket 13-32, FCC 14-153, ¶3, 29 FCC Rcd 12865, 12867 (Released October 21, 2014). (emphasis added) 4 Id. at ¶5 and ¶15. 5 47 C.F.R. §1.6100(b)(9). 6 47 C.F.R. §1.6100(b)(5). December 16, 2019 Page 3 Component Federal Section 6409 Limits AT&T’s Proposed Modification Increase height of original structure Increases height by more than 20 feet or 10 percent, whichever is greater; 20 feet height increase is proposed. Antennas extending horizontally from edge of structure Protrudes from edge of tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater; No new horizontal extensions from the edge of the structure are proposed. The width of the original structure is maintained. Additional ground-mounted equipment cabinets Installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets All equipment will be enclosed inside a shelter located within the original lease area. No outdoor ground-mounted equipment cabinets are being proposed. Excavation/Deployment Beyond Site Entails any excavation or deployment outside the current site7 of the tower No excavation or deployment is proposed to occur outside the current boundaries of the lease area. Concealment Elements Modifications will not defeat concealment elements The concealment elements will remain, and the site will continue to be disguised as a bell tower. 4. Review of an EFR is limited, subject to a 60-day shot clock and specific application review procedures. Under Section 6409, only documentation or information reasonably related to determining whether a request is covered under this section is required to be submitted.8 In accordance with the rules implementing Section 6409, we are submitting this narrative certifying this application as an eligible facilities request along with the information related to that determination. Enclosed with this narrative is a copy of signed and stamped drawings detailing the modifications discussed above. Based on a filing date of December 17, 2019, the projected FCC deadline for a decision is no later than February 17, 2020. Please note that all required “authorizations” are encompassed within the shot clock time frame including building permits or any other permits required for construction.9 7 Site is defined as “the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.” 47 C.F.R. §1.6100(b)(6). In this case, there is no excavation proposed outside ATC’s original 50’ x 50’ lease area. 8 47 C.F.R. §1.6100(c)(1) 9 In 2018, the FCC confirmed that any required authorization is subject to the shot clocks: “multiple authorizations may be required before a deployment is allowed to move forward. For instance, a locality may require a zoning permit, a building permit, an electrical permit, a road closure permit, and an architectural or engineering permit for an applicant to place, construct, or modify its proposed personal wireless service facilities. All of these permits are subject to Section 332’s requirement to act within a reasonable period of time, and thus all are subject to the shot clocks we adopt or codify here.” See In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, December 16, 2019 Page 4 We look forward to working with you on this important project, which will significantly improve wireless telecommunication services in your community without requiring an additional tower. Should you have any questions or require additional information, please do not hesitate to contact me or Carrie Ann Powell. Sincerely, Elizabeth Walker Elizabeth Walker CC: Ms. Carrie Ann Powell, Smartlink Real Estate Specialist Ms. Becky John Haney, AT&T Area Manager, Real Estate and Construction Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC 18-133, ¶144, 33 FCC Rcd. 9088, 9162 (released Sept. 27, 2018).