Narrative
________________________________________________________________________________________________
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).