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Home My WebLink About20190153 Wesley Antennae Replacement Narrative f, 750 West Center Street, Suite 301 West Bridgewater, MA 02379 CENTERLINE Ty, 781,713.4725 COMMUNICATIONS February 11, 2019 Mr. Bradley Birge, Administrator of Planning&Economic Development City of Saratoga Springs Design Review Committee City Hall—474 Broadway Saratoga Springs, NY 12866 Re: New Cingular Wireless PCS, LLC("AT&T")Architectural/Historic Review Application ("Application")for equipment upgrades at the existing wireless telecommunications facility ("Facility") located at 131 Lawrence Street, City of Saratoga Springs. Dear Mr. Birge: AT&T is seeking to perform equipment upgrades to the above-referenced existing telecommunications Facility. We are submitting this application as an eligible facilities request under Section 6409, referenced below. Please find enclosed the following documents in support of our application to obtain the building permit: 1. Architectural/Historic Review Application 2. zExcerpt from the FCC Order regarding 6409 3. (2) sets of signed and stamped Construction Drawings 4. Structural Analysis Report 5. Short Form EAF 6. Certificates of Insurance from General Contractor 7. Application Fee payable to the "Commissioner of Finance" Section 6409 of the Federal Middle Class Tax Relief and Job Creation Act ("Section 6409") was adopted in 2012. Under Section 6409,your city retains discretionary zoning review over the construction of new towers, but simple collocations and/or equipment upgrades at existing telecommunications facilities must be approved. The new law provides that: "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." (Emphasis added.) The federal law defines an "eligible facilities request" as "(A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment." (Emphasis added.) Also, the Federal Communications Commission issued a Wireless Infrastructure Report and Order on October 17, 2014 ("FCC Order")which established regulations that clarify and streamline the Page 2 f, 750 West Center Street, Suite 301 West Bridgewater, MA 02379 410 - CENTERLINE ` 781.713.4725 COMMUNICATIONS municipal approval process for eligible facilities requests under Section 6409. A copy of the FCC Order is enclosed. The FCC Order clarifies that municipal review of an eligible facilities request is limited to determining whether the request falls within Section 6409: "a State or local government may require the applicant to provide documentation or information only to the extent reasonably related to determining whether the request meets the requirements of this section [Section 6409]. A State or local government may not require an applicant to submit any other documentation, including but not limited to documentation intended to illustrate the need for such wireless facilities or to justify the business decision to modify such wireless facilities."47 C.F.R. 1.40001(c)(1) (Emphasis added). The FCC Order also specifies that the term "base station" includes any structure that "supports or houses" communications equipment. Since this structure already supports communications equipment, it is considered a "base station" under Section 6409 AT&T's Application is an Eligible Facilities Request under Section 6409 AT&T's application qualifies as an eligible facilities request under Section 6409 because the proposed installation involves "a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." AT&T's current facility consists of(13) antennas, (15) radio units, (3)A2 Modules, (5) surge suppressors, (1) squid, (18) diplexers, (6)TMAs (amplifiers), (15) coax cables, (1) RET cable, and (2) DC Trunks, installed at a RAD center of 153-feet on the existing 140-foot building. As shown on the plans prepared by Hudson Design Engineering, PLLC dated October 24, 2018, AT&T's proposed installation consist principally of the following elements: [replacing (4) antennas and (6) radio units and installing (5) new radio units, (1) surge suppressor with (1)fiber line and (2) DC Trunks. The proposed changes will not increase the height of the building. Accordingly, AT&T's installation involves the collocation of new transmission equipment, replacement of transmission equipment, and the removal of transmission equipment. The proposed modifications will not increase the height of the building nor the dimensions of the equipment compound. As a result, the installation "does not substantially change the physical dimensions of such tower or base station." Therefore, these proposed equipment upgrades constitute an "eligible facilities request" under Section 6409 and must be approved. Page 3 f, 750 West Center Street, Suite 301 efie West Bridgewater, MA 02379 CENTERLINE Ty, 781,713.4725 COMMUNICATIONS Timeline for Review and Approval We would like to highlight an important timing requirement for processing this application. The FCC Order determined that a municipality must act on an eligible facilities request within sixty(60) days of receiving the application. 47 C.F.R. 1.40001(c)(2) (Emphasis added). (Note, the sixty(60)-day period is also known as the "Shot Clock"). Thus, the city must approve this application within sixty(60) days of its receipt. The FCC Order provides that upon a municipality's failure to act prior to expiration of the Shot Clock, the "request shall be deemed granted" and AT&T will be legally entitled to proceed with construction. 47 C.F.R. 1.40001(c)(4) (Emphasis added). Note that the FCC Order does allow the Shot Clock to be tolled if an application is incomplete. However, to do so, a municipality must provide written notice that the application is incomplete within thirty(30) days of the submittal. 47 C.F.R. 1.40001(c)(3)(i). The notice must "clearly and specifically" describe the missing documents or information,47 C.F.R. 1.40001(c)(3)(i), and, as previously mentioned, such documentation must be necessary to the determination of whether the application qualifies as an eligible facilities request. If the municipality requests additional information after the first thirty(30) days have passed, we will still provide any "reasonably related" information allowed under the FCC Order, but the Shot Clock will not be tolled. In light of the foregoing, AT&T respectfully requests that its proposed equipment upgrades be approved. In the meantime, if you have any questions, please feel free to call or email me. Thank you for your cooperation. Sincerely, Brenda Blask-Lewis Site Acquisition Consultant Centerline Communications, LLC Cell: (315) 867-3236 e-mail: bblasklewis@clinellc.com