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Assistant City Solicitor conveying 15 "Eligible Facilities Requests" from Crown Castle, which is requesting approval to modify 15 of its existing transmission installations.
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To the Honorable City Council:
The City has received a request for approval of 15 “Eligible Facilities Requests” from Crown Castle pursuant to 6409(a) of the Middle Class Relief and Job Creation Act of 2012 (commonly known as the “Spectrum Act”). This request seeks the City’s approval of various modifications to existing transmission equipment previously installed by Crown Castle on various utility poles throughout the City. Pursuant to the Act, and the Federal Communications Commission regulations promulgated to interpret the Act under 47 C.F.R 1.40001, the City is required to approve any eligible facility requests for modification of an existing wireless tower or base station that do not substantially change the physical dimensions of such tower or base station. The objective criteria for what constitutes a “substantial change” is set forth in the regulations promulgated by the Federal Communications Commission in 47 C.F.R § 1.4001. I am informed by the City Engineering Department and the Department of Public Works that after their review, that none of these 15 requests constitute a substantial change to the physical dimensions of the tower or base station (utility pole) pursuant to the objective criteria set forth in 47 C.F.R § 1.4001. Therefore these applications are being recommended for approval by the Council as the licensing and permitting authority for the City.
Pursuant to the Federal Regulations and Standards for “Eligible Facilities Requests,” the legal deadline for the City to act on these requests is November 21, 2019. Failure to act before November 21, 2019 will result in these requests being deemed granted.
I am waiting to receive the application materials for each of these eligible facilities requests from our Engineering Department. These materials will be forwarded to the Licenses and Permits Committee prior to the next meeting so they can be reviewed and considered accordingly.
Sincerely,
Shannon T. Phillips
Assistant City Solicitor