HomeMy WebLinkAbout10148150 - 6409 Modification Cover Letter
10590 WEST OCEAN AIR DRIVE / SUITE 300 / SAN DIEGO, CA 92130
December 14, 2020
To:
City of Aspen
Community Development
130 S. Galena St.
Aspen, CO 81611
From:
MD7, LLC
Lorelei Foronda, Land Use
10590 W Ocean Air Drive, Suite 300
San Diego, CA 92130
(858) 754-2151
lforonda@md7.com
RE: Request for Minor Modification to Existing Wireless Facility - Section 6409/47 CFR
§ 1.40001 ("6409”)
Site Address: 75 Prospector Road, Aspen, CO, 81611
AT&T Project No.: 10148150 / Aspen Highlands
Dear City of Aspen Community Development:
On behalf of New Cingular Wireless PCS, LLC (“AT&T”) we are pleased to submit this request to
modify AT&T’s existing wireless communication site at the location referenced above, as an
Eligible Facilities Request for a minor modification under Section 6409. A copy of the Federal
Communication Commission’s new 6409 rule is enclosed for your information.
Scope of Work
AT&T proposes the following minor modifications to this site. (Please note: all work will be
performed wholly within the existing premises and utility easements; and the project otherwise
complies with the site’s original conditions of approval.)
Component Federal Section 6409
Limits
AT&T’s Proposed Modification
Increase height of original
structure
10 feet or less No increase in height.
Antennas extending
horizontally from edge of
structure
6 feet or less No increase extending
horizontally.
Additional equipment
cabinets
4 or fewer, with no
cabinets larger than the
existing cabinets
0 additional equipment cabinets,
FCC Shot Clock for Section 6409 Minor Modifications
Based on a filing date of December 14, 2020, the projected FCC deadline for a decision is
February 12, 2021. In order for any State or Local jurisdiction to toll the timeframe for
incompleteness, a written notice must be presented to the applicant by January 13, 2021 outlining
the specific documents or information missing from the application.
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Our goal is to work with you to obtain approval of this minor modification earlier than the deadline.
We will respond promptly to any requests for information you may have for our application. Please
let us know how we can work with you to expedite the approval process. 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 site. Should you
have any questions or require additional information, please do not hesitate to contact me.
Sincerely,
Lorelei Foronda, Land Use
MD7, LLC
Enclosures: FCC Rule for Section 6409 Applications (47 CFR § 1.40001); Plans and drawings
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Title 47 → Chapter I → Subchapter A → Part 1 → Subpart CC → §1.40001
Title 47: Telecommunication
PART 1—PRACTICE AND PROCEDURE
Subpart CC—State and Local Review of Applications for Wireless Service Facility
Modification
§1.40001 Wireless Facility Modifications.
(a) Purpose. These rules implement section 6409 of the Spectrum Act
(codified at 47 U.S.C. 1455), which 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.
(b) Definitions. Terms used in this section have the following meanings.
(1) Base station. A structure or equipment at a fixed location that enables Commission-
licensed or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined in this
subpart or any equipment associated with a tower.
(i) The term includes, but is not limited to, equipment associated with wireless
communications services such as private, broadcast, and public safety services, as well
as unlicensed wireless services and fixed wireless services such as microwave
backhaul.
(ii) The term includes, but is not limited to, radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies, and comparable
equipment, regardless of technological configuration (including Distributed Antenna
Systems and small-cell networks).
(iii) The term includes any structure other than a tower that, at the time the
relevant application is filed with the State or local government under this section,
supports or houses equipment described in paragraphs (b)(1)(i) through (ii) of this
section that has been reviewed and approved under the applicable zoning or siting
process, or under another State or local regulatory review process, even if the structure
was not built for the sole or primary purpose of providing such support.
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(iv) The term does not include any structure that, at the time the relevant
application is filed with the State or local government under this section, does not
support or house equipment described in paragraphs (b)(1)(i)-(ii) of this section.
(2) Collocation. The mounting or installation of transmission equipment on an
eligible support structure for the purpose of transmitting and/or receiving radio
frequency signals for communications purposes.
(3) Eligible facilities request. Any request for modification of an existing tower
or base station that does not substantially change the physical dimensions of such
tower or base station, involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment; or
(iii) Replacement of transmission equipment.
(4) Eligible support structure. Any tower or base station as defined in this
section, provided that it is existing at the time the relevant application is filed with the
State or local government under this section.
(5) Existing. A constructed tower or base station is existing for purposes of
this section if it has been reviewed and approved under the applicable zoning or siting
process, or under another State or local regulatory review process, provided that a
tower that has not been reviewed and approved because it was not in a zoned area
when it was built, but was lawfully constructed, is existing for purposes of this definition.
(6) Site. For towers other than towers in the public rights-of-way, the current
boundaries of the leased or owned property surrounding the tower and any access or
utility easements currently related to the site, and, for other eligible support structures,
further restricted to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
(7) Substantial change. A modification substantially changes the physical
dimensions of an eligible support structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way, it increases the 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; for other eligible support structures, it increases the height of the structure by
more than 10% or more than ten feet, whichever is greater;
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(A) Changes in height should be measured from the original support structure in cases
where deployments are or will be separated horizontally, such as on buildings' rooftops;
in other circumstances, changes in height should be measured from the dimensions of
the tower or base station, inclusive of originally approved appurtenances and any
modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves 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; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude from the edge
of the structure by more than six feet;
(iii) For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not to
exceed four cabinets; or, for towers in the public rights-of-way and base stations, it
involves installation of any new equipment cabinets on the ground if there are no
preexisting ground cabinets associated with the structure, or else involves installation of
ground cabinets that are more than 10% larger in height or overall volume than any
other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support structure;
or
(vi) It does not comply with conditions associated with the siting approval of
the construction or modification of the eligible support structure or base station
equipment, provided however that this limitation does not apply to any modification that
is noncompliant only in a manner that would not exceed the thresholds identified in
§1.40001(b)(7)(i) through (iv).
(8) Transmission equipment. Equipment that facilitates transmission for any
Commission-licensed or authorized wireless communication service, including, but not
limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and
backup power supply. The term includes equipment associated with 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.
(9) Tower. Any 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
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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.
(c) Review of applications. A State or local government may not deny and shall approve
any eligible facilities request for modification of an eligible support structure that does
not substantially change the physical dimensions of such structure.
(1) Documentation requirement for review. When an applicant asserts in
writing that a request for modification is covered by this section, 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. 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.
(2) Timeframe for review. Within 60 days of the date on which an applicant
submits a request seeking approval under this section, the State or local government
shall approve the application unless it determines that the application is not covered by
this section.
(3) Tolling of the timeframe for review. The 60-day period begins to run when
the application is filed, and may be tolled only by mutual agreement or in cases where
the reviewing State or local government determines that the application is incomplete.
The timeframe for review is not tolled by a moratorium on the review of applications.
(i) To toll the timeframe for incompleteness, the reviewing State or local
government must provide written notice to the applicant within 30 days of receipt of the
application, clearly and specifically delineating all missing documents or information.
Such delineated information is limited to documents or information meeting the
standard under paragraph (c)(1) of this section.
(ii) The timeframe for review begins running again when the applicant makes
a supplemental submission in response to the State or local government's notice of
incompleteness.
(iii) Following a supplemental submission, the State or local government will
have 10 days to notify the applicant that the supplemental submission did not provide
the information identified in the original notice delineating missing information. The
timeframe is tolled in the case of second or subsequent notices pursuant to the
procedures identified in this paragraph (c)(3). Second or subsequent notices of
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incompleteness may not specify missing documents or information that were not
delineated in the original notice of incompleteness.
(4) Failure to act. In the event the reviewing State or local government fails to
approve or deny a request seeking approval under this section within the timeframe for
review (accounting for any tolling), the request shall be deemed granted. The deemed
grant does not become effective until the applicant notifies the applicable reviewing
authority in writing after the review period has expired (accounting for any tolling) that
the application has been deemed granted.
(5) Remedies. Applicants and reviewing authorities may bring claims related
to Section 6409(a) to any court of competent jurisdiction.
[80 FR 1269, Jan. 8, 2015]