HomeMy WebLinkAboutDN01587A_EFR_Application Cover Letter 11.16.2022
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Eligible Facility Request for Transmission Equipment Modifications to a Base Station
Agent for T-Mobile: Darren Hunter with Insite Inc.
Date: 11/16/2022
Site Address: 197 Prospector Rd., Aspen, CO 81611
Dear Mr. West:
Re: Eligible Facilities Request to Modify Transmission Equipment at an Existing Base Station located at 197
Prospector Rd., Aspen, CO 81611
A. T-Mobile is Filing an Eligible Facilities Request
Insite Inc. on behalf of T-Mobile West (“T-Mobile”) is submitting the attached Eligible Facilities Request
application to add, remove, modify, or replace Transmission Equipment (the “Request”) at an Existing
Base Station located at 197 Prospector Rd. in the Town of Aspen (“City”).
This Request is governed by Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012,
commonly known as the “Spectrum Act” (Pub. Law No. 112-96, 126 Stat 156). Section 6409(a) of the
Spectrum Act states that state and local governments “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.” Under Section 6409, an Eligible Facilities
Request is any request to modify a Tower or Base Station that involves “collocations of new Transmission
Equipment,” “removal,” or “replacement” of Transmission Equipment.
B. Why this Eligible Facilities Request Must Be Granted
Consistent with federal law, the enclosed Request involves a proposal to collocate, remove, modify, or
replace Transmission Equipment at an existing Base Station for use by a Federal Communications
Commission (“FCC”) licensed wireless carrier. The FCC has defined Base Station as “the equipment and
non-tower supporting structure at a fixed location that enable Commission-licensed or authorized
wireless communications between user equipment and a communications network . . . the term includes
equipment associated with wireless communications service including, but not limited to, radio
transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supply, and comparable
equipment.” The term existing Base Station also includes a structure that currently houses or supports an
antenna, transceiver or other associated equipment that constitutes part of a Base Station at the time the
application is filed even if the structure was not built solely or primarily to provide such support. The
existing Base Station in this application is a building that is 70’ high and presently contains wireless
facilities.
In a Report and Order adopted on October 17, 2014, the FCC determined that any modification to an
existing Base Station that meets the following six criteria does not substantially change it, and therefore
is an Eligible Facilities Request under the Spectrum Act that must be granted:
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1. The modifications to the Transmission Equipment do not increase the height of the Base
Station by more than 10 percent (10%) or ten (10) feet, whichever is greater.
2. The modifications to the Transmission Equipment do not protrude from the edge of the
support structure by more than six (6) feet.
3. The modifications to the Transmission Equipment do not involve the installation of more than
the standard number of equipment cabinets for the technology involved, not to exceed four.
4. The modifications to the Transmission Equipment do not entail any excavation or deployment
outside of the Base Station site.
5. The modifications to the Transmission Equipment do not defeat any existing concealed or
stealth-design.
6. The modifications to the Transmission Equipment comply with prior conditions of approval of
the Base Station, unless the non-compliance is due to an increase in height, increase in width,
addition of equipment cabinets, or new excavation that does not exceed the corresponding
“substantial change” thresholds in numbers 1-4.
The proposed project will involve replacing (3) existing antennas with (3) new antennas and replace (6)
existing RRUs with (3) new RRUs to the chimney. The RRUs will be mounted to one side of the chimney
and the new antennas will use the existing antenna mounts. The new antennas flush mounted to the
chimney and will be painted to match the existing. This work does not constitute a substantial change
under the criteria above because it:
1) Will not increase the height of the Base Station by more than 10 percent (10%) or ten (10) feet,
whichever is greater;
Details: There is no change in height
2) Does not protrude from the edge of the Base Station by more than six (6) feet;
Details: The new antennas do not extend beyond 6’ from the building’s façade, they are flush-
mounted to the chimney.
3) Does not defeat any existing concealment elements;
Details: The new antennas and RRUs will be painted to match the existing antennas.
4) Does not entail any excavation outside the current Base Station;
Details: The proposed project will not involve excavations outside the current base station.
5) Does not involve the installation of more than the standard number of equipment cabinets for
the technology involved, not to exceed four.
Details: There is no change to the number of equipment racks.
6) The proposed project complies with prior conditions of approval of the Base Station, except for
any non-compliance that is due to an increase in height, increase in width, addition of equipment
cabinets, or new excavation that does not exceed the thresholds above.
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Response: Not Applicable.
Similarly, the list of equipment that will installed as part of this Request qualifies as Transmission
Equipment, which the FCC defines as “any equipment that facilitates transmission for any Commission-
licensed or authorized wireless communication service, including, but not limited to, radio transceivers,
antennas and other relevant equipment associated with and necessary to their operation, including
coaxial or fiber-optic cable, and regular and back-up power supply. This definition includes equipment
used in any technological configuration associated with any Commission-authorized wireless
transmission, licensed or unlicensed, terrestrial or satellite, including commercial mobile, private mobile,
broadcast and public safety services, as well as fixed wireless services such as microwave backhaul or fixed
broadband.”
In sum, the modifications to the Transmission Equipment at the Base Station located at 197 Prospector
Rd., Aspen, CO 81611 fully conform to the requirements of the Spectrum Act. Accordingly, this Request
must be approved within 60 days, as outlined below.
C. Notice of Federal Law Expedited Permit Processing and Deemed Granted
Under federal law, an Eligible Facilities Request is deemed granted sixty (60) days after a complete
application is filed. Thus, if sixty days pass after the submission of the Request and the City has not acted
to grant or deny the Request, it will be deemed granted. At that time, the applicant may advise the City
that the application has been deemed granted. If the City wishes to contest whether Request has been
deemed granted, the burden is on the City to file a lawsuit in a court of competent jurisdiction within 30
days after receipt of a written communication notifying it that the Request has been deemed granted.
T-Mobile is committed to working cooperatively with you to process this request in a timely and efficient
manner. Please do not hesitate to contact me if you have questions.
Sincerely,
Darren Hunter
Darren Hunter
Insite Inc.
1s660 Midwest Rd., Suite 140
Oakbrook Terrace, Il 60181