HomeMy WebLinkAbout2900 S COLLEGE AVE AT&T - PDP210007 - SUBMITTAL DOCUMENTS - ROUND 1 - SUPPLEMENTAL INFORMATION
1 Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(b) to Ensure Timely Siting Review and
to Preempt Under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring
a Variance, WT Docket No. 08-165, Declaratory Ruling, 24 FCC Rcd 13994, 14012, para. 45 (2009).
2 Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment,
Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC 18-133 (rel.
Sept. 27, 2018); 33 FCC Rcd. 9088, 9160, para. 140 (Oct. 15, 2018).
Planning Department
City of Fort Collins
208 North College Avenue
Fort Collins, CO 80524
Re: Supplement to AT&T’s Application for Wireless Facility
Notice of 90 Day Clock for Application Review for Zoning and Building Permit
Dear Planning Representative:
As a supplement to the application proposing a wireless rooftop facility at 2900 South College Avenue
(the “Replacement Site”), we respectfully submit the following additional information related to the
timing, processing and scope of review relative to the application.
CLARIFICATION REGARDING THE SHOT CLOCK
Section 332(c)(7)(B)(ii) of the Telecommunications Act of 1996 provides that local governments “shall
act on any request for authorization to place, construct, or modify personal wireless services within a
reasonable period of time after the request is duly filed.” In 2009, the FCC clarified this provision by
establishing presumptive application review time frames commonly referred to as shot clocks. This
action was taken to address unreasonable delays associated with zoning and permitting of wireless
facilities that hinder deployment of wireless service. In that Declaratory Ruling, the FCC established a
90-day shot clock applicable to requests for collocations 1
• Rooftop Installations are Collocations
Attaching antennas to an existing structure is a collocation. The FCC clarified this in the 2018 Declaratory
Ruling and Third Report and Order, stating that:
We take this opportunity to clarify that for purposes of the Section 332 shot
clocks, attachment of facilities to existing structures constitutes collocation,
regardless whether the structure or the location has previously been zoned for
wireless facilities. 2
3 47 C.F.R. §1.6003(c)(ii).
4 47 C.F.R. §1.6003(d)(2)(iii).
5 C.R.S. §29-27-403(b).
6 47 C.F.R. §1.6003(d)(2)(i). (emphasis added)
7 47 C.F.R. §1.6002(f). (emphasis added)
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• 90 Day Shot Clock
The shot clock and the associated review processes are codified in the implementing rules which can be
found at 47 C.F.R. §1.6002. The codified implementing rules provide that, “[r]eview of an application to
collocate a facility other than a Small Wireless Facility using an existing structure” is 90 days. 3 The clock
begins to run upon filing. It is tolled if a notice of incomplete is issued to the applicant within 30 days. 4
Also, Colorado state law provides that collocations are subject to a 90 day shot clock. 5
• Requirements for an Effective Notice of Incompleteness
To be effective, a notice of incomplete must state in writing that, “the application is materially
incomplete and clearly and specifically identif[y] the missing documents or information that the
applicant must submit to render the application complete and the specific rule or regulation creating
this obligation” 6
• All Authorizations required to build are included in the shot clock
The shot clock begins to run when the application is filed and encompasses all authorizations required
prior to the deployment of personal wireless services. Under federal law, “[a]uthorization means any
approval that a siting authority must issue under applicable law prior to the deployment of personal
wireless facilities, including, but not limited to, zoning approval and building permit” 7
Sincerely,
Jaclyn Levine
Nexius Solutions