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Home My WebLink About3405 S TIMBERLINE RD WIRELESS TELECOMMUNICATIONS EQUIPMENT - BDR200014 - SUBMITTAL DOCUMENTS - ROUND 1 - APPLICANT COMMUNICATION________________________________________________________________________________________________ 303-264-7455 liz.walker@wirelesspolicy.com www.wirelesspolicy.com August 31, 2020 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 3405 South Timberline Road (the “Replacement Site”), we respectfully submit the following additional information related to the timing, processing and scope of review relative to the application. GENERAL BACKGROUND INFORMATION AT&T currently operates a wireless facility attached to the Platte River Power Authority’s 140 foot tower (“PRPA” and “PRPA Facility” respectively) located at 2000 E. Horsetooth Road. AT&T’s antennas are currently operating from a height of 97 feet. This legacy facility has been serving this area for over 20 years and is a critical component of AT&T’s network in Fort Collins. PRPA is requiring AT&T to vacate the site by March 2021. When this site is decommissioned the area will lose wireless service. This service gap will impact 7 schools and 9 different neighborhoods. Customers will drop calls, have slow data speed and a lower probability of completing successful emergency calls. To avoid this significant service loss, AT&T must begin to install the Replacement Site no later than November 1, 2020. If the Replacement Site is not on air by February 2021, this area of Fort Collins will have a significant service outage that will affect personal, business and public safety communications at a time when rigorous communication infrastructure is more important than ever for residents and remote workers. To that end, Governor Polis has issued a guidance letter deeming all work associated with telecommunications networks to be considered “Critical Business” and advises that municipalities should, “suspend, waive, or expedite permitting requirements for new construction or upgrades of any communication infrastructure.”1 Because the timing is critical for this site, it is important that we address the state and federal laws that set specific timelines for review of this AT&T application. 1 Governor Jared Polis, Guidance to State Executive Departments and Agencies, Municipalities, Counties, and Telecommunication Providers Regarding Permitting and Service for Telecommunications Due to the Presence of COVID-19, April 22, 2020. (Attached) August 31, 2020 Page 2 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.2 • 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. 3 • 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.4 The clock begins to run upon filing. It is tolled if a notice of incomplete is issued to the applicant within 30 days.5 Also, Colorado state law provides that collocations are subject to a 90 day shot clock.6 2 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). 3 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). 4 47 C.F.R. §1.6003(c)(ii). 5 47 C.F.R. §1.6003(d)(2)(iii). 6 C.R.S. §29-27-403(b). August 31, 2020 Page 3 • 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.”7 • 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.”8 In order to meet this time frame, we are requesting to file our building permit while the zoning review is pending. AS A RELOCATION SITE WITH AN OUTAGE DEADLINE, TIMING IS CRITICAL Timely processing and adherence to the shot clock time frame is critical as AT&T needs sufficient time to permit and build the Replacement Site. Avoiding a service outage will have a positive impact on the community by ensuring robust wireless service for people who are maintaining relationships while staying at home, looking for work or working from home during this pandemic. We look forward to working with you on this important project which will significantly improve wireless communication services and prevent a significant service outage in Fort Collins. Should you have any questions or require additional information, please do not hesitate to contact me or the Nexius Site Acquisition Manager Jaclyn Levine. Sincerely, Elizabeth Walker Wireless Policy Group CC: Frank DePeralta, AT&T Project Manager Becky John Haney, AT&T Area Manager Jaclyn Levine, Nexius Site Acquisition Manager 7 47 C.F.R. §1.6003(d)(2)(i). (emphasis added) 8 47 C.F.R. §1.6002(f). (emphasis added)