Permit CITY OF TIGARD BUILDING PERMIT
1 . COMMUNITY DEVELOPMENT Permit#: BUP2021-00277
Date Issued: 1/27/2022
TI GA II 1) 13125 SW Hall Blvd.,Tigard OR 97223 503.718.2439
Parcel: 2S 101 DD00702
Jurisdiction: Tigard
Site address: 6900 SW SANDBURG ST
Project: Verizon Subdivision: SALEM FREEWAY SUBDIVISION Lot: 4
Project Description: Verizon equipment upgrade on an existing commercial cell tower.There is no proposed change in tower height
or compound size.
Contractor: NORTH SKY COMMUNICATIONS LLC Owner: HDG LP
11818 SE MILL PLAIN BLVD SUITE 410 1603 133RD PL NE
VANCOUVER, OR 98684 BELLEVUE, WA 98005
PHONE: 360-254-6920 PHONE:
FAX:
Specifics: FEES
Description Date Amount
Type of Use: COM
Class of Work: ALT Type of Const: Other Permit Fee-Additions,Alterations, 01/25/2022 $453.95
Occupancy Grp: U Occupancy Load: 0 Demolition
12%State Surcharge-Building 01/25/2022 $54.47
Dwelling Units: 0 Plan Review 11/22/2021 $295.07
Stories: 0 Height: 0 ft DC Provision Review,COM TI-Ping 01/25/2022 $110.00
Bedrooms: 0 Bathrooms: 0 Info Process/Archiving-Sm$0.50(up to 01/25/2022 $17.50
Value: $25,000 11x17)
Floor Areas:
Total Area: 0
Accessory Struct: 0
Basement: 0
Carport: 0
Covered Porch: 0
Deck: 0
Garage: 0
Mezzanine: 0
Total $930.99
Required: Required Items and Reports(Conditions)
Fire Sprinkler: Parapet:
Fire Alarm: Protected Corridors:
Smoke Detectors: Manual Pull Stations:
Accessible Parking: 0
This permit is issued subject to the regulations contained in the Tigard Municipal Code, State of OR. Specialty Codes and all other applicable law All work
will be done in accordance with approved plans. This permit will expire if work is not started within 180 days of issuance, or if work is suspended for more
the 180 days. ATTENTION: Oregon law requires you to follow the rules adopted by the Oregon Utility Notification Center. Those rules are set forth in OAR
952-001-0010 through OAR 952-001-0090. You may obtain a copy of the rules or direct questions to OUNC by calling 503.232.1987 or 1.800.332.2344.
Issued By: Ed ya.rol.o-Ma-L4o1A.,4,o- Permittee Signature: A&a-pp-U.444-1.4-K.
Call 503.639.4175 by 7:00 a.m.for the next available inspection date.
This permit card shall be kept in a conspicuous place on the job site until completion of the project.
Approved plans are required on the job site at the time of each inspection.
ATC 414382-Verizon Upgrade
Building Permit Application
Commercial RECEIVE 0 1(111 1)1 1 It'I l tit 11\1 1
71 City of Tigard c +fin y Reeeivea// �Zj �,, PenmtNo
13125SW Hail Blvd,Tigard,OR 97223NOV 6 2Q E rug e v ��`'% �� 7
Phone. 503-718-2439 Fax 503-598-1960 „ lne id; I-ok-i pZ� Related Per„at
I it .` i, Inspection Line. 503-639-4175 CITY OF TIGARD pate Ready By �/ / Ea See Page 2 fur
Internet www tigard-or gov N d7Ateax.d `/ 14 Supplemental Informanan
BUILDING DIVISIONr
TYPE OF WORK REQUIRED DATA:I-AND 2-FAMILY DWELLING
New construction 1❑Demolition Permit fees'are based.on the value of the work performed
Indicate the value(rounded to the nearest dollar)of all
❑Addition/alteration/replacement I®Other Cell tower equipment upgrade equipment,materials,labor,overhead,and the profit for the
.� CATEGORY OF CONSTRUCTION _work indicated on this application
ElI-and 2-family dwelling SiCommercial/industrial r Valuation: S
ElAccessory building ID Multi-familyNumber of bedrooms:
❑Master builder ❑Other: Number of bathrooms:
JOB SITE INFORMATION AND LOCATION Total number of flours:
Job site address: 6900 SW Sandburg Street _ New dwelling area: square feet
City/State/ZIP. Tigard,OR 97223-8008 Garage/carport area square feet
Suite/bldgJapt It: I Project name; ATC 414382-Verizon Upgrade Covered porch area square feet
Cross street/directions to job site Please see sheet T l of the enclosed Construction Deck area square feet
Drawings. Other structure arca square feet
REQUIRED DATA:COMMERCIAL-USE CHECKLIST
• Subdivision: SALEM FREEWAY Lot/I:PT 4 Permit fees*arc based on the value of the work performed.
Tax map/parcel# 2S 101 DD00702,R459989 Indicate the value(rounded to the nearest dollar)of all
equipment,materials,labor,overhead,and the profit for the
' DESCRIPTION OF WORK work Indicated on this application.
ATC 414382-Verizon equipment upgrade on an existing commercial cell tower. Valuation: 525,000
There is no proposed changed in tower height or compound size. Existing building area N/A square feet
New building area: N/A square feet
2Q PROPERTY OWNER 0 TENANT Number of stories: N/A
Name: American Tower(Cell tower owner) Type of construction: II-13
Address. 10 Presidential Way A- Occupancy groups
City/State/ZIP Woburn,MA 01801 Existing U
Phone:(205 )545-5908 Fax:( J) New N/A
0 APPLICANT El CONTACT PERSON BUILDING PERMIT FEES*
— _ . .
Business name. .....-.........._._._._._ R'tearr're,�rw1kr acl4eduk�_�
Crafton Communications-Agent for American Tower Structural plan review fee or deposit) 0 7
Contact name:Kaitlin Butler - .. `--�
Address: 2918 Clairmont Ave.S. FLS plan review fee(if applicable):
Total fees due upon application:
City/State/ZIP Birmingham,AL 35205
Amount received:
Phone:(205 1 545-5908 Fax::( ) _ ,
PHOTOVOLTAIC SOLAR PANEL
E-mail kbutler@craftongroup:corn SYSTEM FEES*
Commercial and residential prescriptive installation of
CONTRACTOR
roof-top mounted Photovoltaic Solar Panel System.
&stantg. TBD Submit two(2)sets of roof plan with connection details
- �---- - and fire department access,along with the 2010 Oreion
allillic Solar Installation Specialty Code checklist
Permit fee(includes plan review $180.00
and administrative fees):
Fax:( ) State surcharge(12%of permit fee): S21.60
Total fee due upon application S201.60
Aidltveieed Op/tuftThis permit application expires if a permit is not obtained M
within 180 clays after it Ins been accepted as complete.
`Print name. Kaitlin Butler —1 Date: 10/22/2021 •• Fee methodology set by Tri-County Building Industry
Service Board.
11Building\Permits\BUP_COM PermitApp doe Rev 04/21/2014 440-4613T(l1/02/COM/WEB)
ATC 414382 - Verizon Upgrade
Building Permit Application
Commercial FOR OFFICE USE ONLY
City of Tigard Received Permit No.
Date/B 13125 SW Hall Blvd.,Tigard,OR 97223 Plann R Review
2Phone: 503-718-2439 Fax: 503-598-1960 Date/B : Related Permit:
T I GAR D Inspection Line: 503-639-4175 Date Ready/By: Ed See Page 2 for
Internet: www.tigard-or.gov Notified/Method: EVA Supplemental Information
TYPE OF WORK REQUIRED DATA:1-AND 2-FAMILY DWELLING
❑New construction ❑Demolition Permit fees*are based on the value of the work performed.
Indicate the value(rounded to the nearest dollar)of all
❑Addition/alteration/replacement ®Other:Cell tower equipment upgrade equipment,materials,labor,overhead,and the profit for the
CATEGORY OF CONSTRUCTION work indicated on this application.
❑ 1-and 2-family dwelling ®Commercial/industrial Valuation: $
❑Accessory building 0 Multi-family Number of bedrooms:
❑Master builder ❑Other: Number of bathrooms:
JOB SITE INFORMATION AND LOCATION Total number of floors:
Job site address: 6900 SW Sandburg Street New dwelling area: square feet
City/State/ZIP: Tigard,OR 97223-8008 Garage/carport area: square feet
Suite/bldg./apt.#: Project name: ATC 414382-Verizon Upgrade Covered porch area: square feet
Cross street/directions to job site: Please see sheet T-1 of the enclosed Construction Deck area: square feet
Drawings. Other structure area: square feet
REQUIRED DATA:COMMERCIAL-USE CHECKLIST
Subdivision: SALEM FREEWAY Lot#: PT 4 Permit fees*are based on the value of the work performed.
Tax map/parcel#: 2S I O l DD00702,R459989 Indicate the value(rounded to the nearest dollar)of all
equipment,materials,labor,overhead,and the profit for the
DESCRIPTION OF WORK work indicated on this application.
ATC 414382-Verizon equipment upgrade on an existing commercial cell tower. Valuation: $25,000
There is no proposed changed in tower height or compound size. Existing building area: N/A square feet
New building area: N/A square feet
N PROPERTY OWNER ❑ TENANT Number of stories: N/A
Name: American Tower(Cell tower owner) Type of construction: II-B
Address: 10 Presidential Way Occupancy groups:
City/State/ZIP: Woburn,MA 01801 Existing: U
Phone:(205 )545-5908 Fax:( ) New: N/A
0 APPLICANT ® CONTACT PERSON BUILDING PERMIT FEES*
Business name: (Please refer to fee schedule
Grafton Communications-Agent for American Tower Structural plan review fee(or deposit):
Contact name:Kaitlin Butler
FLS plan review fee(if applicable):
Address: 2918 Clairmont Ave. S.
Total fees due upon application:
City/State/ZIP: Birmingham,AL 35205
Amount received:
Phone:(205 ) 545-5908 Fax: :( )
E-mail: kbutler@craftongroup.com PHOTOVOLTAIC SOLAR PANEL SYSTEM FEES*
Commercial and residential prescriptive installation of
CONTRACTOR roof-top mounted PhotoVoltaic Solar Panel System.
Business name: TBD Submit two(2)sets of roof plan with connection details
and fire department access,along with the 2010 Oregon
Address: Solar Installation Specialty Code checklist.
City/State/ZIP: Permit fee(includes plan review $180.00
and administrative fees):
Phone:( ) Fax:( )
State surcharge(12%of permit fee): $21.60
CCB Lie.:
Total fee due upon application: $201.60
Authorized signature: This permit application expires if a permit is not obtained
within 180 days after it has been accepted as complete.
Print name: Kaitlin Butler Date: 10/22/2021 * Fee methodology set by Tri-County Building Industry
Service Board.
I:\Building\Permits\BUP_COM_PermitApp.doc Rev.04/21/2014 440-4613T(1 l/02/COM/WEB)
City of Tigard
ll
ill
COMMUNITY DEVELOPMENT DEPARTMENT
:
r 1 c A RD Building Permit Review — Commercial - 1\o Land Use
Building Permit #: P2(O21--O0277
Site Address: 6900 SW Sandburg S-t . Suite/Bldg#:
Project Name: Verizon
(Name of commercial business occupying the space. If vacant,enter Spec Space.)
Planning Review
Proposal: Upgrade existing equipment
Existing Business Activity: wireless facility
Proposed Business Activity: wireless facility
gi Verify site address/suite# exists and active in permit system.
® River Terrace Neighborhood: ❑ Yes n No
® Zoning: i_P
Permitted Use: ® Yes ❑ No ❑ Spec Space
ICI Confirm no land use required.
Ina Business License:
Exists: ❑ Yes ❑ No,applicant was provided a business license application
Notes:
Approved by Planning: v \- Date: 1/11/2022
Revisions (after Building Submittal only) Reviewer Date
Revision 1: ❑ Approved ❑ Not Approved
Revision 2: ❑ Approved ❑ Not Approved
Revision 3: ❑ Approved ❑ Not Approved
Building Permit Submittal
Original Submittal Date: //1/e,/.2 j2
Site Plans: # 3
Building Plans: # 3
Building Permit#: ®rtnter building permit#above.
Workflow Routing: Manning ❑ Permit Coordinator wilding
Workflow Sign-off: [-Sign-off for Planning(include notes from planning review)
Route Application Documents: (!Building: original permit application,site plans,building plans, engineer and
beam calculations and trust details,if applicable,etc.
Notes:
By Permit Technician: - 4(— —' Date: Gr 3/OZ.Z_
I:\Building\Forms\BldgPermitRvw_COM_NoLand Use_111819.docx
' - • it Coordinator Review
❑ Conch i.• "Met"prior to issuance of building permit
❑ Approved,NO ' -leased: Da
Notes:
Revisions (after Building Submittal only)
Revision Notice 1: Date Sent to Applicant:
Revision Notice 2: Date Sent to Applica. •.
Revision Notice 3: Date Sent to ' -. cant:
❑ SDC Fees Entered: W. - o Trans Dev Tax: ❑ Yes ❑ N
igard Trans SDC: ❑ Yes ❑ N/A
Parks SDC: ❑ Yes ❑ N/A
❑ OK to : 'e Permit
. I roved by Permit Coordinator: Date:
I:\Building\Forms\BldgPermitRvw_COM NoLandUse_111819.docx
A"l'CC 414382 - Verizon Upgrade
City of Tigard
COMMUNITY DEVELOPMENT DEPARTMENT
ON
TIGARD Collocation Supplemental Questionnaire
100P,sk: - -Y}FA"t'+Ro'#.r' Y YSai+fi `tibIAVYM. .. Y5 ' ,1WOCNW4 £-PK X. f*i. °13kt .dIIY:`rAITCAfr'
SITE INFORMATION
Collocating antenna is on: [X Existing tower ❑ Existing non-tower structure
Address: 6900 SW Sandburg St. City/State: Tigard, OR Zip: 97223-8008
PROVIDER INFORMATION
Name of provider: Verizon Has this provider previously served Tigard? ® Yes ❑ No
Contact name: Kaitlin Butler -Agent for American Tower Phone: 205-545-5908
List other providers currently collocating on same tower or structure: Sprint Nextel
Approved land use case number: CUP97-00003
ANTENNA INFORMATION
Existing: New:
Height of antennas: 64 ft. Height of antennas: 64 ft
To match existing(See
Color of antennas: Color of antennas: sheet C-201)
"1'o match existing(See
Color of equipment: Color of equipment: sheet C-201)
Accommodating equipment: Accommodating equipment:
Will new accessory equipment be installed? ❑ Yes ® No
Location of new accessory equipment:
❑ Within previously approved fenced area
❑ Within existing structure
❑ Other location:
Will landscaping be removed to accommodate the accessory equipment? ❑ Yes ESI No
Ifyes, describe here:
ll by l
Kaitlin Butler Date:Digita 2022.01.ysigned11 1439:43Kaitlin But-06'00er' Kaitlin Butler-Agent for American Tower 1/11/2022
Applicant's signature Print name Date
**See attached Letter of Authorization** American Tower
Pole/structure owner's signature Print name Date
STAFF USE ONLY
Zone: I P Approved ❑ Not approved Received by: " Al— Date: < <I 2,022-
Reasons for denial:
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 1
A
AMERICAN TOWER`'
CORPORATION
LETTER OF AUTHORIZATION
ATCSITE#/NAME/PROJECT: 414382 /PORQ SANDBURG OR/13715938
SITE ADDRESS: 6700 SW SANDBURG ST
TIGARD,OR 97223-8008
APN: R459943
LICENSEE:VERIZON WIRELESS(VAW)LLC dba VERIZON WIRELESS
I, Margaret Robinson, Senior Counsel for American Tower*, owner of the tower facility located at the
address identified above (the "Tower Facility"), do hereby authorize VERIZON WIRELESS (VAW)
LLC dba VERIZON WIRELESS, its successors and assigns, and/or its agent, (collectively, the
"Licensee") to act as American Tower's non-exclusive agent for the sole purpose of filing and
consummating any land-use or building permit application(s) as may be required by the applicable
permitting authorities for Licensee's telecommunications' installation.
We understand that this application may be denied, modified or approved with conditions. The above
authorization is limited to the acceptance by Licensee only of conditions related to Licensee's installation
and any such conditions of approval or modifications will be Licensee's sole responsibility.
Signature:
Print Name:Margaret Robinson
Senior Counsel
American Tower*
NOTARY BLOCK
Commonwealth of MASSACHUSETTS
County of Middlesex
This instrument was acknowledged before me by Margaret Robinson, Senior Counsel for American
Tower*, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same.
WITNESS my hand and official seal,this 20th day of December,2021.
A
NOTARY SEAL
MELELISSA ANN METZLER Notary Public _._.
, My Commission Expires:March 14,2025
r �,.I Notary Public
'Commenwealih el Massachusetts
Mr Commission Expires Ninth 1 1.2025 t
*American Tower includes all affiliates and subsidiaries of American Tower Corporation.
1
a; 10 Presidential Way •Woburn,MA 01801 • 781.926.4500 Office • 781.926.4555 Fax • www.americantower.corn
opp�C
Cppy
AMERICAN TOWER.
CORPORATION
LETTER OF AUTHORIZATION
ATCSITE#/NAME/PROJECT: 414382 /PORQ SANDBURG OR/13715938
SITE ADDRESS: 6700 SW SANDBURG ST
TIGARD,OR 97223-8008
APN: R459943
LICENSEE:VERIZON WIRELESS(VAW)LLC dba VERIZON WIRELESS
I, Margaret Robinson, Senior Counsel for American Tower*, owner of the tower facility located at the
address identified above (the "Tower Facility"), do hereby authorize VERIZON WIRELESS (VAW)
LLC dba VERIZON WIRELESS, its successors and assigns, and/or its agent, (collectively, the
"Licensee") to act as American Tower's non-exclusive agent for the sole purpose of filing and
consummating any land-use or building permit application(s) as may be required by the applicable
permitting authorities for Licensee's telecommunications' installation.
We understand that this application may be denied, modified or approved with conditions. The above
authorization is limited to the acceptance by Licensee only of conditions related to Licensee's installation
and any such conditions of approval or modifications will be Licensee's sole responsibility.
Signature:
/1,11(„f7
Print Name:Margaret Robinson
Senior Counsel
American Tower*
NOTARY BLOCK
Commonwealth of MASSACHUSETTS
County of Middlesex
This instrument was acknowledged before me by Margaret Robinson, Senior Counsel for American
Tower*, personally known to me (or proved to me on the basis of satisfactory evidence)to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the same.
WITNESS my hand and official seal,this 20th day of December,202].
NOTARY S1sAt.
ie + MELtSSA ANN N1ETZLER Notary Public
•1 My Commission Expires:March 14,2025
if"1 t Notary Public
Comrnrnweatttr of Massecausetts
Mr Commission Expires Merv*1 t 2025
*American Tower includes all affiliates and subsidiaries of American Tower Corporation.
10 Presidential Way • Woburn,MA 01801 • 781.926.4500 Office • 781.926.4555 Fax • www.americantower.com
RECEIVED
CRAET( N1.! CITY OF TIGARD
COMMUNICATIONS BUILDING DIVISION
October 22, 2021
City of Tigard
Building Division
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Commercial Plan Review and Permitting: ATC 414382—Verizon Upgrade
Site Address: 6900 SW Sandburg Street, Tigard, OR 97223-8008
Verizon is making application for a Building Permit to modify an existing wireless
telecommunications facility at the address above.
Enclosed are the following items for your review:
• Building Permit Application
• Eligible Facilities Request
• FCC Interpretation of Section 6409(a)
• Engineer's Structural Analysis Report
• Three (3) copies of the Construction Drawings
Please call for check issuance or credit card payment of any review or permitting fees. If
you need any further information, please let me know.
Thank you, (� ,,p
C JJ41R/G
Kaitlin Butler
Crafton Communications
205-545-5908 office
kbutler@craftongroup.com
2918 Clairmont Avenue South, Birmingham,AL 35205 Phone: 205-682-7525/Fax: 205-682-7501
Birmingham/Dallas/Huntsville
www.CraftonGroup.com
CRAFTON
COMMUNICATIONS
NOTIFICATION OF ELIGIBLE FACILITIES REQUEST
October 22,2021
City of Tigard
Building Division
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Commercial Plan Review and Permitting: ATC 414382—Verizon Upgrade
Site Address: 6900 SW Sandburg Street, Tigard, OR 97223-8008
To Whom It May Concern:
Pursuant to 47 USC § 1455 and the Rules adopted by the Federal Communications Commission,
47 C.F.R § 1.6100,the enclosed permit application qualifies as an Eligible Facilities Request.
Federal law provides that a local jurisdiction has 60 days from the date that an Eligible Facilities
Request is filed to approve the application. If more than 60 days elapse from the date this
Eligible Facilities Request permit application is filed, and the local government does not act on
this application, the application will be deemed granted under federal law.
Sincerely,
J ad/2
Kaitlin Butler
Crafton Communications
205-545-5908 office
kbutlerAcraftongroup.com
p4
2918 Clairmont Avenue South, Birmingham,AL 35205 Phone: 205-682-7525/Fax: 205-682-7501
Birmingham/Dallas/Huntsville
www.CraftonGroup.com
RECEIVED
NOV 1 6 2021
CITY OF TIGARD
puBLic NoTICE C""°""°s BUILDING DIVISION
wyI-V
Federal Communications Commission News Media Information 202/418-0500
445 12th St., S.W. Internet:http://www.fcc.gov
Washington, D.C. 20554 TTY:1-888-835-5322
WIRELESS TELECOMMUNICATIONS BUREAU OFFERS GUIDANCE ON
INTERPRETATION OF SECTION 6409(a)OF THE MIDDLE CLASS TAX RELIEF AND
JOB CREATION ACT OF 2012
DA 12-2047
January 25,2013
On February 22,2012,the Middle Class Tax Relief and Job Creation Act of 2012(Tax Act)1 became law.
Section 6409(a)of the Tax Act provides that a state or local government"may not deny,and shall
approve"any request for collocation,removal,or replacement of transmission equipment on an existing
wireless tower or base station,provided this action does not substantially change the physical dimensions
of the tower or base station.2 The full text of Section 6409(a)is reproduced in the Appendix to this Public
Notice.
To date,the Commission has not received any formal petition to interpret or apply the provisions of
Section 6409(a). We also are unaware of any judicial precedent interpreting or applying its terms. The
Wireless Telecommunications Bureau has,however,received informal inquiries from service providers,
facilities owners,and state and local governments seeking guidance as to how Section 6409(a)should be
applied. In order to assist interested parties,this Public Notice summarizes the Bureau's understanding of
Section 6409(a)in response to several of the most frequently asked questions.'
What does it mean to"substantially change the physical dimensions"of a tower or base station?
Section 6409(a)does not define what constitutes a"substantial[]change"in the dimensions of a tower or
base station. In a similar context,under the Nationwide Collocation Agreement with the Advisory
Council on Historic Preservation and the National Conference of State Historic Preservation Officers,the
Commission has applied a four-prong test to determine whether a collocation will effect a"substantial
increase in the size of[a]tower."4 A proposed collocation that does not involve a substantial increase in
Middle Class Tax Relief and Job Creation Act of 2012,Pub.L. 112-96,H.R.3630, 126 Stat. 156(enacted Feb.22,
2012)(Tax Act).
2 Id.,§6409(a).
3 Although we offer this interpretive guidance to assist parties in understanding their obligations under Section
6409(a),see,e.g., Truckers United for Safety v.Federal Highway Administration, 139 F.3d 934(D.C.Cir. 1998),the
Commission remains free to exercise its discretion to interpret Section 6409(a)either by exercising its rulemaking
authority or through adjudication. With two exceptions not relevant here,the Tax Act expressly grants the
Commission authority to"implement and enforce"this and other provisions of Title VI of that Act"as if this title is
a part of the Communications Act of 1934(47 U.S.C. 151 et seq.)." Tax Act§6003.
4 47 C.F.R.Part 1,App.B,Nationwide Programmatic Agreement for the Collocation of Wireless Antennas,§I.0
(Nationwide Collocation Agreement).
1
size is ordinarily excluded from the Commission's required historic preservation review under Section
106 of the National Historic Preservation Act(NHPA).5 The Commission later adopted the same
definition in the 2009 Declaratory Ruling to determine whether an application will be treated as a
collocation when applying Section 332(c)(7)of the Communications Act of 1934.6 The Commission has
also applied a similar definition to determine whether a modification of an existing registered tower
requires public notice for purposes of environmental review.'
Under Section I.0 of the Nationwide Collocation Agreement,a"substantial increase in the size of the
tower"occurs if:
1)[t]he mounting of the proposed antenna on the tower would increase the existing 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,except that
the mounting of the proposed antenna may exceed the size limits set forth in this paragraph
if necessary to avoid interference with existing antennas;or
2) [t]he mounting of the proposed antenna would involve the installation of more than the
standard number of new equipment cabinets for the technology involved,not to exceed four,
or more than one new equipment shelter;or
3) [t]he mounting of the proposed antenna would involve 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, except that the mounting of the proposed antenna may exceed the size limits set
forth in this paragraph if necessary to shelter the antenna from inclement weather or to
connect the antenna to the tower via cable;or
4) [t]he mounting of the proposed antenna would involve excavation outside the current
tower site,defined as the current boundaries of the leased or owned property surrounding the
tower and any access or utility easements currently related to the site.
Although Congress did not adopt the Commission's terminology of"substantial increase in size"in
Section 6409(a),we believe that the policy reasons for excluding from Section 6409(a)collocations that
substantially change the physical dimensions of a structure are closely analogous to those that animated
the Commission in the Nationwide Collocation Agreement and subsequent proceedings. In light of the
Commission's prior findings,the Bureau believes it is appropriate to look to the existing definition of
"substantial increase in size"to determine whether the collocation,removal,or replacement of equipment
5 See 16 U.S.C.§470f see also 47 C.F.R.§ 1.1307(a)(4) (requiring applicants to determine whether proposed
facilities mayaffect properties that are listed,or are eligible for listing,in the National Register of Historic Places).
P P g� g� g
6 See 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.46&n.146
(2009)(2009 Declaratory Ruling),recon.denied,25 FCC Rcd. 11157(2010),pet.for review denied sub nom. City
of Arlington, Texas v.FCC,668 F.3d 229(5th Cir.),cert.granted,113 S.Ct.524(2012);47 U.S.C.§332(c)(7).
' See 47 C.F.R.§ 17.4(c)(1)(B);National Environmental Policy Act Compliance for Proposed Tower Registrations,
WT Docket No.08-61,Order on Remand,26 FCC Rcd. 16700,16720-21,para.53(2011).
rl
2
pit
[x.
2
on a wireless tower or base station substantially changes the physical dimensions of the underlying
structure within the meaning of Section 6409(a).
What is a"wireless tower or base station"?
A"tower"is defined in the Nationwide Collocation Agreement as"any structure built for the sole or
primary purpose of supporting FCC-licensed antennas and their associated facilities."'The Commission
has described a"base station"as consisting of"radio transceivers,antennas,coaxial cable,a regular and
backup power supply,and other associated electronics."9 Section 6409(a)applies to the collocation,
removal,or replacement of equipment on a wireless tower or base station. In this context,we believe it is
reasonable to interpret a"base station"to include a structure that currently supports or houses an antenna,
transceiver,or other associated equipment that constitutes part of a base station.10 Moreover,given the
absence of any limiting statutory language,we believe a"base station"encompasses such equipment in
any technological configuration,including distributed antenna systems and small cells.
Section 6409(a)by its terms applies to any"wireless"tower or base station. By contrast,the scope of
Section 332(c)(7)extends only to facilities used for"personal wireless services"as defined in that
section.11 Given Congress's decision not to use the pre-existing definition from another statutory
provision relating to wireless siting,we believe the scope of a"wireless"tower or base station under
Section 6409(a)is not intended to be limited to facilities that support"personal wireless services"under
Section 332(c)(7).
May a state or local government require an application for an action covered under Section
6409(a)?
Section 6409(a)states that a state or local government"may not deny,and shall approve,any eligible
facilities request...." It does not say that a state or local government may not require an application to be
filed. The provision that a state or local government must approve and may not deny a request to take a
covered action,in the Bureau's view,implies that the relevant government entity may require the filing of
an application for administrative approval.
8 See Nationwide Collocation Agreement, § I.B.
9 See Implementation of Section 6002(b)of the Omnibus Budget Reconciliation Act of 1993,WT Docket No. 10-
133,Annual Report and Analysis of Competitive Market Conditions With Respect to Mobile Wireless,Including
Commercial Mobile Services,Fifteenth Report, 26 FCC Rcd.9664,9481,para.308(2011).
1° See also 47 C.F.R.Part 1,App.C,Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process,§ILA.14(defining"tower"to include"the on-site fencing,equipment,
switches,wiring,cabling,power sources,shelters,or cabinets associated with that Tower but not installed as part of
an Antenna as defined herein").
1147 U.S.C.§332(c)(7)(A). "Personal wireless services"is in turn defined to mean"commercial mobile services,
unlicensed wireless services,and common carrier wireless exchange access services." Id. §332(c)(7)(C)(1).
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Is there a time limit within which an application must be approved?
Section 6409(a)does not specify any period of time for approving an application. However,the statute
clearly contemplates an administrative process that invariably ends in approval of a covered application.
We believe the time period for processing these applications should be commensurate with the nature of
the review.
In the 2009 Declaratory Ruling,the Commission found that 90 days is a presumptively reasonable period
of time to process collocation applications.12 In light of the requirement of Section 6409(a)that the
reviewing authority"may not deny,and shall approve"a covered request,we believe that 90 days should
be the maximum presumptively reasonable period of time for reviewing such applications,whether for
"personal wireless services"or other wireless facilities.
Wireless Telecommunications Bureau contact: Maria Kirby at(202)418-1476 or by email:
Maria.Kirby@fcc.gov.
-FCC-
For more news and information about the Federal Communications Commission
please visit:www.fcc.e.ov
12 See 2009 Declaratory Ruling,24 FCC Red.at 14012-13,paras.46-47.
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APPENDIX
SEC.6409.WIRELESS FACILITIES DEPLOYMENT.
(a)FACILITY MODIFICATIONS.
(1)IN GENERAL.Notwithstanding section 704 of the Telecommunications Act of 1996(Public Law
104-104)or any other provision of law,a State or local government 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.
(2)ELIGIBLE FACILITIES REQUEST.For purposes of this subsection,the term "eligible facilities
request"means any request for modification of an existing wireless tower or base station that involves—
(A)collocation of new transmission equipment;
(B)removal of transmission equipment;or
(C)replacement of transmission equipment.
(3)APPLICABILITY OF ENVIRONMENTAL LAWS.Nothing in paragraph(1)shall be construed to
relieve the Commission from the requirements of the National Historic Preservation Act or the National
Environmental Policy Act of 1969.
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