REVIEWED PLN BLD2023-0511+EFR Letter+4.25.2023_9.29.49_AM+3503191-------------
Reviewed by
City of Edmonds ;
AT&T'
Planning Division
'---------------
04/25/2023
City of Edmonds
121 5th Ave N
Edmonds, WA
98020
RECEIVED
Apr 25 2023
CITY OF EDMONDS
DEVELOPMENT SERVICES
DEPARTMENT
BLD2023-0511
Re: New Cingular Wireless PCS, LLC ("AT&T") building permit application
("Application") for collocation at the existing wireless telecommunications
facility located at 9617 Firedale Ave
Application Submittal under Section 6409
Dear City off Edmonds
On behalf of AT&T, we are submitting this application to modify the exiting wireless site at the
above -referenced address as eligible facilities request under Section 6409, as described below.
Please find enclosed the following documents in support of AT&T's Application:
1. Signed and Stamped Construction Drawings
2. Structural Analysis
3. Mount Analysis
4. FCC Statement of Compliance
5. Statement of Financial Responsibility/ Agent Authorization
6. Salvage Assessment
7. Non -Ionizing Emission Report (VIER)
Background/A1111licable Law
Section 6409 of the Federal Middle Class Tax Relief and job Creation Act ("Section 6409") was
adopted in 2012. Under Section 6409, the City of � refa°ins sdiscretionary zoning review over
the construction of certain new wireless facilities such as new towers, but collocations and/or
equipment upgrades at existing telecommunications facilities must be approved. The law, now
codified at 47 U.S.C. § 1455, provides that:
[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.
The federal law defines an "eligible facilities request" as "(A) collocation of new transmission
equipment; (B) removal of transmission equipment; or (C) replacement of transmission
equipment."
2
Since the law's passage, the Federal Communications Commission ("FCC") established
regulations that clarify and streamline the municipal approval process for eligible facilities
requests under Section 6409.
These regulations• clarify that municipal review of an eligible facilities request is limited to
determining whether the request falls within Section 6409:
[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 [47 C.F.R. § 1.6100]. 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.
47 C.F.R. § 1.6100(c)(1).
AT&T's Application is an Eligible Facilities Request under Section 6409
AT&T's Application qualifies as eligible facilities request under Section 6409 because the
proposed installation involves "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
Accordingly, AT&T's installation involves the collocation of new transmission equipment that will
not substantially increase the height of the structure nor the dimensions of the equipment compound.
As a result, the installation does not substantially change the physical dimensions of the structure.
Component
Federal Section 6409 Limits
AT&T's Proposed
Modification
Increase height of original structure
10 feet or less
Antennas extending horizontally
from edge of structure
6 feet or less
Antennas extend less than 6
feet horizontally from edge of
structure
'The 6409 regulations were previously codified at 47 C.F.R. § 1.40001.
247 U.S.C. § 1455(a)(1).
3-foot
height
increase
3
Additional equipment cabinets
4 or fewer (does not include
No additional equipment
separately mounted radios and
cabinets.
other pieces of equipment);
no new ground -mounted
cabinets if there were none
before; if there were ground -
mounted cabinets, then no
new ground -mounted cabinets
more than 10% larger than the
existing cabinets
Timeline for Review and A112roval
We would like to highlight an important timing requirement for processing this Application. The
FCC determined that a municipality must act on eligible facilities request within sixty (60) days
of receiving the application. 47 C.F.R. § 1.6100(c)(2). (Note, this sixty (60)-day period is also
known as the "Shot Clock.")
A municipality may toll the Shot Clock by providing written notice that an application is
incomplete within thirty (30) days of its submittal. 47 C.F.R. § 1.6100(c)(3)(i). The notice must
"clearly and specifically" describe the missing documents or information, 47 C.F.R.
§ 1.6100(c)(3)(i), and, as previously mentioned, such documentation must be necessary to the
determination of whether an application qualifies as an eligible facilities request.
In light of the foregoing, AT&T respectfully requests that its proposed wireless site modification
be approved pursuant to Section 6409.
AT&T's team wants to work with you to make this project a success. If the City of Edmonds
believes that AT&T's Application does not qualify as eligible facilities request under Section
6409, please let me know as soon as you are able. Otherwise, if you have any questions, please
feel free to call or email me.
Thank you for your consideration of AT&T's proposal.
Best,
Maggie Barringer
Zoning & Permitting Specialist
MasTec Network Solutions
1351 E. Irving Park Road
Itasca, IL 60143
Email: Maggie.Barringergmastec.com 11351 E. Irving Park Road I Itasca, IL 60143 1 Phone: 810.874.8218 1 Website:
www.mastec.com