HomeMy WebLinkAboutADM25-0001 6409 Project Support Statement - Thermalito6409 Project Support Statement
Re: Sacramento Valley LP (“Verizon Wireless”) Development Review for a 6409 Eligible Facilities
Request of a collocation at the existing wireless telecommunications facility located at 1527 16th
Street, Oroville, CA 95965 – APN 030-110-081-000.
Dear Butte Planning,
Section 6409 of the Federal Middle Class Tax Relief and Job Creation Act (“Section 6409”) was
adopted in 2012. Under Section 6409, your city retains discretionary zoning review over the
construction of new towers, but simple collocations and/or equipment upgrades at existing
telecommunications facilities must be approved. The new law 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.” (Emphasis added.)
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.” (Emphasis added.)
Also, the Federal Communications Commission issued a Wireless Infrastructure Report and Order
on October 17, 2014 (“FCC Order”) which established regulations that clarify and streamline the
municipal approval process for eligible facilities requests under Section 6409. A copy of the FCC
Order is enclosed herewith.
The FCC Order clarifies 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 (Section 6409). 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. 1.40001(c)(1) (Emphasis added).
Verizon’s Application is an Eligible Facilities Request under Section 6409
Verizon’s application qualifies as an 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.” As shown
on the plans prepared by Streamline Engineering & Design dated October 11,2024, Verizon’s
proposed installation consist principally of the following elements:
1. Install sixteen (16) panel antennas mounted and placed at a centerline between 94’ and 98’
onto an existing 80’ telecommunications tower that currently houses one other carrier. A
20’ height extension will be added under 6409 guidelines for a new, maximum allowed
height of 100’.
2. Install One (1) 30kw standby diesel generator with a 210-gallon fuel tank and placed on a
400’ sq ft concrete pad.
3. All Verizon equipment will be inside the existing lease area. No added land required.
Accordingly, Verizon’s installation involves the “collocation of new transmission equipment that
will NOT increase the height of the tower of no more than 20 ft. As a result, the installation “does
not substantially change the physical dimensions of such tower or base station.” Therefore, these
proposed equipment upgrades constitute an “eligible facilities request” under Section 6409 and
must be approved.
Timeline for Review and Approval
We would like to highlight an important timing requirement for processing this application. The FCC
Order determined that a municipality must act on eligible facilities request within sixty (60)
days of receiving the application. 47 C.F.R. 1.40001(c)(2) (Emphasis added). (Note, the sixty (60)-
day period is also known as the “Shot Clock”). Thus, the city must approve this application within
sixty (60) days of its receipt. The FCC Order provides that upon a municipality’s failure to act prior
to expiration of the Shot Clock, the “request shall be deemed granted” and Verizon will be legally
entitled to proceed with construction. 47 C.F.R. 1.40001(c)(4) (Emphasis added).
Note that the FCC Order does allow the Shot Clock to be tolled if an application is incomplete.
However, in order to do so, a municipality must provide written notice that the application is
incomplete within thirty (30) days of the submittal. 47 C.F.R. 1.40001(c)(3)(i). The notice must
“clearly and specifically” describe the missing documents or information, 47 C.F.R.
1.40001(c)(3)(i), and, as previously mentioned, such documentation must be necessary to the
determination of whether the application qualifies as an eligible facilities request. If the
municipality requests additional information after the first thirty (30) days have passed, we will still
provide any “reasonably related” information allowed under the FCC Order, but the Shot Clock will
not be tolled.
In light of the foregoing, Verizon Wireless respectfully requests that its proposed wireless
modification be approved pursuant to Section 6409.
If the County believes that Verizon’s application does not qualify as eligible facilities request under
Section 6409, please let me know immediately. Otherwise, if you have any questions, please feel
free to contact me at the below information.
Thank you for your cooperation,
Steve Proo
Planner – Land Use Development
Complete Wireless Consulting
sproo@completewireless.net
2009 V Street
Sacramento, CA 95818
Cell – 916-838-6713