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HomeMy WebLinkAbout2005 03 07 Informational 300 Distributed by Manager McLemore Date: March 7, 2005 The following Document was distributed by Manager McLemore during the March 7, 2005 City Commission Workshop. REGULATING TOWERS & WIRELESS FACILITIE.S PRESENTED TO THE FLORIDA LEAGUE OF CITIES CONFERENCE August, 2003 by T'. ..............'H..... .. E.................. Ci..... E.................N.... .....T.... ................E....R......) :. ......... ....,.......,., " .,.......,...;...:;. ".........,.; .'. ," . - - :. " .: - "' . . - . ". . '. '. " , . '. . . .. . .', . ,'," . . " - . :.,-,.::, ......, .......- ...........,.............: ..................;.-:... '...............'......;. '....: .......: ......:. ........................;. ......:. ........ F.............O.............R........./ ....... ,.0 . . . . , . .. .... - "~. ..~ .... M.............. .., .. U.. · N.I.C...............I.. pc ,'.A'" L. S............O............L.. U. ..T....... ..............1..0,/. 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You can create A ' Win-Win-Win' Outcome and at the Same Time Guarantee. . . · NO NEW TOWERS. . . UNLESS THERE IS ABSOLUTELY NO AL TERNA TIVE AND THIS CAN BE ABSOLUTELY PROVEN] · ANY TOWER ACTUALLY PROVEN TO BE NEEDED WILL BE THE MINIMUM HEIGHT NEEDED WITHOUT AFFECTING THE ABILITY OF MULTIPLE CARRIERS TO CO-LOCATE ON IT · THE COMMUNITY WILL ALWAYS BE IN ABSOLUTE CONTROL OF THE ISSUE · THE COMMUNITY CAN DEVELOP NEW SOURCES OF NON- TAX REVENUE · ALL OF THIS IS DONE FORNo COST TO THE COMMUNITY IT's WORKED FOR MORE THAN 500 COMMUNITIES IN 17 STA TES. . . AND THE NA TIONAL PARK SERVICE AND IT WILL WORK IN YOUR COMMUNITYI The issue of towers and wireless telecommunications facilities should never again be a problem or be a matter that you don't feel comfortable dealing with. ANY COMMUNITY CAN TAKE A POTENTIALLY VERY SERIOUS SITUATION AND MAKE IT VIRTUALLY INNOCUOUS I The wireless industry has publicly acknowledged the need for at least 3-4 times the number of sites as it has needed to- date. This will mean nearly I million (1,000,000) new sites over the next few years. As examples of this and as the first steps in the deployment plan, one the major national carriers has just put into place its plan to construct 7,000 new sites over the next 1 to 2 years and another carrier plans has started deploying an additional 2,000 sites/facilities in New York State, alone. 2 Does it Work? Read the following response to an inquiry to this question -----Orig inal Message----- From: Harvell, Ronne Sent: Tuesday, July 01, 2003 12:36 PM To: 'Renea W. Black' Subject: RE: Response to Reference Check for Cedar Grove, FI. re Wireless Communications Renea, We have been associated with The Center for Municipal Solutions since 1997 and have found this relationship to be a good one for our city. They began their association with us related to wireline issues (cable) and then we moved into the wireless issue in 1999. It is rather ironic in that we had been trying to develop our own regulations for tower siting for over a year and had gone through a couple of moratorium periods with no success in developing a workable law and were on the verge of being sued. Coincidentally, I mentioned this in a meeting with Mr. Monroe and he indicated that his firm also provided consulting services related to wireless. To expedite this story I will simply state that within one month of that conversation we had adopted the ordinance that his firm provided and have had only positive results since that time. Since its adoption we have generated over $100k in application fees alone and have processed over 40 applications for wireless facilities, better than 90% of which are co-locations that no one even notices. So rm<<:h far often-heard concerns about kx:al ~ sWwing dorm the exprmsion if service and deploynent if new t<<:hnohgy. CMS~ approach actually enabkd us to facilitate the expansion if service without the negatiLe impact an the ammunity often associated with wireless facilities. In addition, we used the firm to assist us with leases for sites on municipal properties and these leases have a combined value of over $5 million dollars. The beauty of the whole relationship is that we have incurred no cost for basically an unfettered access to experts in this particular field. These RF engineers, structural engineers, civil engineers and former telecom industry executives are not something that we could have on staff. Yet with this type of arrangement it is almost like they are on staff, because they are always available to assist and advise us and keep us out of trouble. Essentially, if you want, you can choose to have a turnkey arrangement where you simply designate a liaison for the community and they do the rest or you can be as involved as you like. Needless to say, we are quite pleased with this relationship and the results that we have achieved. Personally I have always subscribed to the notion that if it sounds too good to be true then it generally is, but in this particular case the adage does not hold true. This process that you are being told about really does work and I can recommend it and the firm to you without any reservations. Please feel free to call me at 256-341-4545 if I can be of any further assistance to you in this regard. Ronne Harvell 3 GOAL / PURPOSE OF REGULATING TOWERS AND WIRELESS FACILITIES ASSURE A RATIONAL, REASONABLE, ORDERLY ApPROACH THAT GIVES THE CARRIER WHAT IT NEEDS. . . AND AT THE SAME TIME ASSURES THAT ANY TOWERS OR CO-LOCATED FACILITIES HAVE THE MINIMAL VISUAL IMPACT AND EFFECT AND PROTECTS THE NA TURE AND CHARACTER OF THE COMMUNITY. The Only Federal Limitations on Local Authority 1. You may not discriminate among functionally equivalent service providers 2. You may not lJrohibit or act in a manner that has the effect of prohibiting the provision of wireless service in the community, e.g. can't be 'zoned' out 3 . You may not take an unreasonable amount Q[ time to act on application taking into account the nature and scope of what is being requested (after a comlJlete application is filed) 4. You may not deny an application based on RF (NIER) Emissions if the applicant meets the FCC's standards for RF Emissions 5. A denial of an application must be in writing and be supported by substantial evidence contained in a written record 4 What a Community May Regulate and Control COMMUNITIES ARE PERMITTED TO REGULATE AND CONTROL All OF THE FOllOWING. AND MORE, IF IT'S DONE CORRECTLY WHICH OF THE FOllOWING CAN YOU JUSTIFY NOT ADDRESSING 1. Cost of Expert Assistance - No Cost to Community- Can be required to be paid for by Applicant 2. No towers on 'Speculation', i.e. without a carrier/service provider who can prove the need for the facility Note: Tower companies (by themselves) have no 'standing 'under federal law . . . and should not under local regulations. Tower companies have no 'need' without a carrier that has proven a need. 3. Verification/Determination of actual Need- How do you know that the Tower or Wireless Facility is really needed? You'd probably be surprised at how many times no real need can be proven by the applicant. 4. Location - You can orioritize preferred locations. . . without violating the prohibition against 'zoning them out'. Keep them from where you don't want them. S. Height - Does it really have to be as tall as the service provider says? Very seldom! 6. Appearance/Visibility - A wireless facility should use the least visuallv and ohvsicallv intrusive oossible that is not commercially or technologically impracticable. 7. Reauire co-location of facilities to minimize the number of towers - Today, a tower and other support structures can often accommodate several times the number of carriers they have historically been able to, thereby reducing the total number of towers needed. 8. Total Number of Sites in the Community 9. Application Fees - Amount 10. Non-tax Revenue 11. Verification of compliance with the FCC's RF Emission Safety Standards 12. Aesthetics/ Appearance - It doesn't have to be recognizable as a tower or wireless facility 13. Lighting - Lighting can be controlled and even prohibited 14. Setback 1 S. Signage 16. Screening 17. Structural Adequacy and Integrity 18. Site Security 19. Utilities (Underground versus Aerial) 20. Removal Bond (In the event the facility is ever abandoned) 21. Indemnification for use of municipally-owned property 22. Insurance 23. Interference with other communications & electronic devices 24. Inspection to assure that what is constructed is what was permitted 5 CREATING A 'WIN-WIN-WIN' SITUATION What is the kev issue for applicants? How can a community actually facilitate and expedite the process for the applicant? THE RIGHT WIRELESS APPLICATION PROCESS 1. Applicant Approaches community 2. Community tells applicant to call consultant. Consultant handles the application from this point, unless community staff wishes to be involved. 3. Applicant provides escrow account funds to pay for expert assistance. This is not a 'fee', since any unexpended money is returned. 4. Set up pre-application meeting and site visit, including applicant, consultant & municipal representative, e.g. Code Enforcement Officer or Building Inspector. 5. Applicant submits application & application fee. This is different than escrow deposit for expert assistance. 6. Consultant reviews application and requests changes or additional information from applicant, as may be needed or required. 7. Consultant provides recommendation vis-a-vis the grant of the Special Use Permit, with conditions if appropriate, or denial if warranted. 8. Public hearing scheduled, ifrequired. 9. Community approves, approves with conditions, or denies Special Use Permit. 10. Consultant ensures completion of conditions of Permit and recommends issuance of Building Permit when conditions are completed. 11. Community issues Building Permit. 12. Consultant reviews and inspects construction when complete to insure compliance with Permit, and recommends issuance of Certificate of Compliance, Completion or Occupancy (as appropriate ). 13. Community issues Certificate of Compliance, Completion or Occupancy. 14. Applicant initiates service. 6 MISCONCEPTIONS For a list of the many "misconceptions", and a discussion explaining the truth about each one, that are perpetrated by many members of the wireless industry and the tower industry (2 different industries and treated differently under the law) go to www.telecomsol.com and click on the "Wireless" link. TOWERS AND WIRELESS FACILITIES. . . 1 MILLION MORE ARE You PREPARED TO DEAL WITH THE SITUATION? By: L.S. (Rusty) Monroe & Richard Comi Co-Founders of The Center for Municipal Solutions Written for PSATS (Pennsylvania State Association of Township Supervisors) How to minimize the number and visual impact of telecommunications towers and wireless facilities Most people are not aware of the fact the wireless telecommunications industry has acknowledged that it will need as many as 1 million more facilities (i.e. sites) in the next several years. While in the short term there are certainly issues of a more critical nature facing most communities, few will have more of a long term, permanent impact and effect on the nature and character of a community than this issue, even if the new facilities are co-located on existing structures. The number, placement and appearance of these facilities goes to the heart of preserving the nature and character of a community and the effects of today's decisions regarding these facilities will have to be lived with for decades. What is the cause or reason for this situation? The full answer is somewhat complicated, but a short explanation is that the carriers are deploying wireless internet access service. However, to do so they need to eliminate the fringe or marginal areas. This is accomplished by having much smaller areas served by each site, since due to size of the current service areas, there is often intermittent, spotty or otherwise unreliable coverage on the fringes. Eliminating the marginal fringe areas is critical for such services as electronic funds transfers (EFT's) where the service must be absolutely 100% reliable. (For example, if a single digit is dropped, there are major problems. Another cause for the situation is the fact that more and more sites no longer have the capacity to deal with the number of calls due to the number of cell phone users and their call activity, especially during peak times, resulting in calls being blocked or dropped. Thus, the carriers need to upgrade the capacity of the existing sites, as well as add new sites to hand-off the excess call volume. Just these two situations alone, internet access and the need to increase call-handling capacity, will in the near future result in 3 to 4 times the number of sites currently in the most communities. Many are already seeing a new round of applications for new sites. For example, in a mere 150 mile by 100 mile area of western New York state, one of the major carriers has announced that it will need an additional 1,800 sites in the next year, in addition to the several hundred already in place. Lastly, there are new technologies, new services and new service providers emerging that were never even contemplated when the 1996 Telecommunications Act was adopted and when most current local ordinances or regulations were adopted. These include, but are far from limited to, wireless high-speed broadband access provided by wireless Local Area Networks (LAN's) and Metropolitan Area Networks (MAN's) operating at broadband speeds, and a new service and technology known as Wi-Fi, both of which will require many more sites than the current cellular, SMRS or PCS service. A single Wi-Fi 7 provider, in a moderately sized community of just 5 miles by 2 miles, could require as many as a dozen sites, since the coverage is merely a few hundred yards in most instances. Imagine what the situation will be if there are just 2 or 3 Wi-Fi providers! Even rural communities are getting between 4 and 6 applications at a time from each of the current carriers, just because of wireless internet service and a lack of capacity of current sites, and this doesn't even count Wi-Fi and MAN ~plications. How do you deal with the situation? By being proactive and being prepared to address it, but in a way that enables everyone to "win" and that doesn't slow down the deployment of the new technology or expanded coverage in the community, yet assures that the community always controls the issue. If not addressed properly, communities will almost assuredly have many more sites than are really needed, the sites will be more visually intrusive than necessary and the community won't know if they're safe, i.e. built in compliance with applicable federal law, rules and regulations 2. In this context we strongly recommend updating and revising current tower and wireless regulations to reflect the current and anticipated situation. It is recommended that all communities have their tower and wireless facilities ordinances or regulations updated and revised to reflect the current and anticipated situation and the current state of the art of the industry vis-a-vis siting of towers and wireless facilities 3. This is simply too important an issue not to be proactive about, especially given the permanent effects on the nature and character of the community and the economic development benefits that can accrue, ifhandled correctly. Need for Expert Review & Analysis - A Case Study For those who don't perceive or understand the need for expert reviews and analyses of applications, the following is the raw data that is needed just to determine the following most basic issues: 1. If a wireless facility is needed at all; 2. If a new tower is needed, or if adjacent sites can be adjusted (reengineered) to reduce the needed height and thus potentially eliminate the need for a new tower; and 3. The minimum height needed to meet the needs of the applicant. Sit. 10 Ambient T.... Antenna Used Antenna Gain Azimuth/Mechanical Radio Power per Loss -= cable + ERP per voice ERP In Watts Maximum Unable H.lght (dBd).[A] downtltt ~~i channol (dBm) Jumper + Mise (dB) .. channel (dBm) . Power (Watts) [e]' o. [BoC.Al Site appUed for 7()'90ft, Allgon 7542,00 15,50 40, 120,2401 0 dog 41.00 3.43 53,07 203 203 Adjacent site 7()'90 ft, Allgon 7262,02 14,00 70,200, 3001 0 dog 41.00 4,25 50,75 11g 11g Adjacent site 7()'90ft, Allgon 7542.00 15,50 65.210,3201 0 dog 41.00 4,25 52,25 168 168 2 The FCC's Wireless Bureau simply does not have the staff to monitor, much less police, hundreds of thousands of sites nationally. Thus, without municipal oversight, this becomes a self-policing situation for the industry. As Ronald Reagan said, responsible government "Trusts. . . but verifies". 3 For example, the technology now exists in certain instances to accommodate multiple carriers at the same height, the result of which is that new towers can now be "shrunk" or significantly shorter and much less visually intrusive, if one knows when and how to require such. 8 Assumptions for preceding calculations: Radio Power 933012022 (NE St.m) 933012001 (Lyons) 933012121 (Bouldlng) Maximum Tx Power (dBm) 44,5 44,5 3,5 3,5 41 41 0.315 0,315 2,2 3,02 0,315 0,315 0,6 0.6 3.43 4.25 44.5 Hybrid Combiner & FI~er loss (dB) 3.5 Effective Radio Power (dBm) 41 Losses Top jumper loss (dB) 0.315 Main feeder (Roo center +20) D55 (dB) 3,02 (Cable toss/100' for 1 518~ cable ls 1.16 dB) Bottom jumper D55 0,315 Connector losses 0,6 Total losses (dB) 4.25 Note: The above calculations give the figures to catculate the ERP (effective radiated power) from each site at the antenna and consklered in the batanced link calculations. Other factors such as polarization losses. fade margins. body losses affect the signal path for the received signal at the receiver. The preceding are the assumptions used by the applicant in calculating the Effective Radiated Power (ERP) that need to be understood to determine the validity of the conclusions shown on a propagation study. The issues include the most basic of issues that need to be determined, those being proving: 1. The need for the site in the first place 2. The need for a tower, or whether the facility can be co-located on an existing structure 3. The height of the facility or the height of attachment to the facility Otherwise, the propagation studies are virtually useless from the community's perspective. Note that in this instance several of the losses used in the calculations are incorrect, i.e. excessive, and skewed the results to attempt to justify a new tower of 190 feet. Had the information not been provided and had the analysis not been done by experts, the community would have had another unnecessary tower. This is intended to demonstrate that to even address the most basic issues one must know and understand RF propagation and the engineering data used to produce the propagation studies, as well as what the numbers and answers should be. Understandably, the staffs of very few communities are trained in RF engineering and propagation analysis and interpretation. While this is not rocket science or quantum physics, as the preceding shows it is not a simple matter to analyze and requires substantial specialized experience and expertise. If a community has the expertise in house (technically qualified experts) to analyze this information and make a determination, it probably doesn't need assistance. However, if it does not have its own experts who know what information to require, what the numbers should be, how to verify the calculations and how to use the information, as well as what less intrusive alternatives could work, then it should seriously consider getting expert assistance. If not, the community is not even addressing the most basic issues and will have no means or hope of controlling the matter and protecting the nature and character of the community. It will simply have a "process" that doesn't do much more than create a "form over substance" situation and the community ends up simply going through the motions, but with no meaningful effect. The good news is that, if handled correctly, communities should be able to get the needed ordinance or regulations (or revisions to their current ordinance or regulations), as well as the needed expert 9 assistance, both of which are needed to assure that the community is truly in control, at no cost to the community . Be Proactive! The issue of controlling towers and wireless facilities is a classic example of the need to be proactive, since once applications are received, it's too late, as applications must be processed under whatever regulations are in place. Given the long-term, permanent effects of not controlling the matter, coupled with the fact that there should be no cost involved to get meaningful and effective regulations in place and the needed expert assistance, the question becomes, "Why wouldn't the community want to do what's necessary to take control of this issue?" 10 PROFESSIONAL BIOGRAPHIES OF PRINCIPALS CO-FOUNDER Lawrence (Rusty) Monroe Mr. Monroe has 25 years experience in the cable and telecommunications field. He has spent the past 14 years assisting, advising and representing municipalities in telecommunications related matters. Prior to deciding to dedicate his career to representing the public sector and "equalizing" the situation faced by local officials, he spent 11 years in the cable industry, 7 of which were as Corporate Vice President of Cablevision Industries, Inc" for which he was largely responsible for helping to take from a small 20,000 subscriber company into the largest privately owned cable company in the nation before it was sold for almost $3 billion ($3,000,000,000). He was particularly well known when in the industry for assuring that control of situations was vested in his hands, and in particular placing towers where he wanted them, almost regardless of local regulations, and was never once taken to task for it. His work was responsible for the placement and construction of scores of towers and microwave and other wireless communications facilities. Mr. Monroe has been widely published in both state and national publications, and is regularly called upon as a lecturer to national, regional and state municipal organizations and Bar Associations, and been a lecturer for Continuing Legal Education accredited courses for Attorneys in New York State. CO-FOUNDER Richard Comi Mr. Comi is a graduate of the Unites States Military Academy at West Point and holds an MBA from Syracuse University. He is a former Director of Network Operations New York Telephone and NYNEX and the former Vice President and COO of Cellular One of Upstate New York. His knowledge of the telephone, cellular and PCS industries is virtually unique in the arena of consultants that exclusively serve local governments. The result is the loss of the 'monopoly of knowledge' previously held by the industry when dealing with local officials. He has assured that clients are always in control and has prevented numerous communities from making costly mistakes, some of which would have been virtually irreversible. In addition, his ability to deal with operators as a true equal has resulted in gains for municipalities that they never expected. Just one example is obtaining $2.1 million as rent for a single site located on public property. His knowledge goes well beyond the mere technology and the operations of a company, and includes the legal and procedural requirements associated with telephony, cellular, PCS and paging applications and permitting. Mr. Comi is a regular lecturer to various state and national municipal organizations 11 A Few (Geographically diverse) Client Communities TOWER & WIRELESS FACILITIES SITING REGULATION City of Quincy. Florida Arleene Sheehan, Planning Director (850) 627-7681 - Ext. 226 City of Decatur. Alabama Ron Harvelle; Revenue Officer & TelecomjR-O-W Administrator; (256) 341-4545 City of Ooelika. Alabama Mike Moore; Revenue Officer (334) 705-5161 Barbara Patton; Mayor 334-705-5150 City of Athens. Alabama Mignon Bowers; City Clerk (256) 233-8720 Dan Williams; Mayor 256-233-8730 City of Sheffield. Alabama Hon. Ian Sanford, Mayor (256) 383-0250 Vince McAlister, City Attorney 256-383-4448 Clayton Kelly, City Clerk 256-383-0250 City of Gulf Shores. Alabama Chuck Hamilton, Public Works Director (251) 968-1155 Town of Plattsburqh. New York Andrew Abdallah; Supervisor: (518) 562-7884 Town of Beekmantown. New York Dennis Relation; Town Supervisor (518) 563-4650 or 561-0330 Town of Cortlandt. New York Barb Miller; Code Enforcement Officer: (914) 734-1010 County of Johnston. North Carolina Rick Hester; County Administrator: (919) 989-5100 County of Davie. North Carolina John Gallimore: Planner: (336) 751-3340 12