20-103097-SE04661A Eligible Facilities Request Letter-08-07-2020-v1
9725 3rd Ave NE, Suite 410
Seattle, WA 98115
www.taec.net
08/07/2020
City of Federal Way
Department of Community Development
33325 8th Avenue South
Federal Way, WA 98003-6325
RE: Eligible Facilities Request to Modify Transmission Equipment at an Existing Base Station
located at 33003 20th PL SW, Federal Way, WA 98023.
Dear City of Federal Way:
A. T-Mobile is Filing an Eligible Facilities Request
Technology Associates, on behalf of T-Mobile USA, Inc. (“T-Mobile”) is submitting the attached Eligible
Facilities Request application to add, remove, modify, or replace Transmission Equipment (the “Request”)
at an Existing Base Station located at 33003 20th PL SW in the City of Federal Way (“City”).
This Request is governed by Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012,
commonly known as the “Spectrum Act” (Pub. Law No. 112-96, 126 Stat 156) and the Federal
Communications Commission’s (“FCC’s”) implementing regulations at 47 C.F.R. § 1.6100. Section 6409(a)
of the Spectrum Act states that state and local governments “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.” Under Section 6409, an Eligible Facilities
Request is any request to modify a Tower or Base Station that involves “collocations of new Transmission
Equipment,” “removal,” or “replacement” of Transmission Equipment.
B. Why this Eligible Facilities Request Must Be Granted
Consistent with federal law, the enclosed Request involves a proposal to collocate, remove, modify, or
replace Transmission Equipment at an existing Base Station for use by a FCC licensed wireless carrier. The
FCC has defined Base Station as “the equipment and non-tower supporting structure at a fixed location
that enable Commission-licensed or authorized wireless communications between user equipment and a
communications network . . . the term includes equipment associated with wireless communications
service including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and
backup power supply, and comparable equipment.” The term existing Base Station also includes a structure
9725 3rd Ave NE, Suite 410
Seattle, WA 98115
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that currently houses or supports an antenna, transceiver or other associated equipment that constitutes
part of a Base Station at the time the application is filed even if the structure was not built solely or primarily
to provide such support. The existing Base Station in this application is a PSE owned utility pole that is 93.9’
high and presently contains wireless facilities.
In its implementing regulations, the FCC determined that any modification to an existing Base Station that
meets the following six criteria does not substantially change it (47 C.F.R. § 1.6100(b)(7)), and therefore
such project is an Eligible Facilities Request (“EFR”) under the Spectrum Act that must be granted:
1. The modifications to the Transmission Equipment do not increase the height of the Base
Station by more than 10 percent (10%) or ten (10) feet, whichever is greater.
2. The modifications to the Transmission Equipment do not protrude from the edge of the
support structure by more than six (6) feet.
3. The modifications to the Transmission Equipment do not involve the installation of more than
the standard number of equipment cabinets for the technology involved, not to exceed four.
4. The modifications to the Transmission Equipment do not entail any excavation or deployment
outside of the Base Station site.
5. The modifications to the Transmission Equipment do not defeat any existing concealed or
stealth-design.
6. The modifications to the Transmission Equipment comply with prior conditions of approval of
the Base Station, unless the non-compliance is due to an increase in height, increase in width,
addition of equipment cabinets, or new excavation that does not exceed the corresponding
“substantial change” thresholds in numbers 1-4.
The proposed project will involve the replacement of (3) existing antennas with (7) new antennas,
removal of (12) lines of coax and (9) TMAs, addition of (8) RRUs, (3) pendants and (3) fiber trunks on a
PSE owned utility pole, as well as the replacement of (2) existing cabinets with (2) new cabinets in the
ground shelter. This work does not constitute a substantial change under the criteria above because it:
1) Will not increase the height of the Base Station by more than 10 percent (10%) or ten (10) feet,
whichever is greater;
Details: There is no increase in height proposed under this modification request.
2) Does not protrude from the edge of the Base Station by more than six (6) feet;
Details: The subject site is a PSE utility pole, and there is no proposal to protrude from the edge
by more than (6) feet.
9725 3rd Ave NE, Suite 410
Seattle, WA 98115
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3) Does not defeat any existing concealment elements;
Details: The existing site does not have any existing concealment elements.
4) Does not entail any excavation outside the current Base Station;
Details: The proposed project will not involve excavations outside the current base station.
5) Does not involve the installation of more than the standard number of equipment cabinets for the
technology involved, not to exceed four.
Details: The proposed project will involve the replacement of (2) existing cabinets with (2) new
cabinets.
6) The proposed project complies with prior conditions of approval of the Base Station, except for
any non-compliance that is due to an increase in height, increase in width, addition of equipment
cabinets, or new excavation that does not exceed the thresholds above.
Response: Not Applicable.
Similarly, the list of equipment that will be installed as part of this Request qualifies as Transmission
Equipment under the FCC’s rules at 47 C.F.R. § 1.6100(b)(8). In sum, the proposed modifications to the
Transmission Equipment at the Base Station located at 33003 20th PL SW, Federal Way, WA 98023 conforms
to the Spectrum Act, and therefore, this Request must be approved within 60 days, as outlined below.
C. Notice of Federal Law Expedited Permit Processing and Deemed Granted
Under federal law, this Request will be deemed granted if the City fails to approve or deny it within sixty
(60) days after submittal. The sixty (60) day “shot clock” begins when (1) the applicant takes the first
procedural step in the regulatory review process, and (2) the applicant provides written documentation
demonstrating that the EFR criteria are satisfied. As such, the shot clock begins to run upon the submission
of this Request.
If sixty (60) days pass after the submission of the Request and the City has not acted to grant or deny the
Request, it will be deemed granted. At that time, the applicant may advise the City that the application
has been deemed granted. If the City wishes to contest whether Request has been deemed granted, the
9725 3rd Ave NE, Suite 410
Seattle, WA 98115
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burden is on the City to file a lawsuit in a court of competent jurisdiction within thirty (30) days after receipt
of a written communication notifying it that the Request has been deemed granted.
T-Mobile is committed to working cooperatively with you to process this request in a timely and efficient
manner. Please do not hesitate to contact me if you have questions.
Sincerely,
Renata Fayten
Renata Fayten
For TAEC on behalf of T-Mobile
425-269-5561