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21-101703-Project Narrative-ATTCH 1-SC2064 Redondo Beach-04-28-2021-V1 PROJECT NARRATIVE PWSF Conditional Use Permit Application AT&T SD2064 Redondo Beach Submitted to the City of Federal Way of Washington Planning and Development Services Applicant: New Cingular Wireless PCS, LLC (“AT&T”) 19801 SW 72nd Avenue Suite 200 Tualatin, OR 97062 (425) 222-1026 Representative: Smartlink LLC 11410 NE 122nd Pl, #102 Kirkland, WA 98034 Contact: Nancy Sears 425-444-1434 Nancy.sears@smartlinkllc.com Property-Owner: Dan Lourie PO Box 98258 Federal Way, WA 98198 (206) 391-8750 Utility Pole Owner: Puget Sound Energy 3380 146th Place SE Bellevue, WA 98007 412-400-9876 Elizabeth.rainier@pse.com Project Address: 29601 8th Ave SW Federal Way, WA 98023 Description & Tax Lot: GPS Coordinates: 47.336517 / -122.345075 Parcel No. 062104-9042 Zoning Classification: RS15.0 Smartlink LLC is submitting this application on behalf of New Cingular Wireless PCS, LLC (“AT&T”) and the underlying property owner. ATTACHMENT 1—Project Narrative AT&T’s PWSF CUP Application—SC2064 Redondo Beach Page 2 of 9 1. PROJECT OVERVIEW AT&T is proposing a new personal wireless service facility (“Facility”), SC2064 Redondo Beach, at the above noted project address. This Facility is a service coverage replacement and capacity site. Currently, portions in and around Adelaide & Redondo have minimal to no 4G voice service and AT&T’s existing coverage in the area is at or near its capacity and is insufficient for the volume of traffic (i.e. though this area already has AT&T coverage, additional capacity is needed to service the volume of users). In addition to the Master Permit Application, Commercial Building Permit Application for PWSF, and pursuant to the PWSF Submittal Checklist (the “Checklist”), AT&T intends its application for the proposed Facility to include the following documents (collectively, “AT&T’s Application”):  Attachment A—Master Land Use Application  Attachment 1—Project Narrative  Attachment 2—Statement of Code Compliance  Attachment 3—RF Justification  Attachment 4—Zoning Drawings  Attachment 5-Photo Simulations  Attachment 6—NIER Report  Attachment7—Noise Report  Attachment 8-TOWAIR Determination As shown in AT&T’s Application, this proposed project meets all applicable Federal Way Code (“SCC”) criteria collocating a new wireless communications facility and complies with all other applicable state and federal laws and regulations. AT&T’s proposal is also the least intrusive means of meeting its coverage objectives for this site. Accordingly, AT&T respectfully requests Federal Way to approve this project as proposed, subject only to Federal Way’s standard conditions of approval to include a Franchise Agreement for the Right-of-Way. 2. PROPOSED PROJECT DETAILS Additional detailed information regarding the subject property, proposed lease area, and proposed wireless support structure and equipment is included in Attachment 3—Site Plan. 2.1. Site Description  Subject property. The subject property of this proposal is located at 29601 8 th Ave SW in the city of Federal Way (the “Property”). The Property is owned by Dan Lourie.  Zoning. The Property is zoned as RS15.0 (Residential) and is currently vacant land. All properties surrounding the site are also zoned RS15.0. ATTACHMENT 1—Project Narrative AT&T’s PWSF CUP Application—SC2064 Redondo Beach Page 3 of 9  Lease area. The proposed 25 x 25ft lease area for the Facility is located near the northeast end of the Property (the “Lease Area”). The Lease Area will be surrounded by a 6ft sight obscuring chain link fence and a 5 ft. Type III landscape buffer with access secured by a locked gate. 2.2. Access, Parking, and Trip Generation  Access. Access to the Lease Area will be from 8th Ave. SW via a proposed 15 ft. wide gravel driveway. AT&T will obtain any necessary access (and/or utility) easements as part of the final lease agreement with the property owner.  Parking. The Lease Area is located 69’3” south of the NE corner of the property. Access will be from the 8th Ave SW, east of the lot, via a 15’ access road with parking space. The existing parking lot can be used for turn-around.  Trip generation. The proposed Facility will be an unmanned wireless facility. As such, after the initial construction, AT&T will only regularly access the Facility for maintenance and inspections, which will likely generate no more than one or two trips per month. 2.3. Wireless Facilities and Equipment 2.3.1. Support structure design.  AT&T is proposing to collocate on a PSE utility pole (the “Pole”) in the right-of- way. PSE will be replacing the existing utility pole with a 55’ utility pole. PSE’s power lines located at the 37’7” level and they will install AT&T’s antennas at the 55’ tip height.  This will be an unmanned wireless facility. 2.3.2. Antennas and accessory equipment.  The Pole will contain AT&T 4G LTE equipment (up to 12 panel antennas, 12 remote radio unites (RRUs), and 3 new surge protectors, with all associated equipment).  The antennas, RRUs, and accessory equipment on the utility pole will be painted a non-reflective brown to blend with the pole. 2.3.3. Ground equipment.  The ground equipment will be constructed within the Lease Area on the private property adjacent to the right-of-way.  The ground equipment will be enclosed within a pre-fabricated 7’ x 7’ walk-in cabinet shelter.  An external redundant diesel generator will be located on a separate pad next to the cabinet shelter. 2.3.4. Lighting. The Tower will not be artificially illuminated, and no artificial lighting is required pursuant to state or federal authorities. See Attachment 8 - FAA TOWAIR Determination. ATTACHMENT 1—Project Narrative AT&T’s PWSF CUP Application—SC2064 Redondo Beach Page 4 of 9 2.4. Landscaping & Screening  Pursuant to FWMC 19.125 AT&T is proposing to enclose the leased area with a 6’ chain link fence with privacy slats, three strands of barbed wire will =top the fence and the site will be secured with a 12’ padlocked gate. , The fence will be surrounded by a five foot wide Type III visual buffer as outlined in FWMC 19.259.050 . Please see Attachment 4 - Zoning Drawings. 2.5. Utilities  Power. Underground power will be provided by Puget Sound Energy.  Telecommunications. Telecommunications fiber will be provided by CenturyLink.  Water. As this is an unmanned wireless facility, no water service is needed.  Sewer. As this is an unmanned wireless facility, no sewer service is needed. 3. SITE SELECTION CRITERIA 3.1. Overview—AT&T 4G LTE and 5G Network Coverage and Services AT&T is upgrading and expanding its wireless communications network to support the latest 5G and 4G LTE technology. 5G and 4G stand for "5th Generation" and "4th Generation" and LTE stands for "Long Term Evolution." These acronyms refer to the ongoing process of improving wireless technology standards, which is now in its 5th generation. With each generation comes improvement in speed and functionality-4G LTE offers speeds up to ten times faster than 3G and 5G offers speeds up to 1-gigabit per second. See Attachment-3 RF Justification. This technology is the next step in increasing broadband speeds to meet the demands of users and the variety of content accessed over mobile networks and is necessary to facilitate capabilities that are being designed into the latest devices (i.e. Samsung Galaxy S20, iPhone 12). 5G, specifically, is the next generation of wireless technology expected to deliver latency and capacity enhancements that will help enable revolutionary new capabilities for consumers and businesses. There are several components of 5G wireless technology and separate bands of wavelength spectrum used to build a 5G network-low-band (<2GHz), mid-band (3-10GHz), and high-band millimeter wave (mmWave) (20-100GHz):  Low-band 5G. Low-band 5G frequencies (generally below 2GHz) are the oldest cellular (and TV) frequencies and are being used by AT&T to provide widely-available 5G service ATTACHMENT 1—Project Narrative AT&T’s PWSF CUP Application—SC2064 Redondo Beach Page 5 of 9 in residential, suburban, and rural areas. This is the same spectrum used for 3G and 4G cellular service today. The low-band 850MHz 5G frequency is proposed for this Facility. Low-band 5G frequencies are a tradeoff of download speed versus distance and service area-they are slower than the high-band mmWave and mid-band frequencies (as described below), but they travel the farthest and can pass through more obstacles to provide a better, more reliable indoor and outdoor signal for a larger service area (i.e. miles, not feet).  Mid-band 5G. Mid-band 5G frequencies (generally 3-10GHz) cover most current cellular and WiFi frequencies and provide broader coverage (typically a half a mile) than high- band mmWaves but with slower speeds. Use of these frequencies is not as prevalent for building a 5G network as much of the bandwidth in this range is currently unavailable.  High-band 5G+ mmWave. High-band millimeter wave (mmWave) frequencies (generally 20-100GHz) are the new FCC-approved frequencies most associated with 5G service- "5G+" is AT&T's name for 5G service delivered using high-band mmWave spectrum. AT&T offers an enhanced wireless experience on 5G+ with mmWave service though with more limited coverage. Results continue to be impressive, with peak download speeds up to 1 gigabit per second (Gbps) - fast enough to stream 4K movies. High-band mmWave frequencies deliver this unprecedented performance by transmitting a large amount of data more efficiently than 4G LTE, but can only travel short distances (~1,000ft). Accordingly, high-band mmWave sites need to be in close proximity to one another and are typically used in dense, high trafficked areas such as urban areas, stadiums/arenas, airports, manufacturing and healthcare centers, etc. 5G wireless technology also includes enhanced network radio protocols and other improvements in data transmission that allow the network to more efficiently use the same frequencies currently used today for 4G. As noted, AT&T is proposing to deploy low-band 850MHz 5G at this Facility. Upon completion, the Facility will become part of AT&T's statewide and nationwide communications networks. Upon completion of this update, AT&T will operate a state-of-the-art digital network of wireless communications facilities throughout the proposed coverage area as part of its nationwide wireless communications network. 3.2. Network Service Objectives for Proposed Facility The proposed Facility is a coverage replacement site intended to provide improved 4G LTE and new low-band 5G coverage in and around Adelaide and Redondo (the “Targeted Service Area”). This area has minimal to no 4G voice service and AT&T’s existing coverage in the area is at or near its capacity and is insufficient for the volume of traffic (i.e. though this area already has AT&T coverage, additional capacity is needed to service the volume of users). ATTACHMENT 1—Project Narrative AT&T’s PWSF CUP Application—SC2064 Redondo Beach Page 6 of 9 The proposed new Facility meets AT&T’s service objectives to provide sufficient continuous and uninterrupted outdoor, in-vehicle, and in-building wireless service within the Targeted Service Area, resulting in fewer dropped calls, improved call quality, and improved access to additional wireless services the public now demands. This includes emergency 911 calls throughout the area. The service objective and Targeted Service Area for this site were determined by AT&T’s radio frequency (“RF”) engineers through a combined analysis of customer complaints, service requests, and RF engineering design. (See Attachment 3—RF Justification) 3.3. Search Ring AT&T’s radio frequency (“RF”) engineers performed an RF engineering study, considering multiple objectives, to determine the approximate site location and antenna height required to fulfill the noted network objectives for the Targeted Service Area. From this study, AT&T’s RF engineers identified a specific geographic area, or “search ring” area, where a PWSF may be located to provide effective service in the Target Service Area. The search ring established for this proposal, and a description of the methodology used to identify the search ring, is provided in Attachment 3—RF Justification. 3.4. Priority of Locations and Collocation Attempts Pursuant to SCC 30.28A.120 all other higher-priority locations for siting the proposed Facility were reviewed and found to be infeasible, as further discussed below:  (1) Locate on structures in the BPA trail. The BPA trail is approximately 2.2 miles outside of the search ring for this site and would not meet the desired coverage objective. Please see Attachment 3—RF Justification.  (2) Locate on existing broadcast, relay, and transmission towers where a legal WCF is currently located regardless of underlying zoning. The nearest tower is a 144ft monopole approximately 2.25-mile SE of the search ring near the I-5 corridor and would not meet the desired coverage objective. Please see Attachment 3—RF Justification.  (3) Locate on institutional structures not located within public rights-of-way. While a utility pole would be considered an institutional structure as defined in FW19.256.100 (3) all utility poles located within the search ring are within the public right- of-way. The nearest institutional structure not in the right-of-way is a church approximately 1/2-mile SW of the search ring. The tallest point of this structure is approximately 36ft which would be a maximum height of 51’. Both the distance from the search ring and the height restriction would not meet the desired coverage objective. ATTACHMENT 1—Project Narrative AT&T’s PWSF CUP Application—SC2064 Redondo Beach Page 7 of 9  (4) Locate in appropriate non-residential zoning districts. Zoning within one mile of the proposed site is residential. Please see Attachment 3—RF Justification. As demonstrated above and in the RF Justification, there are no viable locations within the required order of location. This effectively prohibits AT&T from improving existing service and providing new service to the residents in the Adelaide, Redondo and Buena neighborhoods. AT&T’s proposal to collocate on an existing utility pole in the public right-of-way and respectfully requests the City of Federal Way approve this application. 4. APPLICABLE LAW 4.1. Local Codes and Policies Unless indicated as exempt or inapplicable, AT&T’s specific responses to the applicable provisions in the SCC and county policy, as referenced below, are included in Attachment 2— Statement of Code Compliance.  Zoning—FWMC 19.256.090. Monopoles and other wireless communication facilities other than small wireless facilities shall be processed as Process II applications.  Wireless Communication Facilities Regulations—Chapter 19.256 FWMC.  Process II – Site Plan Review—Chapter 19.60 FWMC. 4.2. Federal Law Federal law, primarily found in the Telecommunications Act of 1996 (“Telecom Act”), acknowledges a local jurisdiction’s zoning authority over proposed wireless facilities but limits the exercise of that authority in several important ways. 4.2.1. Local jurisdictions may not materially limit or inhibit. The Telecom Act prohibits a local jurisdiction from taking any action on a wireless siting permit that “prohibit[s] or [has] the effect of prohibiting the provision of personal wireless services.” 47 U.S.C. § 332(c)(7)(B)(i)(II). According to the Federal Communications Commission (“FCC”) Order adopted in September 2018,1 a local jurisdiction’s action has the effect of prohibiting the provision of wireless services when it “materially limits or inhibits the ability of any competitor or potential competitor to compete in a fair and balanced legal and regulatory environment.”2 Under the FCC Order, an applicant need not prove it has a significant gap in coverage; it may demonstrate the need for a new wireless facility in terms of adding capacity, updating to new technologies, and/or maintaining high quality service.3 1 Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory Ruling and Third Report and Order, WT Docket No. 17-79, WC Docket No. 17-84, FCC 18-133 (rel. Sept. 27, 2018); 83 Fed. Reg. 51867 (Oct. 15, 2018) (“FCC Order”). 2 Id. at ¶ 35. 3 Id. at ¶¶ 34-42. ATTACHMENT 1—Project Narrative AT&T’s PWSF CUP Application—SC2064 Redondo Beach Page 8 of 9 While an applicant is no longer required to show a significant gap in service coverage, in the Ninth Circuit, a local jurisdiction clearly violates section 332(c)(7)(B)(i)(II) when it prevents a wireless carrier from using the least intrusive means to fill a significant gap in service coverage. T-Mobile U.S.A., Inc. v. City of Anacortes, 572 F.3d 987, 988 (9th Cir. 2009).  Significant Gap. Reliable in-building coverage is now a necessity and every community’s expectation. Consistent with the abandonment of land line telephones and reliance on only wireless communications, federal courts now recognize that a “significant gap” can exist based on inadequate in-building coverage. See, e.g., T-Mobile Central, LLC v. Unified Government of Wyandotte County/Kansas City, 528 F. Supp. 2d 1128, 1168-69 (D.Kan. 2007 ), affirmed in part, 546 F.3d 1299 (10th Cir. 2008); MetroPCS, Inc. v. City and County of San Francisco, 2006 WL 1699580, *10-11 (N.D. Cal. 2006).  Least Intrusive Means. The least intrusive means standard “requires that the provider ‘show that the manner in which it proposes to fill the significant gap in service is the least intrusive on the values that the denial sought to serve.’” 572 F.3d at 995, quoting MetroPCS, Inc. v. City of San Francisco, 400 F.3d 715, 734 (9th Cir. 2005). These values are reflected by the local code’s preferences and siting requirements. 4.2.2. Environmental and health effects prohibited from consideration. Also, under the Telecom Act, a jurisdiction is prohibited from considering the environmental effects of RF emissions (including health effects) of the proposed site if the site will operate in compliance with federal regulations. 47 U.S.C. § 332(c)(7)(B)(iv). AT&T has included with this application a statement from its radio frequency engineers demonstrating that the proposed facility will operate in accordance with the Federal Communications Commission’s RF emissions regulations. See Attachment 6, NIER Report. Accordingly, this issue is preempted under federal law and any testimony or documents introduced relating to the environmental or health effects of the proposed Facility should be disregarded in this proceeding. 4.2.3. No discrimination amongst providers. Local jurisdiction also may not discriminate amongst providers of functionally equivalent services. 47 U.S.C. § 332(c)(7)(B)(i)(I). A jurisdiction must be able to provide plausible reasons for disparate treatment of different providers’ applications for similarly situated facilities. 4.2.4. Shot Clock. Finally, the Telecom Act requires local jurisdictions to act upon applications for wireless communications sites within a “reasonable” period of time. 47 U.S.C. § 332(c)(7)(B)(ii). The FCC has issued a “Shot Clock” rule to establish a deadline for the issuance of land use permits for wireless facilities. 47 C.F.R. § 1.6001, et seq. A presumptively reasonable period of time for a local government to act on all relevant ATTACHMENT 1—Project Narrative AT&T’s PWSF CUP Application—SC2064 Redondo Beach Page 9 of 9 applications for a collocation on an existing structure is 90 days. 47 C.F.R. § 1.6003(c)(1)(ii). The Shot Clock date is determined by counting forward 90 calendar days from the day after the date of submittal, including any required pre-application period. 47 C.F.R. § 1.6003(e). Pursuant to federal law, the reasonable time period for review of this application is 90 days.