Vermont Public Service Board Issues Final Order in Re: Petition of VTel Wireless, Inc., for a Certificate of Public Good
(Targeted News Service Via Acquire Media NewsEdge) MONTPELIER, Vt., March 4 -- The Vermont Public Service Board issued the following order:
Docket No. 8002
Petition of VTel Wireless, Inc., for a certificate of public good, pursuant to 30 V.S.A. S 248a, for the installation of telecommunications equipment in Burlington, Vermont
Order entered: 3/4/2013
In this Order, the Vermont Public Service Board ("Board") approves the petition filed on January 25, 2013, by VTel Wireless, Inc. ("VTel" or the "Petitioner"), pursuant to 30 V.S.A. S 248a, and the Board's Amended Standards and Procedures Order ("Procedures Order"),1 and grants the Petitioner a certificate of public good ("CPG") authorizing the installation of communications equipment in Burlington, Vermont (the "Project").
This case involves a petition and prefiled testimony, filed by the Petitioner, requesting that the Board issue a CPG, pursuant to 30 V.S.A. S 248a, authorizing the installation of communications equipment within and around an existing church. The Petitioner is seeking approval for the Project as de minimus modifications to the existing structure, pursuant to S 248a(b)(2).
On February 11, 2013, the Vermont Department of Public Service filed a letter with the Board recommending that the Board issue an order approving the petition without additional hearings or investigation.
No other comments or requests for hearing regarding the petition have been filed with the Board.
The Board has determined that the petition and prefiled testimony have effectively addressed the applicable substantive criteria of 30 V.S.A. S 248a. Consequently, we find that the procedure authorized by S 248a is sufficient to satisfy the public interest, and no hearings are required.
1. The Project involves modifications to a commercial building located at 100 Bank Street in Burlington, Vermont, through the installation of wireless communications equipment. Petition at Section B.
2. The Project involves the installation of nine panel antennas of varying sizes with six of the antennas mounted at a centerline height of 113', and 3 antennas mounted at a centerline height of 111', on the exterior of the 120' tall building. Three dish antennas, two with diameters of 2' and one with a diameter of 4', will be mounted at centerline heights of 115' and 110' on the building exterior. The Project also involves the installation of an equipment cabinet, measuring 28" by 51" by 57'', on a new frame behind an existing screening wall on a lower portion of the rooftop, and associated cabling and equipment. Petition at Section B.
3. The antennas will not extend vertically above the building, and will extend horizontally approximately 3' from the building. The aggregate surface area of the faces of the antennas to be attached to the structure is approximately 73 square feet. Petition at Section B.
4. The Project does not involve an increase to the height or width of the existing structure, and will not create impervious surfaces surrounding the structure. Petition at Section B.
IV. DISCUSSION and CONCLUSION
Pursuant to 30 V.S.A. S 248a(b)(2), the Procedures Order, at Section II, defines a de minimus modification as:
the addition, modification, or replacement of telecommunications equipment, antennas, or ancillary improvements on a telecommunications facility or existing support structure, or the reconstruction of such facility or support structure, provided:
(a) the height and width of the facility or support structure, excluding equipment, antennas, or ancillary improvements, are not increased;
(b) the total amount of impervious surface, including access roads, surrounding the facility or support structure is not increased by more than 300 square feet;
(c) the addition, modification, or replacement of equipment, antennas, or ancillary improvements does not increase the height or width of the facility or support structure by more than 10 feet;
(d) the addition, modification, or replacement of equipment, antennas, or ancillary improvements on the support structure, excluding cabling, does not increase the aggregate surface area of the faces of the equipment, antennas, or ancillary improvements on the support structure by more than 75 square feet.
For purposes of this definition, where the proposed ancillary improvements will be installed on, within, or at the base of a building, the ancillary improvements may be excluded from the aggregate surface area calculation in subsection (d) provided that: (1) the ancillary improvements comply with the limitations in subsection (c) measured from the outer walls of the building (for width) and the highest existing element of the building (for height); (2) the aggregate surface area of the antennas and equipment other than ancillary improvements does not exceed 75 square feet; and (3) any other additions, modifications, or replacements associated with the facility otherwise comply with subsections (a) and (b).
Further, pursuant to S 248a(k) and Section VIII of the Procedures Order, regarding de minimus modifications:
If no objections to the classification of the project are timely filed with the Board, a CPG shall be issued without further proceedings.
The proposed Project will consist of modifications to an existing structure that will not increase the height or width of the structure, and will not create impervious surfaces surrounding the structure. The aggregate surface area of the faces of the antennas attached to the existing structure will not exceed 75 square feet, and will not increase the height or width of the structure by more than 10'. Therefore, the Project qualifies as "de minimus modifications" to an existing structure pursuant to S 248a(b)(2). Further, no objection to the classification of the Project as de minimus modifications has been filed with the Board.
Based upon all of the above evidence, the public interest is satisfied by the procedures authorized in 30 V.S.A. S 248a, and the proposed Project will promote the general good of the State.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED by the Public Service Board of the State of Vermont that the installation of telecommunications equipment at the location specified in the above findings, by VTel Wireless, Inc., in accordance with the evidence and plans submitted in this proceeding, will promote the general good of the State of Vermont in accordance with 30 V.S.A. S 248a(a), and a certificate of public good to that effect shall be issued in this matter.
Dated at Montpelier, Vermont, this 4th day of March , 2013.
PUBLIC SERVICE BOARD OF VERMONT
s/David C. Coen
s/John D. Burke
OFFICE OF THE CLERK
FILED: March 4, 2013
ATTEST: s/Susan M. Hudson
Clerk of the Board
NOTICE TO READERS: This decision is subject to revision of technical errors. Readers are requested to notify the Clerk of the Board (by e-mail, telephone, or in writing) of any apparent errors, in order that any necessary corrections may be made. (E-mail address: email@example.com)
Appeal of this decision to the Supreme Court of Vermont must be filed with the Clerk of the Board within thirty days. Appeal will not stay the effect of this Order, absent further order by this Board or appropriate action by the Supreme Court of Vermont. Motions for reconsideration or stay, if any, must be filed with the Clerk of the Board within ten days of the date of this decision and Order.
This document has footnote and may be found at the following URL: (http://psb.vermont.gov/sites/psb/files/orders/2013/2013-03/8002FNL.pdf)
TNS rk-130307-4234637 StaffFurigay
(c) 2013 Targeted News Service
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