3010, 2017

FirstNet Tech Lab

FirstNet Showcases Tech Lab for its Board and Committee Members in Boulder

The First Responder (Public Safety) Network Authority also known as FirstNet is an independent authority within the National Telecommunications and Information Administration (NTIA) of the Department of Commerce whose mission is to provide law enforcement, firefighters, […]

2909, 2017

FCC Broadband Deployment Advisory Committee

The FCC Chairman’s Broadband Deployment Advisory Committee (BDAC)

On January 31, 2017, new FCC chair Ajit Pai announced the formation of an advisory

committee, the Broadband Deployment Advisory Committee (BDAC), for a period of two years to provide advice […]

Regulatory Links

Outline

Federal Agencies, Rules, and
Regulations

Department of Agriculture USFS

Department of Commerce NTIA

Department of Health and Human
Services CDC//NCHS/NHS

Department of the Interior BIA

Department of the Interior BLM

Department of the Interior NPS

Department of the Interior USFWS

FAA

FCC

FEMA

Legislation

Legislative Branch, House of
Representatives

Legislative Branch, Senate

National Government Associations

NARUC

NATPHO

NCSHPO

Industry Standards

ALTA/NSPS

State of Colorado Agencies, Rules,
and Regulations

Public Utility Commission

State Historic Preservation Officer

State and Regional Associations

Colorado Municipal League

Colorado Counties, Inc.

Denver Regional Council of
Governments

Major Front Range County Planning
Agencies, and Codes

Adams County

Arapahoe County

Boulder County

Douglas County

El Paso County

Jefferson County

Larimer County

Weld County

Major Front Range Municipalities

Broomfield (City and County)

Denver (City and County)

FEDERAL AGENCIES, RULES, AND REGULATIONS

Department of Agriculture, United States Forest Service (USFS)

Communication Site Special Uses Administration

https://www.fs.fed.us/specialuses/special_comm.shtml

Department of Commerce,

National Telecommunications and Information Administration (NTIA)

https://www.ntia.doc.gov/home

Application Process for Telecommunications Projects on Federal
Right of Way

https://www.ntia.doc.gov/legacy/FROWsite/rowapplprocess.htm

Agency Staff Contacts for Telecom Projects in Federal Right of Way

https://www.ntia.doc.gov/legacy/FROWsite/rowagycontacts.htm

Broadband USA

https://www2.ntia.doc.gov/

Inter-Departmental (Government) Radio Advisory Committee

https://www.ntia.doc.gov/page/interdepartment-radio-advisory-committee-irac

https://www.ntia.doc.gov/files/ntia/publications/irac_membership_list_feb._19_2016.pdf

Department of Health and Human Services

National Center for Health Statistics, Division of Health
Interview Statistics

Wireless Substitution Report 2016

https://www.cdc.gov/nchs/data/nhis/earlyrelease/wireless201605.pdf

National Center for Health Statistics, Division of Health
Interview Statistics

Wireless Substitution Report 2012

https://www.cdc.gov/nchs/ppt/nchs2012/li-20_blumberg.pdf

Department of the Interior, Bureau of Indian Affairs (BIA)

Tribal Leaders Contact Information

https://www.bia.gov/tribalmap/DataDotGovSamples/tld_map.html

Department of the Interior, Bureau of Land Management (BLM)

Communications Site Management Web Page

https://www.blm.gov/wo/st/en/prog/more/lands/communication_sites.html

Department of the Interior, National Park Service (NPS)

List of SHPOs

https://www.nps.gov/nr/shpolist.htm

TPHO Program

https://www.nps.gov/thpo/

Department of the Interior, United States Fish and Wildlife
Service (USFWS)

Communications Tower Site Evaluation Form

https://www.fws.gov/habitatconservation/TOWER_SITE_EVALUATION_FORM.pdf

Voluntary Guidelines for Communications Tower Design, Siting,
Construction,

Operation, etc.

https://www.fws.gov/migratorybirds/pdf/management/usfwscommunicationtowerguidance.pdf

Federal Aviation Administration (FAA)

Drones/ Unmanned Aircraft Part 107 Fact Sheet

https://www.faa.gov/news/fact_sheets/news_story.cfm?newsid=20516

Summary of Rule 107 for Unmanned Aircraft

https://www.faa.gov/uas/media/Part_107_Summary.pdf

Notice Criteria Tool (to determine if a filing is required under
FAA Part 77 Regulations)

https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm

The requirements for filing proposed
structures with the Federal Aviation Administration depend on several
factors, including: tower height, proximity to an airport, tower
location, and proposed frequencies. For FAA Part 77 regulations see:
CFR Title 14 Part 77.9. Specifically, you must file with the FAA at
least 45 days prior to construction if:

• The structure will exceed 200ft
above ground level

• The structure will be in proximity
to an airport and exceed the slope ratio

• The structure involves construction
of a traverse-way (i.e. highway, railroad, waterway etc…) and once
adjusted upward with the appropriate vertical distance would exceed a
standard of 77.9(a) or (b)

• The structure will emit
frequencies, and doesn’t meet FAA Co-location Policy

• The proposed structure is in an
instrument landing approach zone and might exceed the criteria in
part 77 Subpart C

• The proposed structure would be in
proximity to a navigation facility and might impact air navigation
communications

• The proposed structure is on an
airport or heliport property

• If filing has been requested by the
FAA

Notice of Proposed Construction or Alteration (Form 7460-1 &
Instructions)

https://www.faa.gov/documentlibrary/media/form/faa_form_7460-1_2017.pdf

Notice of Actual Construction or Alteration (Form 7460-2
Supplemental Notice)

https://www.faa.gov/documentlibrary/media/form/faa_form_7460-2_2017.pdf

Tower Marking and Lighting Regulations 70/7460 1L Advisory
Circular Marking and Lighting (Revised 01/04/2017)

https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_70_7460-1L_.pdf

Federal Aviation Administration (FAA) Continued Tower Marking and
Lighting Frequency Asked Questions 70/7460 1L Advisory Circular
Marking and Lighting FAQs (01/04/2017)

https://oeaaa.faa.gov/oeaaa/external/searchAction.jsp?action=malFAQs

Federal Communications Commission (FCC)

Antenna Height Above Average Terrain Calculator

https://www.fcc.gov/media/radio/haat-calculator#block-menu-block-4

Antenna Site Registration Home Page

http://wireless.fcc.gov/antenna/index.htm?job=home

Search for Existing Antenna Structures

http://wireless2.fcc.gov/UlsApp/AsrSearch/asrRegistrationSearch.jsp

Databases

https://www.fcc.gov/licensing-databases/general/search-fcc-databases

Environmental Compliance

National Environmental Protection Act (NEPA) Fact Sheet

https://www.fcc.gov/sites/default/files/NEPA_Factsheet_111816.pdf

Historic Preservation Section 106 Process

Section 106 Review Process Fees- http://www.achp.gov/feesin106.pdf

First Amendment to Nationwide Programmatic Agreement for the
Collocation of

Wireless Antennas

https://apps.fcc.gov/edocs_public/attachmatch/DA-16-900A1.pdf

Nationwide Programmatic Agreement for the Collocation of Wireless
Antennas

https://www.gpo.gov/fdsys/pkg/CFR-2015-title47-vol1/pdf/CFR-2015-title47-vol1-part1-appB.pdf

Advisory Council for Historic Preservation-
http://www.achp.gov/index.html

National Broadband Map

https://www.broadbandmap.gov/technology

National Broadband Plan, 2015 (Pole Attachment)

https://apps.fcc.gov/edocs_public/attachmatch/FCC-15-151A1.pdf

Pole Attachment Rules, 2012 Section 224,

https://www.gpo.gov/fdsys/pkg/USCODE-2011-title47/pdf/USCODE-2011-title47-chap5-subchapII-partI-sec224.pdf

Pole Attachment Rules, 2007

https://apps.fcc.gov/edocs_public/attachmatch/FCC-07-187A1.pdf

Tower and Antenna Siting

https://www.fcc.gov/general/tower-and-antenna-siting

Federal Emergency Management Agency (FEMA)

Flood Map Service Center

http://msc.fema.gov/portal

Elevation Certificates

https://www.fema.gov/elevation-certificate

Elevation Certificate Fact Sheet

https://www.fema.gov/media-library-data/1428941960043-a8f37b7e3af25f47396bbff04e7bf036/FEMA-HFIAA_ECFActSheet_040715.pdf

Elevation Certificate Form

https://www.fema.gov/media-library-data/1465916361274-cb8abe5807f45b0670805d3048305ab1/FF086_0_33_ElevationCert_2015_Edition_Reader.pdf

Legislation

Communications Act of 1934, as amended

https://transition.fcc.gov/Reports/1934new.pdf

Middle Class Tax Relief and Job Creation Act of 2012

https://www.gpo.gov/fdsys/pkg/BILLS-112hr3630enr/pdf/BILLS-112hr3630enr.pdf

Telecommunications Act of 1996

https://www.fcc.gov/general/telecommunications-act-1996

https://transition.fcc.gov/Reports/tcom1996.pdf

Legislative Branch, House of Representatives

US House or Representatives Energy & Commerce Committee

https://energycommerce.house.gov/

US House or Representatives Energy & Commerce Committee

Communications and Technology Subcommittee

https://energycommerce.house.gov/subcommittees/communications-and-technology-115th-congress

Legislative Branch, Senate

https://www.senate.gov/index.htm

US Senate Committee on Science, Commerce, and Transportation

http://www.commerce.senate.gov/public/

US Senate Committee on Commerce, Science, and Transportation

Subcommittee on Communications, Technology, Innovation and the
Internet

https://www.commerce.senate.gov/public/index.cfm/communicationstechnologyandtheinternet

FCC Oversight Hearing, March 1, 2017

http://www.commerce.senate.gov/public/index.cfm/2017/3/oversight-of-the-federal-communications-commission

NATIONAL GOVERNMENT ASSOCIATIONS

National Association of Regulatory Utility Commissions (NARUC)

https://www.naruc.org/

(NARUC) Subcommittee on Telecommunications

http://members.naruc.org/4DCGI/committees/Roles.html?Action=Show_Comm_Roles&CommCode=NARUC73

National Association of Tribal Preservation Historic Officer’s

http://nathpo.org/wp/

National Conference of State Historic Preservation Officer’s
(NCSHPO)

http://ncshpo.org/directory/

INDUSTRY STANDARDS

American Land Title Association (ALTA) & National Society of
Professional Surveyors (NSPS)

Minimum Standard Detail Requirements for ALTA/NSPS Surveys

http://www.alta.org/policy-forms/

Minimum Standard Detail Requirements for ALTA NSPS Land Title
Surveys (02-23-16)

STATE OF COLORADO

Department of Public Safety

Division of Homeland Security and Emergency Management

https://www.colorado.gov/pacific/dhsem

Department of Regulatory Agencies (DORA)

Broadband Fund

https://www.colorado.gov/pacific/dora-broadband-fund/2016-grant-awards

Department of Regulatory Agencies (DORA), Public Utility
Commission (PUC)

https://www.colorado.gov/dora/puc

PUC on Telecommunications

https://www.colorado.gov/pacific/dora/telecommunications

Department of Transportation

https://www.codot.gov/

Highway Access Permits

https://www.codot.gov/business/permits/accesspermits

Right of Way Manual

https://www.codot.gov/business/manuals/right-of-way/Chapter%207%20-%20Property%20Management/Chapter%207%20-%20Property%20Managemen%20Manual%20pdf

Utilities and Special Use Permits

https://www.codot.gov/business/permits/utilitiesspecialuse

Legislative Branch, General Assembly

http://leg.colorado.gov/

Legislator Locator

http://leg.colorado.gov/legislators

SHPO

http://www.historycolorado.org/archaeologists/office-archaeology-historic-preservation

SHPO, Section 106 Compliance

http://www.historycolorado.org/oahp/section-106-compliance

STATE AND REGIONAL GOVERNMENT ASSOCIATIONS

Colorado Counties, Inc.

http://ccionline.org/cci/

Colorado Municipal League on Telecommunications

https://www.cml.org/issues.aspx?taxid=11124

Denver Regional Council of Governments

https://drcog.org/

MAJOR FRONT RANGE COUNTIES

Adams County

https://www.adcogov.org/

Development Services

https://www.adcogov.org/development-services

Development Standards and Regulations

https://www.adcogov.org/development-standards-regulations

Arapahoe County

http://www.co.arapahoe.co.us/

Public Works and Development

http://www.co.arapahoe.co.us/index.aspx?nid=519

Land Development Code

http://www.co.arapahoe.co.us/index.aspx?NID=620

Boulder County

http://www.bouldercounty.org/pages/default.aspx

Planning Division

http://www.bouldercounty.org/property/build/pages/luplanningmain.aspx

Land Use Code

http://www.bouldercounty.org/property/build/pages/lucode.aspx

Douglas County

http://www.douglas.co.us/

Community Development

http://www.douglas.co.us/government/departments/community-development/

Zoning

http://www.douglas.co.us/land/regulations-and-procedures/zoning/

El Paso County

http://www.elpasoco.com/Pages/default.aspx

Planning and Community Development

http://adm.elpasoco.com/Development%20Services/Pages/default.aspxPlanning
Division

http://adm.elpasoco.com/CommunityServices/planning/Pages/default.aspx

Land Development Code

http://adm.elpasoco.com/Development%20Services/Pages/LandDevelopmentCode2016.aspx

Jefferson County

http://jeffco.us/

Planning and Zoning Division

http://jeffco.us/planning-and-zoning/

Land Development Regulation

http://jeffco.us/planning-and-zoning/regulations/land-development-regulation/

Zoning Resolution

http://jeffco.us/planning-and-zoning/regulations/zoning-resolution/

Larimer County

http://www.larimer.org/

Community Development

http://www.larimer.org/planning/

Land Use Code

http://www.larimer.org/planning/planning/landuse/

Weld County

https://www.weldgov.com/

Planning and Zoning

https://www.weldgov.com/departments/planning_and_zoning

Zoning Ordinance

https://www.municode.com/library/co/weld_county/codes/charter_and_county_code?nodeId=CH23ZOMAJOR
FRONT RANGE MUNICIPALITIES

City and County of Broomfield

http://broomfield.org/

Community Development

http://broomfield.org/211/Community-Development

Planning Department

http://broomfield.org/290/Planning

Zoning Code

http://broomfield.org/1979/Zoning

City and County of Denver

Code of Ordinances

https://www.municode.com/library/co/denver/codes/code_of_ordinances

Development Services

http://www.denvergov.org/content/denvergov/en/denver-development-services.html

Planning Review Lead times, 1 st Quarter 2017

https://www.denvergov.org/content/dam/denvergov/Portals/696/documents/review-times.pdf

Telecommunications Zoning Guide

https://www.denvergov.org/content/dam/denvergov/Portals/696/documents/Commercial_Zoning/Zoning_Guide_Telecomm.pdf

Zoning Code

https://www.denvergov.org/content/denvergov/en/community-planning-and-development/zoning/denver-zoning-code.html

The following are COWA recommendations intended to apply to local government regulation impacting deployment of wireless networks. These principals represent ideals which the Association seeks to achieve during discussions with jurisdictions.

For more info click to expand a section:

Regulations should encourage deployment of wireless infrastructure by all wireless carriers utilizing any wireless technology.
Consumers and businesses increasingly rely on wireless networks and the services and devices the network facilitates. Wireless networks are increasingly displacing other communication technologies. Wireless networks serve a vital role in social and economic welfare, and public safety such as E911. Regulations should encourage and promote network deployment to achieve network coverage and capacity objectives.
Promote a level playing field among all communication technologies through technologically and competitively neutral regulations.
Wireless network site selection is a highly technical and complex evaluation and decision-making process. The process requires application of field study and computerized modeling techniques incorporating proprietary network data and customer traffic demands. The evaluation cannot be accurately duplicated by 3rd party “experts”. Site selection and development incurs a substantial initial investment and substantial ongoing operations expense. Thus, “second guessing” carrier site selection or review of carrier site selection by “experts” which lack necessary tools and data is inappropriate and should be avoided.
Colorado Revised Statutes 38-5.5-101 et seq. grant right of access by telecommunications providers to occupy and utilize the public rights-of-way. Access must be provided on a competitively neutral basis without disadvantage, or create unreasonable requirements for entry. The amount of fees is limited and may not exceed costs directly incurred by jurisdictions.
Local jurisdictions have authority to apply zoning within the public rights-of-way but rarely do so. Alternatively, local jurisdictions typically have displaced zoning regulation of the public rights-of-way with separate rights-of way regulations, standards and specifications. Wireless carriers advocate the uniform application of right-of-way regulations as applied to all regulated users. Application of zoning regulations uniquely to wireless facilities when applied in the public right-of-way is unacceptable. Such inconsistency does not conform to the uniformity requirements of zoning law, and is likely inconsistent with the intent of C.R.S. 38-5.5-101 et seq.
Due to zoning regulations, early wireless network deployment encouraged coverage in commercial and industrial zones, and highway corridors. Residential coverage has suffered. Regulations should enable widespread deployment of wireless facilities sufficient to deliver high quality coverage and with abundant capacity to all residential areas. In recognition of the unique design sensitivity of facilities serving residential areas, specific strategies should be deployed by jurisdictions to accommodate and promote deployment. Strategies can include use of the public rights-of-way; local government and special district facilities and grounds; school districts and churches; and a right to attach to residential structures applying suitable residential design elements.

COWA acknowledges that the primary public concern of wireless facility placement is visual impact. Accordingly, COWA concurs with local government regulations intended to mitigate adverse visual impacts provided such measures are consistent with the following:

a. Visual impact mitigation techniques are appropriate to the neighborhood composition or zoning classification.

b. Visual impact mitigation requirements are intended to reduce the size of facilities or reduce visibility by shielding facilities by appropriate screening.

c. COWA seeks to avoid design regulations intended to disguise wireless facilities only by posing as design forms that do not look like wireless facilities, and specifically, design forms that increase visual impact.

The primary purpose of wireless regulation is to mitigate visual impact. As single purpose regulation, complex and lengthy processes are unnecessary. COWA urges simple, straightforward wireless regulations and process commensurate with this objective.
COWA advocates regulations that enable flexibility for deployments in proximity by multiple carriers to best mitigate visual impacts. This may include encouraging colocations on existing sites, other structures, or designs through streamlined procedures.
In order to mitigate visual impacts, COWA advocates placement of freestanding wireless facilities upon parcels away from view. This objective is usually best achieved by avoiding siting and setback requirements for wireless infrastructure far from property lines and should be no more stringent than for other similar structures.
The potential for structural failure of wireless facilities is not greater than other manmade structures, and typically involve geotechnical analysis, engineered foundations and engineered structures. Setback fall zones should be no more stringent than for other similar structures.
In addition to jurisdiction permits, wireless carriers typically must negotiate property rights to utilize private property. Regulations should provide sufficient flexibility reflecting carrier ability to acquire property rights.
Wireless facilities have parallels to the design and placement of many forms of development. COWA advocates uniformity and consistency with existing regulations applicable to similar structures and land uses, and resists restrictive regulations that are unique to wireless facilities. Jurisdiction review processes applicable to wireless facilities should fall within existing, standardized zoning procedures. Examples of unacceptable procedures include: any review process based on “hardship” such as a variance; and conditional or regulatory limits on the length of approvals which lapse and require renewal.