2016-07-07 Hearing Transcript - Cellco Partnership dba Verizon USE 16-063

Home

MARTIN: Yes, I wanted to speak to the issue about the highways, the realignment. We've already been in contact with the Department of Transportation and will coordinate our construction so it doesn't interfere with them. The way we feel right now is that the road will be completed before we start our construction. HENKEL: Okay. Any questions, Commissioners? Mr. Clarkson. CLARKSON: Yes, I guess I've got it on. I noticed that you proposed no lighting of this tower. MARTIN: That's right. CLARKSON: And, the Fish & Wildlife comments were predicated on there being no lighting. But, the FAA leaves it up to you whether or not to put lighting on the tower, and I'm just wondering whether we shouldn't make that a condition. MARTIN: I don't believe you should make it a condition. We actually decreased the height of the tower. The original height was proposed at 200 which would require lighting. And, because Fish & Wildlife were aware of their issues, we've asked, we asked them to reduce the height by five feet to get away from that lighting requirement. CLARKSON: Yes, I understand that, but my, my MARTIN: If for some reason, though, Fish & Wildlife, or if some reason FAA, you never know what's gonna be built in the future, and FAA may require it, and then we'd have to go back to Fish & Wildlife and we'd have to work that out. I think it would be hard to regulate something that should be regulated by a different agency. CLARKSON: Okay, well, I just want to make clear that whether it's lit or not is entirely up to the owner of the tower. MARTIN: No, it's not, because Fish & Wildlife has said no, no lighting, and so we are required and bound to comply with the needed conditions, so we wouldn't be able to light it anyway. CLARKSON: Okay. So, is there a condition for no lighting? KAY: There is not a specific condition that speaks to lighting other than—let me just make sure I'm giving you correct information—the, Condition No. 7 speaks to lighting should it be required and it says the Applicant shall install shield outdoor lights to direct light downwards. The other condition that speaks to kind of generally the requirement to comply with all applicable rules and regulations is Number 10, and that's including FAA and FCC rules. So, that's kind of a catch-all condition that we have that says down the line, the Applicant will need to comply with all applicable rules and laws. CLARKSON: I don't want to continue this too long, but I just would like to point out that compliance would allow you to put marker lights on the tower, and I don't know how much of a 5 EXHIBIT A