Per EC9.5750(5), the Telecommunication Standards of EC 9.5750 apply to the subject request. <br />The telecommunications requirements adopted in the Eugene Code which are relevant to the <br />subject request and addressed below at EC 9.5750, have been crafted to ensure that they are <br />consistent with the requirements of the Federal Telecommunications Act of 1996. The Act <br />prohibits cities and states from discriminating among telecommunications providers and from <br />erecting barriers to a provider's entry into a local market. The City’s policies and ordinance <br />ensure that all providers in similar situations are treated in a similar fashion. The City worked to <br />design the ordinance so that no barriers to market entry were created, consistent with federal <br />requirements under the Act. In addition, since the church property is zoned R-1 Low Density <br />Residential and is classified as a non-residential use, per EC 9.5750(5) a Conditional Use Permit <br />is required in order to construct a new transmission tower. The requirements of EC 9.8075 <br />Conditional Use Permits apply to the request. <br /> <br />The applicant states that the proposed facility is part of AT&T’s upgrade and expansion of its <br />communications network throughout Oregon. The proposed antennaewill include the <br />installation of the latest high band 4G LTE technologies. The applicant states “the need for <br />service in this particular geographic area was determined by market demand, coverage <br />requirements for a specific geographic area, and the need to provide continuous coverage from <br />one site to another”. The applicant also indicates “there is a significant high band 4G LTE <br />coverage gap in the area of Fox Hollow Road and West Amazon Drive”. Additional details of the <br />proposal are included on the applicant’s plans, and are further addressed in the applicant’s <br />written statement and supporting documentation, all of which are included as part of the public <br />record and located in the application file for reference. <br /> <br />Since this request is for a telecommunications facility, a number of details and supporting <br />information are complex and require a depth of technical knowledge in the field of <br />telecommunications, facility construction and operation, and complicated Federal <br />Communication Commission (FCC) regulations. EC 9.5750(11) provides for the retention of <br />consultants to verify the accuracy of the applicant’s statements and supporting documents. The <br />City has contracted with The Center for Municipal Solutions (CMS) to provide review of the <br />application in relation to EC 9.5750, specifically on collocation, justification, and alternative <br />sites. CMS provided an analysis of the applicant’s submitted materials which is referenced in <br />the staff report below, and included as Attachments 2 & 3. The City also contracted with <br />Environalysis, LLC to review the application for RF exposure and noise impacts. This report is <br />also referenced in the staff report below, and included as Attachment 4. <br /> <br />In accordance with EC 9.7055, the Type III land use application procedures from EC 9.7300 <br />through EC 9.7340 are applicable to the current request. Conditional Use Permit criteria are <br />listed at EC 9.8090. Also applicable to this proposal are the Telecommunication Standards listed <br />at EC 9.5750. The following evaluation also addresses details of the proposal in the context of <br />compliance with the applicable approval criteria and related standards. <br /> <br />The applicant’s written statement and plans are incorporated herein by reference regarding the <br />description provided for the present land use request. For additional details, please refer to the <br />following staff evaluation of the proposal and third-party party consultant reviews, in the <br />HO Agenda - Page 4 <br />