May 27, 2015 <br />Page 2 <br />The proposed project meets all of the City of Eugene's criteria and submittal <br />requirements for siting of new wireless telecommunication facilities, including height, <br />setbacks and design. <br />II. Applicable Federal Law <br />Under the Telecommunications Act, decision makers may not consider the <br />environmental effects (including health effects) of the proposed site if the site will <br />operate in compliance with federal regulations. 47 U.S.C. Section 332(c)(7)(B)(iv). <br />The report submitted with the initial application entitled Non-Ionizing Electromagnetic <br />Exposure Analysis prepared by Hatfield & Dawson (HOA p. 249-253)1 demonstrates the <br />proposed facility will operate well below the Federal Communications Commission's <br />(FCC) RF Emissions regulations. Consideration of environmental effects, including health <br />concerns, is preempted under federal law and any testimony or documents introduced <br />relating to the environment or health effects of the proposed site should be disregarded <br />in this proceeding. <br />III. Applicable Local Law <br />A. Sufficiency of Radio Frequency Statement <br />The City of Eugene engaged the Center for Municipal $olutions to review Conditional <br />Use Permit Application CU14-3 to satisfy the City's obligation under Eugene Municipal <br />Code 9.5750(11), which requires the City manager to retain one or more consultants to <br />verify the accuracy of statements made in connection with an application for a building <br />or land use permit for a telecommunications facility. <br />The reports contain inaccurate representations of federal law and local code criteria, <br />misleading assertions, and suggestions of AT&T misrepresentation without any <br />supporting facts. AT&T responded in detail to these statements in HOA, Ex. 18. <br />AT&T requests that the Municipal $olutions report be excluded from consideration by <br />the Hearings Official because the consultant who prepared it is neither an expert nor a <br />fact witness for the following reasons: <br />• The author of the report, L.S. "Rusty" Monroe is not a licensed engineer, nor <br />does he identify any professional degrees or training on his website. He lacks <br />the education and engineering certification to provide expert radio frequency <br />engineering testimony; <br />1 HOA refers to the Hearings Official Agenda document which includes the staff report and 20 exhibits. <br />