r <br />~ ' <br />BEFURE THE PLANNING C~MMISSI~N <br />CIT'Y OF EUGENE, GREGUN . <br />Appeal of New Cingular Wireless PCS, LLC ,APPEAL STATEMENT OF NEW <br />by AT&T Mobility Corporation, Its Manager CZNGULAR WIRELESS PCS, LLC <br />from the Hearings Off cial's decision mailed ~ . <br />August 3, Zol 1 regarding the AT&T Mobility Cell <br />Tower on the Oakway Golf Course ~ ~ ~ ~ . <br />File Na, :PDT 102 & CU~ 11 ~ 1 <br />AFPEAL~STATEMENT GF~~NEW CINGULAR WIRELESS PCS LLC ~mn n~~~n~ wn~~~+•~ ~ w i~A <br />' ~ ~ r <br />1 New Cin ular 'Fireless PCS LLC "AT&T" hereb a eals the Hearin s Official's decision in g ~ ~ } Y Pp .g <br />2 this matter mailed on August 3, 2011 for the fallowing reasons: <br />3 1, Re uirement that the new noise stud not include a variance. The Hearings Off cial's <br />4 findings are to be supported by substantial evidence on the record. The Hearings official ~ . <br />5 -acknowledged that there is no evidence in the record that by burying the equipment cabinets, ~ • <br />6 AT&T will be in compliance with the noise requirements in EC 9.57507}~f} noise reduction}, <br />7 Nonetheless, the Hearings Official ordered that AT&T may not apply for a variance under <br />$ EC 9.57509}~c} variance from underground ancillary facilities}, which would require AT&T to <br />9 place its ancillary facilities underground pursuant to EC 9.57508} underground ancillary <br />~o facilities}. The Hearings Official acknowledged that he simply "believes" AT&T can comply <br />2 i with this standard, despite ~ the lack of any evidence in the record to support the Hearings . <br />12 Official's belief, <br />13 ATB~T requests that the Hearings Official's decision be revised to allow AT&T to submit <br />~4 a new noise study andlor a variance request in any form in order to comply with the approval <br />Appeal Statement of New Cingular Vilireless PCS, Lt,C 1 File No. PDT 10-2 & CU 11-~ ~ ~ , ~ <br />' PC Agenda -Page 15 <br />