July 3, 1996
Introduction
The demand for placing commercial antennas on County of Erie property is growing and is expected to continue for several years. Commercial antennas are necessary to deliver new wireless technology services to Western New York. These new wireless services are expected to be required by business and industry as well as residential and governmental customers in the future. Supporting the development of wireless services is important to Erie County's economic development. It may also provide lease revenues that will help defray the general costs of government.
There are currently two wireless analog telecommunications providers in Erie County. There are now two wireless digital telecommunications providers authorized to provide service in Erie County with four additional service bands available for future use. Other new technologies, such as wireless multi-channel multi-point distribution services, can be expected to require antenna use.
The public sector has antenna requirements for public safety, transportation and emergency wireless communications.
Therefore, in order to provide for the development of wireless telecommunications services in Erie County and in accordance with section 704.C. of the Telecommunications Act of 1996, the following procedures shall be followed by County departments and agencies.
Policy
1) Requests for the use of property, rights-of-way, and easements by duly authorized providers should be granted absent unavoidable direct conflict with the department's or agency's mission, or the current or planned use of the property, rights-of-way, and easements in question.
2) Upon request, and to the extent permitted by law and where pracicable, departments and agencies shall make available County Government buildings and lands for the siting of mobile service antennas. This should be done in accordance with Federal, State and local laws and regulations, including the County Advisory Review Committee Procedures and the County Parks Protection Law. It should be done in a manner consistent with public concerns, including minimizing mutual electromagnetic interactions, public health and safety concerns, environmental and aesthetic concerns, and other relevant department and agency mandates.
3) Re-use of existing towers and co-location of antennas on towers, County buildings or land is in the public interest and must be achieved whenever possible if the community is to avoid a proliferation of tall communications towers.
4) Co-location of at least three users on the same tower produces an outcome more preferable by (a) achieving greater co-location; b) mitigating impact on land use and aesthetic harm; c) providing opportunities for tower sharing for public safety communications; and d) benefitting the taxpayers from the payments made for tower or location use.
5) The County shall retain the right to reject inappropriate siting requests, assure adequate protection of public property, approve structural considerations including design, strength and maintenance of installations, and require timely removal of equipment and structures at this end of service.
6) All procedures and mechanisms adopted regarding access to County property shall be clear and simple so as to facilitate the efficient and rapid build out of the County's wireless communications infrastructure.
7) Unless otherwise prohibited by or inconsistent with County law, agencies shall charge fees based on market value for siting antennas on County property and may use competitive procedures if not all applicants can be accommodated.
8) The siting of mobile services antennas should not be given priority over other authorized uses of County buildings or land.
9) Antennas and towers may not contain any advertising.
10) The County Division of Information and Support Services will act as a central clearing house for all commercial antenna, towers and other telecommunications related activity. Information and Support Services will consult with the Department of Public Works regarding structural and physical placement questions, with the Department of Environment and Planning regarding environmental review requirements, with the Division of Budget, Management and Finance regarding compensation and with the County Attorney regarding contracts.
Procedures
1) Each department and agency which operates and controls real property is responsible individually for determining the programmatic impact of placing commercially owned antennas on their properties.
2) Each department and agency should review their rules, policies, or procedures for allowing commercial use of their properties and modify them as necessary to comply with this policy.
3) Preliminary decisions on the acceptability of proposed sitings should be rendered as soon as possible. Denials of requests should provide the applicant with an explanation of the reasons for denial. Preliminary approvals should cite all conditions which must be met to render final approval. Final decisions will require a legislative resolution authorizing a contract with the vendor, as well as legal, technical and departmental approval.
4) Any inquiry regarding placement of commercial antennas or use of towers on County properties should be immediately directed to the Director of the Division of Information and Support Services, including contacts received by departments or agencies which have direct custody and control of the property or location.
5) Information and Support Services will require the firm or individual to indicate in writing their interests, identify the property, and provide specific information on their proposal.
6) The Division of Information and Support Services will advise applicants on specific application procedures/criteria and will contact the department or agency responsible for managing the site. Department managers will make determinations on suitability and will work with Information and Support Services on the necessary arrangements for approvals, leases and the legal instruments necessary for the siting of commercial antennas. The Division of Budget, Management and Finance will be invited to participate in all negotiations regarding renumeration.
Contact the Director of Information and Support Services at Room 1500, 95 Franklin Street, Buffalo, New York 14202, (716) 858-6141, fax (716) 858-8072.
July 3, 1996