Decision and Order

Pursuant to the foregoing Findings of Fact and Opinion, the Connecticut Siting Council (Council) finds that the effects associated with the construction, operation, and maintenance of a telecommunications facility at the proposed prime site (31F Clarks Falls Road) in North Stonington, Connecticut, including effects on the natural environment; ecological integrity and balance; public health and safety; scenic, historic, and recreational values; forests and parks; air and water purity; and fish and wildlife are not disproportionate either alone or cumulatively with other effects when compared to need, are not in conflict with the policies of the State concerning such effects, and are not sufficient reason to deny the application and therefore directs that a Certificate of Environmental Compatibility and Public Need, as provided by General Statutes § 16-50k, be issued to Sprint Spectrum d/b/a Sprint PCS for the construction, maintenance, and operation of a wireless telecommunications facility at the proposed prime site at 31F Clarks Falls Road in North Stonington, Connecticut.  We deny certification of the proposed alternate site at 472 Pendleton Hill Road, North Stonington.

The facility shall be constructed, operated, and maintained substantially as specified in the Council’s record in this matter, and subject to the following conditions:

1. The tower shall be constructed as a monopole, no taller than necessary to provide the proposed telecommunications services, sufficient to accommodate the antennas for Sprint PCS, and other telecommunications entities, both public and private, but such tower shall not exceed a height of 150 feet above ground level.

2. The Certificate Holder shall prepare a Development and Management (D&M) Plan for this site in compliance with Sections 16-50j-75 through 16-50j-77 of the Regulations of Connecticut State Agencies.  The D&M Plan shall be submitted to and approved by the Council prior to the commencement of facility construction and shall include: a final site plan(s) for development of the proposed prime site including the location and specifications for the tower foundation, antennas, equipment and foundation for equipment, security fence, access road, and utility line that shall be underground; construction plans for site clearing, tree trimming, water drainage, and erosion and sedimentation controls consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended; landscaping; a tower finish that may include painting; and provisions for the prevention and containment of spills and/or other discharge into surface water and groundwater bodies.

3. Upon the establishment of any new State or federal radio frequency standards applicable to frequencies of this facility, the facility granted herein shall be brought into compliance with such standards.
 
4. The Certificate Holder shall provide electromagnetic radio frequency power density measurements within sixty days following commencement of commercial operation.

5. The Certificate Holder shall provide the Council with a recalculated report of electromagnetic radio frequency power density if and when circumstances in operation cause a change in power density above the levels originally calculated and provided in the application.
 
6. The Certificate Holder shall permit public or private entities to share space on the proposed tower for fair consideration, or shall provide any requesting entity with specific legal, technical, environmental, or economic reasons precluding such tower sharing.
 
7. Following completion of construction, if the facility does not initially provide or permanently ceases to provide wireless services this Decision and Order shall be void, and the Certificate Holder shall dismantle the tower and remove all associated equipment within sixty days, or reapply for any continued or new use to the Council before any such use is made.
 
8. Any antenna that becomes obsolete and ceases to function shall be removed within 60 days after such antennas become obsolete and cease to function.

9. Unless otherwise approved by the Council, this Decision and Order shall be void if the facility authorized herein is not operational within one year of the effective date of this Decision and Order or within one year after all appeals to this Decision and Order have been resolved.

Pursuant to General Statutes § 16-50p, we hereby direct that a copy of the Findings of Fact, Opinion, and Decision and Order be served on each person listed below, and notice of issuance shall be published in The Hartford Courant, Norwich Bulletin and the New London Day.

By this Decision and Order, the Council disposes of the legal rights, duties, and privileges of each party named or admitted to the proceeding in accordance with Section 16-50j-17 of the Regulations of Connecticut State Agencies.

The parties and intervenors to this proceeding are:

Applicant

Sprint Spectrum, d/b/a Sprint PCS
 

Thomas J. Regan, Esq.
Brown, Rudnick, Freed & Gesmer, P.C.
CityPlace 1, 38th Floor
185 Asylum Street
Hartford, CT  06103-3402