DOCKET NO. 172 - An application of TCI Cablevision of Central Connecticut for a Certificate of Environmental Compatibility and Public Need for the construction, operation, and maintenance of a community antenna television head-end facility at 222 New Park Drive, Berlin, Connecticut.

Connecticut Siting Council

March 13, 1996

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 community antenna television head-end facility at the proposed site in Berlin, 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 Compatibly and Public Need as provided by General Statutes § 16-50k, be issued to TCI Cablevision of Central Connecticut, for the construction, operation, and maintenance of a community antenna television head-end facility at the proposed site, located at 222 New Park Drive, Berlin, Connecticut.

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 Certificate Holder shall provide to the Council a plan for erosion and sediment controls, consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended, along the east, north, and west perimeters of the proposed site prior to the start of construction.

2. Consistent with Section 16-50j-77 of the Regulations of Connecticut State Agencies, the Certificate Holder shall provide the Council notification of:

    a. commencement of construction;

    b. completion of construction;

    c. completion of site rehabilitation; and

    d. commencement of operation.

3. The Certificate Holder shall provide to the Council a comprehensive landscape plan, subject to Council approval, including alternate plantings of 10- and 15-foot white pines on the earth berms along the north and east perimeters of the facility.

4. The Certificate Holder shall provide the Council a calculated report or measurement of electromagnetic radio frequency power density if and when circumstances in operation and the transmission of radio frequency cause a change in power density above the levels originally measured and provided in the application.

5. 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.

6. If the facility does not initially provide, or permanently ceases to provide community antenna television services following completion of construction, this Decision and Order shall be void, and the Certificate Holder shall dismantle the parabolic reflector earth station antennas and remove all associated equipment or re-application for any continued or new use shall be made to the Council before any such use is made.

7. Unless otherwise approved by the Council, this Decision and Order shall be void if all construction authorized herein is not completed within three years of the effective date of this Decision and Order or within three years after all appeals to this Decision and Order have been resolved.

8. The Certificate Holder shall notify the Council upon completion of construction and provide the final cost to construct the facility.

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 Herald.

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: