Application for Eligible Facilities Request

About the Program

Category: County Administration and Management (Best in Category)

Year: 2017

In Spring of 2015, Douglas County became aware that it would be required to address new Federal Communications Commission (FCC) rules preempting the County’s typical process and standards for reviewing modifications to existing wireless communication facilities. The new “eligible facilities” rules defined the types and amounts of permitted expansions or additions that were specifically preempted from further regulation subject to a time-restricted County eligibility determination process. The County was able to quickly develop an appropriate review mechanism to address the legal requirements of the new FCC rules that did not require an amendment to its existing telecommunications regulations. Rather, the County developed an “Application for Eligible Facilities Request” form which, in addition to capturing standard information, also served as a submittal checklist, project assessment tool, timeline tracker, and final determination document. Incorporated in the eligible facilities request application are the specific modification limits defined in the FCC rules, along with sections to track critical timelines and required County determinations. The application is structured to require a cell provider to include information in a format which readily allows the County to review the requested change against the permitted FCC thresholds. Other sections of the form allow staff to track the critical timelines in the FCC rules, as well as the date of submittal, the date of completeness check, and the date of final eligible facilities determination. Since October of 2015, the County has processed close to 50 modification requests, with most eligibility determinations being complete within two weeks of submittal. Due to the structure of the application, time spent by staff in reviewing these types of requests has been minimized, while ensuring that requested modifications are fully compliant with the latest FCC preemptions and applicable County regulations.