DOCKET NO. 179 - An application of WHUS Radio for a Certificate of Environmental Compatibility and Public Need for the construction, operation, and maintenance of a telecommunications facility at the University of Connecticut Campus approximately 2,700 feet northwest of the intersection of North Eagleville Road and Storrs Road (Route 195), Storrs, Connecticut.

Connecticut Siting Council

November 19, 1997

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 of a telecommunications tower and associated equipment at the proposed site in Storrs, 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 WHUS Radio for the construction of a telecommunications tower, associated equipment, and an equipment building at the proposed site, located at the University of Connecticut, north of North Eagleville Road, Storrs, 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 height of the proposed tower shall not exceed a height of 327 feet above ground level (AGL).

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 construction and shall include specifications for the placement of all antennas to be attached to this tower; confirmation by a Professional Engineer that the tower design is adequate to hold all proposed antennas and meets all current applicable structural standards; plans for the new equipment building; and plans for water drainage and erosion and sedimentation controls consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended.

3. The Certificate Holder shall remove the existing 212-foot WHUS tower within 60 days of the completion of the new tower.

4. No construction activities shall be undertaken on the proposed site from March 1 to June 30, so that the two existing populations of species of special concern are not affected.

5. Upon the establishment of any new State or federal radio frequency standards applicable to frequencies used at this facility, the facility granted herein shall be brought into compliance with such standards.

6. The Certificate Holder shall provide the Council 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.

7. The Certificate Holder shall permit public and/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.

8. If the facility does not provide, or permanently ceases to provide the proposed telecommunications services following completion of construction, this Decision and Order shall be void, and the Certificate Holder shall dismantle the tower and remove all associated equipment or reapply to the Council for any proposed new use. If any associated equipment permanently ceases to provide the proposed telecommunications services, such equipment shall be removed within 60 days after such equipment ceases to provide the proposed telecommunications services.

9. 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.

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 and The Willimantic Chronicle.

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:

WHUS Radio,
The University of Connecticut

Paul ShapiroAssistant Attorney General
University of ConnecticutBox U-177, 605 Gilbert Road
Storrs, CT  06269-1177(860) 486-4241

John Murphy
General Manager
WHUS Radio
The University of Connecticut
Box U-8R, 2110 Hillside Road
Storrs, CT  06269-3008(860) 486-2955

Bell Atlantic NYNEX Mobile

Jennifer Young Gaudet
Regulatory Manager
Bell Atlantic NYNEX Mobile
20 Alexander Drive, P.O. Box 5029
Wallingford, CT  06492(203) 949-2805

Content Last Modified on 8/9/2002 1:15:53 PM