CSC: East Hampton Docket No. 229 Decision and Order

DOCKET NO. 229 – Sprint Spectrum, L. P. application for a Certificate of Environmental Compatibility and Public Need for the construction, maintenance and operation of a cellular telecommunications facility at Public Works Drive, East Hampton, Connecticut.








November 21, 2002

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 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 L. P. (Sprint) for the construction, maintenance and operation of a wireless telecommunications facility at the proposed site located at 1 Public Works Drive in East Hampton, 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 tower shall be constructed as a monopole, no taller than necessary to provide the proposed telecommunications services, sufficient to accommodate the antennas of Sprint, AT&T Wireless LLC, and other entities, both public and private, but such tower shall not exceed a height of 180 feet above ground level.

  1. 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:

    1. a final site plan(s) of site development to include specifications for the tower, tower foundation, antennas, equipment building, security fence, access road, utility line, and landscaping;

    2. a schedule for the removal of the 100-foot town tower; and

    3. construction plans for site clearing, water drainage, and erosion and sedimentation control consistent with the Connecticut Guidelines for Soil Erosion and Sediment Control, as amended.
   3.  Site preparation and construction activities shall occur during the time period of October
       31 through March 31 to reduce potential impacts to populations of the state endangered
       eastern timber rattlesnake (Crotalus horridus).

   4.  The Certificate Holder shall transfer the town’s communication equipment from the 100-
       foot town tower to the approved facility within 30 days of completion of the approved 
       facility. The 100-foot town tower shall be dismantled within 60-days of completion of the 
       approved facility.

   5.  The Certificate Holder shall, prior to the commencement of operation, provide the Council 
        worst-case modeling of electromagnetic radio frequency power density of all proposed
        entities’ antennas at the closest point of uncontrolled access to the tower base,
        consistent with Federal Communications Commission, Office of Engineering 
        and    Technology, Bulletin No. 65, August 1997. The Certificate Holder shall provide a
        recalculated report of electromagnetic radio frequency power density if and when 
        circumstances in operation cause a change in power density above the levels calculated
        and provided pursuant to this Decision and Order.

  1. 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.

  2. 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.

  3. If the facility does not initially provide, or permanently ceases to provide wireless 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 for any continued or new use to the Council before any such use is made.

  4. Any antenna that becomes obsolete and ceases to function shall be removed within 60 days after such antennas become obsolete and ceases to function.

  5. 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, Rivereast News Bulletin, and the Middletown Press.

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:


Sprint Spectrum, L.P.
d/b/a Sprint PCS

Its Representative

Thomas J. Regan, Esquire
Brown Rudnick Berlack Israels LLP
CityPlace I, 38th Floor
185 Asylum Street
Hartford, CT 06103-3402
(860) 509-6522


AT&T Wireless PCS, LLC
d/b/a AT&T Wireless

Its Representative

Christopher B. Fisher
Cuddy & Feder & Worby
90 Maple Avenue
White Plains, NY 10601
(914) 761-1300

Content Last Modified on 12/3/2002 12:07:57 PM