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�soN c <br />JEFFERSON COUNT V <br />DEPARTMENT OF COMMUNITY DEVELOPMENT <br />621 Sheridan Street ! Part Townsend, WA 983681 Web: www.co,iefferson.wa.uslcommunitydeyelopnlant <br />Rsf![ Nii'�O <br />Tel: 360,379 4450 { Fax' 360,379.4451 1 Email: dcd�u (;.iefferson.wa.us <br />BiAling Permits & Inspections j Development Consistency Review F Lang Range Planning I Watershed Stewardship Resource Centor <br />Jefferson County Code Interpretation <br />Date: September 19, 2012 <br />]sued by: Jefferson County DCD Planning Manager/Title 18 JCC Administrator <br />Affected: All properties within Jefferson County containing legal nonconforming or permitted <br />wireless communication facilities <br />Subject: Clarification of Section 6409. Wireless Facilities Deployment of "Public Law 112-96— <br />February 22, 2012, Middle Class Tax Relief and Job Creation Act of 2012" as it pertains <br />to modification of existing; wireless towers and base stations and Clarification of <br />Administrative Ruling by the FCC, November 1.8, 2009 <br />Summary of Issue <br />This request for a Code Interpretation was initiated by the Title 18 JCC Administrator to clarify: <br />■ Section 6409(a). Wireless Facilities Deployment of Public Law 112-96—February ?Z, 2012. Middle <br />Class Tax Belief and .lob Creation Act of 2012 as it pertains to modification of existing wireless towers <br />and base stations throughout Jefferson County but particularly within rural residential zoning. <br />• Federal Communications Commission, Declaratory Ruling November 18, 2009 requiring local <br />jurisdictions to act on a personal wireless service facility siting application within 90 days for collocation <br />applications. The Declaratory Ruling was issued by the FCC because the firms providing personal <br />wireless service requested the FCC numerically define an otherwise ambiguous statutory phrase: <br />"reasonable period of time." The Declaratory Ruling allows the personal wireless service providers to <br />sue if a local government fails to make a permitting decision within these time frames. <br />In its entirety Subsection (a) Facility Modification of Section 6409. Wireless Facilities Deployment reads: <br />(a) FACILITY MODIFICATIONS. -- <br />(1) IN GENERAL. Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law <br />104-104) or any other provision of law, a State or local government may not deny, and shall approve, any <br />eligible facilities request for a modification of an existing wireless tower or base station that does not <br />substantially change the physical dimensions of such tower or base station. <br />(2) ELIGIBLE FACILITIES REQUEST.—For purposes of this subsection, the term "eligible facilities. <br />request" means any request for :modification of an existing wireless tower or base station that involves— <br />(A) collocation of new transmission equipment; <br />(I3) removal of transmission equipment; or <br />(C) replacement of transmission equipment. <br />