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HomeMy WebLinkAboutCAG2020-129 - Extension - New Cingular Wireless PCS, LLC - Extension of FCC Shot-Clock Deadlines - 11/15/2021ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached November 15, 2021 Christina M. Schuck Assistant City Attorney City of Kent, Washington 220 Fourth Avenue South, Kent, WA 98032 SENT VIA EMAIL: CSchuck@kentwa.gov RE: Extension of FCC Shot-Clock Deadlines AT&T Small Wireless Facility Site Applications: ID ## 17731-026 (REFC-2204071), 27041-124 (REFC-2204125) Dear Christina: As you know, on February 2, 2021, New Cingular Wireless PCS, LLC (“AT&T”) the City of Kent (“City”) agreed via letter to extend the shot clock for seven (7) applications for the installation of small wireless facilities (“SWF”); two (2) of these applications were AT&T site identification numbers 17731-026 and 27041-124 (the “Applications”). The letter agreement extended the shot- clock deadline for fourteen (14) days, to commence upon AT&T’s submittal of responses to the City’s Notice of Incomplete Application dated January 7, 2021. On September 29, 2021, AT&T submitted responses to the City’s Notice of Incomplete Application dated January 7, 2021 for the Applications. This letter will confirm that the City and AT&T agree to extend the Federal Communications Commission (“FCC”) shot clock for the timely review of the Applications. As noted above, AT&T filed the Applications on November 24, 2020. Under Section 332 of the federal Telecommunications Act of 1996, and relevant FCC Orders, the City must review and act on the Application within sixty (60) days from each respective filing date, plus any applicable tolling period. As discussed above, the City and AT&T previously agreed to a tolling period of fourteen (14) days after AT&T’s submittal of responses. As of the date of this letter, the City has not approved or denied the Applications. In the interest of cooperation and to preserve AT&T’s statutory rights, City and AT&T agree to extend the shot- clock deadline for the Applications until 11:59 p.m. on November 30, 2021. When countersigned, this letter will confirm agreement between the City and AT&T to toll the sixty (60)-day FCC shot clock as described in this letter. The parties further agree that no limitations period for any claim related to the timing of the City’s processing of the Applications shall commence to run before the passage of the new shot-clock deadline described above. To confirm the City of Kent’s agreement, please countersign below and return this letter to me. DocuSign Envelope ID: D6D69058-2EFC-4BE2-959A-FCE9A71A4939 2 Thank you for your continuing assistance in the City’s review of the Application. MasTec and Coastal Business Group remain available to address any question or concern you may have in your review. Sincerely, __________________________________________ Moriah Gould cRAN Site Acquisition Project Manager New Cingular Wireless PCS, LLC cc: Tania Reyes-Selden, Paralegal, TRSelden@kentwa.gov Agreed: City of Kent ______________________________________ By: ___________________________________ DocuSign Envelope ID: D6D69058-2EFC-4BE2-959A-FCE9A71A4939 Rob Knutsen