(1) To apply for a certificate of public
convenience and necessity, a utility proposing to construct a
telecommunications antenna tower in an area which is not within the
jurisdiction of a planning unit that has adopted planning and zoning
administrative regulations in accordance with KRS Chapter 100, shall file with
the Public Service Commission the following information:
(a) All documents and information required
by:
1.
807 KAR 5:001,
Section 14, except that the applicant shall file with the commission the
original and five (5) copies of the application; and
2.
807 KAR 5:001,
Section 15(2)(a), (b), (c), (d) and (g);
(b) A copy of the utility's applications to
the Federal Aviation Administration and Kentucky Airport Zoning Commission and
written authorizations from these agencies as soon as they are
available;
(c) A copy of the
utility's application to, and authorization from, the Federal Communications
Commission, if applicable;
(d) A
geotechnical investigation report, signed and sealed by a professional engineer
registered in Kentucky, that includes boring logs, foundation design
recommendations, and a finding as to the proximity of the proposed site to
flood hazard areas, except that the utility may file findings prepared by a
land surveyor as to the proximity of the proposed site to flood hazard
areas;
(e) Clear directions from
the county seat to the proposed site, including highway numbers and street
names, if applicable, with the telephone number of the person who prepared the
directions;
(f) The lease or sale
agreement for the property on which the tower is proposed to be located, except
that, if the agreement has been filed in abbreviated form with the county
clerk, utility may file a copy of the agreement as recorded by the county
clerk;
(g) The identity and
qualifications of each person directly responsible for the design and
construction of the proposed tower;
(h) A site development plan or survey, signed
and sealed by a professional engineer registered in Kentucky, that shows the
proposed location of the tower and all easements and existing structures within
500 feet of the proposed site on the property on which the tower will be
located, and all easements and existing structures within 200 feet of the
access drive, including the intersection with the public street
system;
(i) A vertical profile
sketch of the tower, signed and sealed by a professional engineer registered in
Kentucky, indicating the height of the tower and the placement of all
antennas;
(j) The tower and
foundation design plans and a description of the standard according to which
the tower was designed, signed and sealed by a professional engineer registered
in Kentucky;
(k) A map, drawn to a
scale no less than one (1) inch equals 200 feet, that identifies every
structure and every owner of real estate within 500 feet of the proposed
tower;
(l) A statement that every
person who, according to the records of the property valuation administrator,
owns property within 500 feet of the proposed tower has been:
1. Notified by certified mail, return receipt
requested, of the proposed construction;
2. Given the commission docket number under
which the application will be processed; and
3. Informed of his right to request
intervention;
(m) A list
of the property owners who received the notice, together with copies of the
certified letters sent to listed property owners;
(n) A statement that the county judge
executive has been:
1. Notified by certified
mail, return receipt requested, of the proposed construction;
2. Given the commission docket number under
which the application will be processed; and
3. Informed of his right to request
intervention;
(o) A copy
of the notice sent to the county judge executive;
(p) A statement that:
1. Two (2) written notices meeting the
requirements of subsection (2) of this section have been posted, one (1) in a
visible location on the proposed site and one (1) on the nearest public road;
and
2. The notices shall remain
posted for at least two (2) weeks after the application has been
filed;
(q) A statement
that notice of the location of the proposed construction has been published in
a newspaper of general circulation in the county in which the construction is
proposed.
(r) A brief description
of the character of the general area in which the tower is proposed to be
constructed, which includes the existing land use for the specific property
involved;
(s) A statement that the
utility has considered the likely effects of the installation on nearby land
uses and values and has concluded that there is no more suitable location
reasonably available from which adequate service to the area can be provided,
and that there is no reasonably available opportunity to co-locate, including
documentation of attempts to co-locate, if any, with supporting radio frequency
analysis, where applicable, and a statement indicating that the utility
attempted to co-locate on towers designed to host multiple wireless service
providers' facilities or existing structures, such as a telecommunications
tower, or another suitable structure capable of supporting the utility's
facilities; and
(t) A map of the
area in which the tower is proposed to be located, that is drawn to scale and
that clearly depicts the necessary search area within which a site should,
pursuant to radio frequency requirements, be located.
(2)
(a) The
notices required by subsection (1)(p) of this section shall:
1. Be at least two (2) feet by four (4) feet
in size; and
2. Except as provided
by paragraph (b) of this subsection, state the following: "(Name of utility)
proposes to construct a telecommunications ("tower" or "monopole") on this
site. If you have questions, please contact (name and address of utility) or
the Executive Director, Public Service Commission, 211 Sower Boulevard, PO Box
615, Frankfort, Kentucky 40602. Please refer to (assigned docket number) in
your correspondence."
(b) The notice posted on the nearest public
road shall state the following: "(Name of utility) proposes to construct a
telecommunications ("tower" or "monopole") near this site. If you have
questions, please contact (name and address of utility) or the Executive
Director, Public Service Commission, 211 Sower Boulevard, PO Box 615,
Frankfort, Kentucky 40602. Please refer to (assigned docket number) in your
correspondence."
(c) In both posted
notices, the word "tower" or "monopole" shall be printed in letters at least
four (4) inches high.