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HomeMy WebLinkAboutPLN 18-14 Cal CO L Report to ' ' ' Planning & Development Committee PICKERIN G Report Number: PLN 18-14 Date: September 2, 2014 From: Thomas Melymuk Director, City Development Subject: City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) - File: A-1110-004 Recommendation: 1. That the City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) dated September 2014, as set out in Appendix 1 to Report PLN 18-14, be approved; and 2. Further, that industry representatives, resident associations and other interested parties be advised of the City's approved Protocol, and that the approved Protocol be made available through the City's website. Executive Summary: The City's Cell Tower Protocol enhances the public consultation process set out by Industry Canada, and provides Pickering-specific location and design guidelines for antenna systems located in the City. On December 9, 2013, City Council authorized staff to circulate the draft Protocol to the public, industry representatives and other stakeholders to seek their comments. Through the consultation process several concerns and comments were received from industry representatives, resident associations and the public. In response to the circulation process, staff have made a number of changes to the proposed protocol (see Table 1 - Comments Received on the City's Draft Protocol and Staff Response, Attachment#1). As well, Industry Canada has recently amended its default protocol (published on July 15, 2014). Many of these amendments were already included in the City's draft protocol, although some of the language in the recommended protocol changed to be consistent with Industry Canada's recent amendments. The City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) is provided as Appendix I. Staff recommend that: the City of Pickering Cell Tower Protocol be approved; interested stakeholders be advised • of the approved Protocol; and that a copy of the City's Cell Tower Protocol be placed on the City's web site for information. 47 Report PLN 18-14 September 2, 2014 Subject: City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) Page 2 Financial Implications: No direct costs to the City are anticipated as a result of the recommendations of this report. The City Development Department presently collects an application fee of$2,750 for each Radio Communication and Broadcasting Antenna System proposal. Discussion: 1. A Draft Cell Tower Protocol was prepared for consultation On December 2, 2013, the City's Planning & Development Committee considered the recommendations of Report PLN 27-13 respecting a draft City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol). On December 9, 2013, Council passed resolution #152/13, which authorized staff to: circulate the draft Protocol to the public, industry representatives and other stakeholders for comments; and bring back a recommended Protocol for Council's consideration. 2. . Consultation took place during January 2014 City Development staff sent out mailings to all registered Resident Associations, the Altona Forest Stewardship Committee, Industry Canada and telecommunication providers requesting their comments on the draft Protocol. In addition, two advertisements were placed in the Pickering News Advertiser— Community Page, and a public notice was prepared and posted on the City's Website and Facebook page. The public consultation process concluded on January 31, 2014. • 3. Numerous comments, suggestions and requests for clarification on the draft Cell Tower Protocol were received During the Planning & Development Committee's discussion of the draft Protocol at the December 2, 2013 meeting, Committee members asked a number of questions for staff to further review. Through the public consultation process, five written submissions were received from the City's Heritage Committee, the West Shore Community Association, the Altona Forest Stewardship Committee, a resident (Vic Rudik) and a solicitor acting on behalf of Bell, Rogers Wireless and Telus (Frank D'Agostino of Thompson Rogers Lawyers). In addition, a meeting was held with Mr. D'Agostino. A summary of these comments and staffs response are contained in Table 1 - Comments Received on the City's Draft Protocol and Staff Response, which is provided as Attachment#1. Recommended changes are itemized in the Table 1, and are highlighted in Section 5 of this Report. 48 • Report PLN 18-14 September 2, 2014 Subject: City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) Page 3 4: At the same time as the City was finalizing its Cell Tower Protocol, Industry Canada's revised its default protocol • On July 15, 2014, Industry Canada published a revised default Protocol (see Radiocommunication and Broadcasting Antenna Systems, Client Procedures Circular, CPC-2-0-03, Issue 5, Attachment#2). Some of the amendments were. completed to align with key elements of the template protocol prepared by the Federation of Canadian Municipalities (FCM) and the Canadian Wireless Telecommunications Association (CWTA). • The changes to Industry Canada's Protocol included: • requiring proponents of tower structures under 15 metres in height that are used for telecommunication carriers or broadcasting undertakings, or are . proposed by a by third party owner, to consult with the land use authority and the public • exempting non-tower structures, such as antennas on building, water towers, lamp posts, etc.) from the requirement to consult with the land use authority and the public • clarifying who is subject to the protocol, such as telecommunication carriers, businesses, governments, crown agencies, the public, and third party tower owners • updating the requirements for the consultation process to ensure public notifications are not perceived as junk mail; and • establishing a time limit for the construction of a tower or antenna system of • three years from the conclusion of the public consultation, after which a new consultation process is required 5. Recommended Modifications to the Cell Tower Protocol As a result of staffs review of the comments and submissions received, and Industry Canada's new default Protocol, the following are the key changes to the recommended City's Protocol: • requiring proponents of tower structures under 15 metres in height that are used for telecommunication carriers or broadcasting undertakings, or are proposed by a by third party owner, to consult with the land use authority and the public • exempting non-tower structures, such as antennas on building, water towers, lamp posts, etc.) from the requirement to consult with the land use authority and the public • clarifying that the City's process for expanded notification radius will be through consultation with the Mayor and Ward Councillors • clarifying the City's role and responsibility regarding the review of a proposed telecommunication tower, and that in the event of a dispute between the City and the applicant, Industry Canada makes the final decision 49 • Report PLN 18-14 'September 2, 2014 Subject: City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) Page 4 • clarifying who is subject to the protocol, such as telecommunication carriers, businesses, governments, crown agencies, the public, and third party tower owners • clarifying that tower height calculation cannot include an artificially raised ground level • clarifying that the notification radius is calculated from the tower base or . furthest point of support mechanisms (such as a guy wire) • requiring notification to City's Heritage Advisory Committee, where a tower is • not only "on" heritage properties or within a heritage district, but also "adjacent to" heritage properties or a heritage district • simplifying minimum submission requirements for a preconsultation meeting • deleting the definition of "Community Sensitive Uses" . • establishing a time limit for the construction of a tower or antenna system of three years from the conclusion of the public consultation, after which a new consultation process is required; and • requiring network operators to remove redundant towers in a time frame mutually agreed to by the operator and the City, not exceeding two years of ceasing to be in operation 6. Following approval of a City Protocol, staff will make information available through the Pickering's website Approval of this protocol will enhance and clarify the public consultation process, and provide specific location and design guidelines for antenna systems located in the City while enabling the development of a high caliber wireless telecommunication network to service Pickering. It is recommended that City Council approve the recommended City of Pickering Radiocommunication and Broadcasting Protocol (Cell Tower Protocol) — September 2014 provided as Appendix I. Subsequently, staff will create a page on the City's website allowing residents and proponents to download a copy of the City's Cell Tower Protocol. The webpage will provide additional information regarding the City's review process and community engagement process. Links to Industry Canada and Health Canada will also be provided on this page. • 50 Report PLN 18-14 September 2, 2014 Subject: City of Pickering Protocol for Radiocommunication and Broadcasting Antenna Systems (Cell Tower Protocol) Page 5 • Appendix Appendix I Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol), September 2014 Attachments: 1. Table 1 - Comments Received on the City's Draft Protocol and Staff Response 2. Radiocommunication and Broadcasting Antenna Systems, Client Procedures Circular, Issue 5, July 15, 2014 Prepared By: Approved/Endorsed By: dPilk‘ :arnett Catherine Rose, M4IP, RPP Senior Planner— Site Planning Chief Planner Nilesh Surti, MCIP, RPP Thomas Melym k, MCIP, RPM Manager, Development Review Director, City Development & Urban Design TB:jf Recommended for the consideration of Pickering City Council ij fie{ 2/2(4' Tony Prevedel, P.Eng. . Chief Administrative Officer • 51 Appendix Ito Report PLN 18-14 Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol) • 52 • • Calf 41IPA WY Nal G Radiocommunication and Broadcasting Antenna Systems Protocol (Cell Tower Protocol) City Development Department 53 September 2014 Table of Contents Page(s) 1.0 Definitions 4 2.0 Introduction 6 2.1 Purpose 6 3.0. Jurisdiction and Roles 7 3.1 Federal Jurisdiction 7 3.2 Other Federal Legislation 7 3.3 Role of the City of Pickering 7 3.4 Designated Official for Processing Antenna System Proposals 8 4.0 Exclusions 9 4.1 Excluded Structures 9 5.0 Siting on City Owned Properties 10 6.0 Location and Design Guidelines 11 6.1 Co-location 11 6.2 Preferred Locations 11 6.3 Discouraged Locations 11 6.4 Design 1.2 6.5 Amateur Radio Operators in Residential Areas 13 7.0 Preconsultation with Land Use Authority 14 • 7.1 Preconsultation Meeting 14 7.2 Preconsultation Meeting Requirements 14 7.3 Preconsultation Summary 14 7.4 Formal Submission Requirements 15 7.5 Determination of Complete or Incomplete Request 16 8.0 Public Consultation 17 8.1 Public Consultation Requirements 17 8.2 Public Notification Requirements 17 8.3 Public Notification Package Requirements 18 8.4 Closing Date for Written Public Comments 19 8.5 Public Notice Sign 19 8.6 Newspaper Notice 20 8.7 Public Information Session 21 8.8 Responding to the Public 22 Draft Radiocommunication and Broadcasting Antenna System Protocol Page 2 of 25 54 9.0 Post Consultation 23 9.1 Consultation Summary Package 23 9.2 City Comment on Proposal 23 9.3 Duration of Concurrence 23 10.0 Timeframes 24 10.1 Consultation Timeframes 24 10.2 Supplementary Public Consultation 24 10.3 Redundant Antenna Systems Appendix I Process Flowchart 25 Draft Radiocommunication and Broadcasting Antenna System Protocol Page 3 of 25 55 1.0 Definitions Amateur radio operator: is someone who uses equipment at an amateur radio station to engage in two-way personal communications with other amateur operators on radio frequencies assigned to the amateur radio service. Co-location: the placement of antennas and equipment operated by one or more proponents on a telecommunication Antenna System operated by a different proponent, thereby creating a shared facility. Designated Community Association: area or neighbourhood-specific group that is recognized by the Municipality. Designated Municipal Officer (and his or her designate): the municipal staff member(s) tasked with receiving, evaluating and processing submissions for telecommunication Antenna Systems. The Designated Municipal Officer's name and contact information is provided in the Antenna System Siting Flowchart provided in this protocol. Downtown Area: shall mean the lands designated as Downtown Core in the City's Official Plan. Elected Municipal Official: the political leader of the demarcated area of the Municipality (e.g., Ward) in which the Antenna System is proposed. Equipment Shelter: a structure used to house the required equipment for the operation of an Antenna System. Environmentally Sensitive Lands: shall mean any lands designated as shoreline and stream corridor, wetlands, environmentally significant areas, Rouge-Duffins wildlife corridor, Altona Forest, flood plain special policy areas and areas of natural and scientific interest and significant woodlands as identified on Schedule Ill in the City of Pickering Official Plan. Heritage Properties/Heritage Conservation District: buildings and structures (e.g., monuments) or areas/neighbourhoods listed or designated under the authority of Part IV or Part V of the Ontario Heritage Act. Land Use Authority(LUA): for the purposes of this protocol Land Use Authority shall mean the City of Pickering. Municipal Departments: branches of municipal government that administer public services and are operated by City staff. Other Agencies: bodies (e.g., boards or commissions) that administer public services but are not operated or staffed by the Municipality. Proponent/Applicant: any company, organization or person who puts forward a proposal to install or modify a telecommunication tower/antenna facility. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 4 of 25 56 Radiocommunication and Broadcasting Antenna System ("Antenna System"): an exterior transmitting device— or group of devices — used to receive and/or to transmit radio-frequency (RF) signals, microwave signals, or other federally-licensed communications energy transmitted from, or to be received'by, other antennas. Antenna Systems include the antenna, and may include a supporting tower, mast or other supporting structure, and an equipment shelter. This protocol most commonly refers to the following two types of Antenna Systems: 1. Freestanding Antenna System: a structure (e.g., tower or mast) built from the ground for the expressed purpose of hosting an Antenna System or Antenna Systems; 2. Building/Structure-Mounted Antenna System: an Antenna System mounted on an existing structure, which could include a building wall or rooftop, a light standard, water tower, utility pole or other. Residential Area: lands used or zoned to permit residential uses; including mixed uses (i.e., commercial use at-grade with residential dwelling units above). Tower Height: height is measured from the lowest ground level at the base, including foundation, to the tallest point of the antenna system. Any attempt to artificially rtyeduce the height (addition of soil, aggregate, etc) is unacceptable. • • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 5 of 25 57 2.0 Introduction There is currently a significant growth in the use of wireless services for personal communications including voice, data and video transmissions. As the City of Pickering's population grows so will the demand for wireless service coverage for personal and business uses. Telecommunications and related facilities are regulated by the Federal Government (specifically Industry Canada) under the Radiocommunications Act. Proponents of wireless facilities are required to consult with local governments and the public as part of the approval process for proposed antenna installations prior to construction. Industry Canada encourages local governments to develop their own protocols, for the consideration of antenna system installations, because of their local knowledge and because local governments are very well qualified to explain to proponents the particular amenities, sensitivities, planning priorities and other relevant characteristics of their municipality. This protocol applies to anyone (referred to in this document as the proponent) who is planning to install or modify an antenna system, regardless of the type of installation. This includes telecommunication carriers, businesses, governments, Crown agencies, and the public. Anyone who proposes uses or owns an antenna system must follow these procedures. The requirements also apply to those who - install towers or antenna systems on behalf of others or for leasing purposes ("third party tower owners). 2.1 Purpose The purpose of this protocol is: 1. To outline a City of Pickering consultation process for the installation and modification of cell towers and other antenna installations covered by this protocol for telecommunications facilities. 2. To outline the City's site selection and design guidelines for cell towers and other antenna installations in Pickering. 3. To enable the development of a high calibre wireless telecommunications service in Pickering. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 6 of 25 58 • 3.0 Jurisdiction and Roles 3.1 Federal Jurisdiction Telecommunication tower/antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by Industry Canada. Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. Notwithstanding the federal government's exclusive jurisdiction, Industry Canada's Radiocommunication and Broadcasting Antenna Systems Client Procedures Circular (CPC-2-0-03), Issue 5 requires proponents address comments and concerns through the City of Pickering public consultation process as outlined in this protocol. In the case of a dispute between the propohent and the City of Pickering, a final decision will be made by Industry Canada. 3.2 Other Federal Legislation As a Federal undertaking, tower facilities must adhere to all applicable Federal regulations and guidelines, including but not limited to: • Industry Canada's Radiocommunication and Broadcasting Antenna Systems Client Procedures Circular (CPC-2-0-03) • Industry Canada's Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements (CPC-2-0-17) • Health Canada's Safety Code 6 - Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 KHZ to 300 GHZ • National Building Code of Canada • Canadian Environmental Assessment Act; and • Transport Canada's painting and lighting requirements for aeronautical safety 3.3 Role of the City of Pickering The role of the City of Pickering as the Land Use Authority (LUA) is to communicate to proponents the planning priorities and other characteristics of the municipality that are relevant to the antenna system proposal. In addition, the City advises the proponent on the public consultation requirements outlined in this protocol. A formal decision on a proposal shall be provided by City Council. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 7 of 25 59 II 3.4 Designated Official for Processing Antenna System Proposals For the purpose of this protocol, the designated official for the City of Pickering having the authority to administer this protocol is the Director, City Development Department ("Director") or designate. All correspondence and materials submitted as part of this consultation process shall be directed to the attention of the Director (or designate). • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 8 of 25 60 • 4.0 Exclusions 4.1 Excluded Structures The following types of antenna system installations or modifications are excluded by Industry Canada from the requirement to consult with the public and the requirement to submit a formal antenna system proposal to the City of Pickering for review: a) New Antenna Systems: where the height is less than 15 metres above ground level. This exclusion does not apply to antenna systems to be used by broadcasting undertakings or telecommunications carriers; b) Existing Towers: modifications may be made, or the tower may be replaced, to facilitate sharing or the addition of antennas, provided that the total height increase is no greater than 25% of the height of the initial antenna system installation. No increase in height may occur within one year of completion of the initial construction; c) Non-Tower Structures: antennas on buildings, water towers, lamp posts, etc. may be installed provided that the height of the structure is not increased by more than 25%; and d) Temporary Antenna Systems: used for special events or emergency operations and must be removed three months after the start of the emergency or special event. e) No consultation is required prior to performing maintenance on an existing antenna system. Individual circumstances vary with each antenna system installation and modification, and the exclusion criteria below should be applied in consideration of local circumstances. Consequently, it may be prudent for the proponent to consult even though the proposal meets an exclusion noted above. Therefore, when applying the criteria for exclusion, proponents should consider such things as: • the antenna system's physical dimensions, including the antenna, mast, and tower, compared to the local surroundings; • the location of the proposed antenna system on the property and its proximity to neighbouring residents; • the likelihood of an area being a community-sensitive location; and • Transport Canada's marking and lighting requirements for the proposed structure Proponents who are not certain if their proposals are excluded, or whether consultation may still be prudent, are advised to contact the City Development Department. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 9 of 25 61 5.0 Siting on City Owned Properties Any request to install an antenna system on lands owned by the City shall be made to the Director (or designate). Proponents must still submit a formal request to the City of Pickering in accordance with Section 7.0 of this Protocol and follow the public consultation. process in accordance with Section 8.0 of this Protocol, unless the proposal meets the exclusion criteria under Section 4.0 of this protocol. Notwithstanding the public consultation requirements outlined in Section 8.0 of this Protocol, the Director (or designate) shall consult with the Mayor and Ward Councillors and following the consultation may broaden the public circulation and content of the notice. • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 10 of 25 62 • 6.0 Location and Design Guidelines The location and design guidelines outlined in this section are established to encourage proponents to select sites that minimize the number of tower and antenna facilities erected in the City and to ensure that selected sites minimize visual impacts on the surrounding area. 6.1 Co-location Before submitting a proposal for an Antenna System on a new site, the proponent must explore the following options: a) Consider sharing, modifying or replacing an existing Antenna System structure. b) Consider using any feasible existing infrastructure in the area, including but not limited to, rooftops, water towers, utility poles or light standards. 6.2 Preferred Locations Where co-location on an existing Antenna System or structure is not possible, proponents are encouraged to: a) Select sites for new towers that are within industrial, commercial, or non- residential areas, and/or that maximize the distance from residential areas, listed and designated heritage buildings and sites, and sensitive institutional uses, and that do not interfere with traffic flows. b) Provide new towers with co-location capabilities. c) On undeveloped sites, locate the structure and equipment shelter so as not to preclude future development opportunities for the site. d) Preserve as much existing vegetation as possible. - e) Consider the use of City owned lands and/or facilities, where technically feasible, and acceptable to the City (see Section 5.0). f) The placement of antenna systems and their equipment shelter, although they are not subject to municipal zoning by-laws, the installation shall not create a noncompliance of any City by-law. 6.3 Discouraged Locations The City discourages the installation of new antenna systems in the following • locations: a) Residential areas except where located on high rise buildings or if needed for emergency service or municipal operations. b) On sites of topographical prominence that would obscure public views and vistas. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 11 of 25 63 c) Within Environmentally sensitive lands. d) On, or immediately adjacent to, Heritage Properties or within Heritage Conservation Districts. e) Within the Downtown area unless on high rise buildings. If no solution is available to meet service demands other than in a location discouraged by the City, the proponent shall provide a detailed rationale for the necessity of the proposed location in the Site Selection/Justification Report submitted to the City. 6.4 . Design Where a new antenna system must be constructed, proponents shall use the following design guidelines to ensure the facility is appropriately designed and sited to minimize visual impacts on the surrounding g area. a) The design should accomodate for future co-location of additional carriers, where appropriate. b) Stealth techniques, such as flagpoles, clock towers, trees, light poles, etc., should be considered and used where appropriate and in harmony with the context of the surrounding area. c) Monopole towers with antennas shrouded or flush mounted are preferred, particularly when the tower is proposed in or near residential areas. d) Equipment shelters should be designed and landscaped in a manner that is compatible and sensitive to the surrounding area. e) Towers and antennas that are attached or adjacent to existing buildings, including rooftop installations, should be screened and/or designed to complement the architecture of the building with respect to form, materials and colour. f) Towers should have non-reflective surfaces and be painted with neutral colours that blend with the surrounding landscape, unless Transport Canada requires the use of other materials or colours (e.g., for aeronautical safety purposes). g) Towers should not be illuminated, unless required by Transport Canada. h) Only signage directly related to an antenna system as required by Industry Canada shall be permitted. No third party advertising or promotion of the owner/operator is permitted on a tower facility, unless approved by the City. Draft Radiocommunication and Broadcasting Antenna System Protocol Page.12 of 25 64 • • 6.5 Amateur Radio Operators in Residential Areas The following location and design guidelines apply to amateur radio operators proposing the installation of new radiocommunication antenna systems in residential neighbourhoods. a) The antenna system should be located in the rear yards of properties. Avoid locating these systems in front or flankage side yards, or on environmentally sensitive lands, designated heritage sites and within a designated heritage conservation district. b) The height of the antenna system should not exceed 15.0 metres above ground level and the width should not exceed 3.0 metres at any point. c) No part of the antenna system should be located within 1.2 metres of any lot line. d) When located on a roof of a building or structure, the antenna system should only be located on that part of the roof closest to the rear yard. e) Non-reflective surfaces and neutral colours that blend with the surrounding area should be used. f) No part of the antenna system shall include or be used for graphics, signage, flags or lighting. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 13 of 25 65 7.0 Preconsultation with Land Use Authority 7.1 Preconsultation Meeting Proponents are required to have a preliminary consultation with the City Development Department prior to submitting a formal request to install an antenna system unless it is an excluded structure in section 4.1. This initial • contact will allow the proponent to meet with staff to discuss the proposal, including the rationalization behind the site selection. During this meeting, City staff will provide preliminary input and comments regarding the proposal such as, but not limited to, land use compatibility, p otential impacts on high profile and sensitive areas, alternative sites, aesthetic or landscaping preferences and other agencies to be consulted. This meeting will also provide an opportunity for City staff to inform the proponent of the formal consultation process outlined herein and to advise on the notification process for this proposal. 7.2 Preconsultation Meeting Requirements • The following information must be provided to the City Development Department to the attention of the Director (or designate) prior to scheduling a preconsultation meeting: a) Cover letter describing the rationale for the proposed location and other potential sites. b) Aerial photos of the potential sites for the antenna system. c) Draft site plan or survey plan of the subject property showing the location of the proposed antenna system in relation to the site and/or buildings on the property. d) Elevation drawings of the proposed antenna system, height and colour. 7.3 Preconsultation Summary . Following the preconsultation meeting, the Director (or designate) will provide the. proponent with a letter outlining the City's requirements and summarizing the results of the preconsultation meeting. The summary letter will generally provide: a) The City's formal submission requirements as set out in Section 7.4. b) A list of plans and studies that may be required. c) A list of municipal departments and agencies to be consulted. • d) An indication of the City's preferences regarding location and design guidelines for the site(s) under discussion. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 14 of 25 66 e) Confirmation of the notification requirements for the proposal, following consultation with the Mayor and Ward Councillors. To expedite the review of the proposal, the proponent is encouraged to consult with the applicable municipal departments and agencies, and obtain applicable written comments/clearances before making a formal submission. 7.4 Formal Submission Requirements When a proposed antenna system does not meet the exclusion criteria identified in Section 4.1 of this protocol, the proponent must submit a formal antenna system proposal to the City for review. For the purpose of this review, the proponent must submit the following materials to the City Development Department to the attention of the Director (or designate): a) A completed Radiocommunication/Broadcasting Antenna System application form and applicable fees. b) A Site Selection/Justification Report prepared by a qualified professional, such as a land use planner or engineer. The report should identify all antenna systems within the vicinity of the proposed location. It should also include details with respect to the coverage and capacity of-the existing antenna systems in the surrounding area and provide detailed evidence as to why co-location on an existing antenna system is not a viable alternative to the construction of a new tower facility. c) Two copies of photo simulations of the proposed tower and associated facilities from four directions; north, south, east and west. d) Ten copies of the full size site\survey plan showing the dimensions of the subject lands, size and type of all-existing and proposed buildings\structures on the subject property and abutting lands, parking, easements, natural and artificial features on the subject and abutting lands (i.e., railways, parking areas, watercourses, roads, woodlots etc.). e) One reduced copy of the site survey plan (letter size). f) Five copies of any required technical reports, background information and other supporting materials. • g) A public notification package. h) A copy of the draft newspaper notice and the proposed date on which it will be published (no sooner than 14 days from the date of request being submitted), if applicable. i) A copy of the draft notice sign to be posted on the subject property, if applicable. j) Any other required information listed in the information package provided to the proponent during or after the preconsultation meeting. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 15 of 25 67 7.5 Determination of Complete or Incomplete Request The Director (or designate) will determine whether the required antenna system documentation is deemed complete or incomplete within 5 working days of receipt of the request. If the required materials listed in Section 7.4 of this Protocol are not complete or provided to the satisfaction of the Director (or designate), the request will be deemed incomplete and the official commencement of the 120 day consultation process will not commence. The Director (or designate) will notify the proponent of the outstanding items to be addressed. When the request is deemed complete by the Director (or designate), the 120 day consultation process will officially commence, and the Director (or designate) will: a) notify the proponent that the request has been deemed complete, and request the proponent to initiate the required public consultation process. b) notify the Mayor and Ward Councillors of the complete request. c) circulate the proposal to the applicable municipal departments and agencies for review and comment. • • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 16 of 25 68 • 8.0 Public Consultation 8.1 Public Consultation Requirements Where a formal Antenna System Review Process is required (as set out in Section 7.4 of this Protocol), the proponent must carry out public consultation in accordance with this Protocol. The proponent must not initiate public notification or consultation for an antenna system proposal until a formal submission has been made to the LUA and written confirmation from the Director (or designate) to proceed with public notification and consultation has been provided. • The proponent shall be responsible for all costs associated with public consultation. 8.2 Public Notification Requirements The proponent is to distribute the public notification packages by mail to the following recipients: a) All property owners and resident associations within a radius of the greater of 150 metres or three times the tower height, measured from the tower base or the outside perimeter of the supporting structure within the urban area and 500 metres for proposals located in the rural area. For the purpose of this requirement, the outside perimeter begins at the furthest point of the supporting mechanism, such as the outermost guy line, building edge, face of the self supporting tower, etc. and a licable City and Re b) The'Ma or an pp tY Regional Ward Councillors in which the g Y antenna s ro osed system stem is located.p c) Adjacent municipalities within 500 metres of the proposed tower facility. Proponents are also required to mail a copy of the public notification package to the Director (or designate). d) For proposals on, or immediately adjacent to, Heritage Properties or Heritage Conservation Districts, the Heritage Pickering Advisory Committee shall be provided a copy of the public notification package. The City Development Department will provide the proponent with a mailing list of all addresses of property owners and resident associations within the required radius. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 17 of 25 69 The envelope for the public notification package should have the following statement in bold: "important Notice Regarding Proposed Cell Tower in Your Neighbourhood" When a public information session is required, the proponent is to distribute the public notification packages by regular mail at least 30 days prior to the date of the public information session. A recirculation of the public notification packages will be required if the proposed antenna system has been relocated as a result of the initial public consultation process. 8.3 Public Notification Package Requirements The public notification package must include the following information: a) A location map, including the address, clearly indicating the exact location of the proposed antenna system in relation to the surrounding properties and streets; including a letter size (8.5" x 11") copy of the site plan submitted with the application. b) A physical description of the proposed antenna system including the height, dimensions, tower type/design, any antenna(s) that may be mounted on the tower, colour and lighting. c) An elevation plan of the proposed tower facility. d) Colour simulated images of the proposed tower facility. e) The proposed antenna system's purpose, the reasons why existing towers or other infrastructure cannot be used, a list of other structures that were considered unsuitable, and future sharing possibilities for the proposal. f) .An attestation that the general public will be protected in compliance with Health Canada's Safety Code 6 including combined effects within the local radio environment at all times. g) Notice that general information relating to health concerns and Safety Code 6 is available on Health Canada's website (www.hc-sc.gc.ca). h) The project's status under the Canadian Environmental Assessment Act. i) Transport Canada's aeronautical obstruction marking requirements (whether painting, lighting, or both) if available; if not available, the proponent's expectation of Transport Canada's requirements once they become available. j) An attestation that the installation will respect good engineering practices including structural adequacy. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 18 of 25 70 k) Address, location (including a map) and timing of the public information session, if applicable. I) Information on how to submit written public comments to the Applicant and the closing date for submission of written public comments. m) Applicant's contact information. n) Reference to the City of Pickering's Radiocommunication and Broadcasting Antenna Systems Protocol and where it can be•viewed (www.pickering.ca).- o) The following sentences regarding jurisdiction: "Telecommunication tower/antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by Industry Canada. Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The City of Pickering is participating in land-use consultation pursuant to Issue 5 of Industry Canada's CPC 2-0-03. In the case of a dispute between the proponent and the City, a final decision will be made by Industry Canada" p) Notice that general information relating to antenna systems is available on Industry Canada's Spectrum Management and Telecommunications website (www.ic.gc.ca). q) Municipal and Industry Canada contact information. r) Closing date for submission of written public comments. 8.4 Closing Date for Written Public Comments The closing date for submission of written public comments shall not be less than: a) 14 days after the public information session, where a public information session is required; or b) 30 days where a public information session is not required. 8.5 Public Notice Sign Unless otherwise determined through preconsultation, the proponent shall erect a sign on the property notifying the public of the proposal to establish an antenna system on the subject property. The sign shall be erected on the property so that it is clearly visible and legible from the street(s). The sign shall be professionally prepared and its size shall be a minimum of 1.2 metres by 1.2 metres and located a minimum of 1.0 metre and a maximum of 1.8 metres from the ground. However, the size of the sign shall not exceed 2.4 metres in height by 1.2 metres in width unless otherwise specified through preconsultation. The erection of the notice sign should be coordinated with the distribution of the public notification packages.. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 19 of 25 71 Photographs showing the sign posted and the date on which it was erected on the subject property shall be submitted to the Director (or designate) within ten days after the sign has been erected. The sign shall remain on the subject property for the duration of the public consultation process. The proponent shall be responsible for removing the sign no later than 21 days after the completion of the consultation process. Unless otherwise specified through preconsultation the notice sign shall contain the fallowing wording: Public Notice - Cell Tower [Name of Proponent] is proposing to locate a telecommunication tower/antenna facility, being [#] metres ([#] feet) in height, on this property. (If applicable) A public information session is scheduled on [date of meeting] from [start time] to [end time] at [location of meeting]. Public comment is invited. The closing date for submission of written comments is [applicable closing date]. For further information, contact [Applicant's name, phone number and e-mail address]. Telecommunication tower/antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by Industry Canada. Provincial legislation such as the Planning Act,.including zoning by-laws, does not apply to these facilities. The City of Pickering is participating in land-use consultation pursuant to Issue 5 of Industry Canada's CPC 2-0-03. In the case of a dispute between the proponent and the City, a final decision will be made by Industry Canada [Municipal and Industry Canada contact information] 8.6 Newspaper Notice Where an antenna system is 30 metres or greater in height, the proponent shall place a newspaper notice in the News Advertiser (i.e., the community's newspaper). The newspaper notice shall be a minimum size of 10 centimetres x 10 centimetres. A copy of the actual newspaper notice appearing in the News Advertiser, including the newspaper date, shall be forwarded to the Director (or designate) within ten days of the newspaper notice being published. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 20 of 25 72 Where a public information session is required, the newspaper notice shall be published at least 21 days before the date of the public information session for two consecutive weeks. • The date on which the newspaper notice is published should be coordinated with the distribution of the public notification packages. Where a public information session is not required, the date on which the newspaper notice is being published should be coordinated with the distribution of the public notification packages. The newspaper notice shall contain the following information: a) Description of the proposed tower facility, including the height; b) Address of the proposed tower facility; c) Location map (key plan) of the proposed site; • d) Invitation for public comment and the closing date for submission of written comments; e) Invitation to the public information session, and location-and time of the session (if applicable); f) Applicant's contact information; g) Inclusion of the following: "Telecommunication tower/antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by Industry Canada. Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The City of Pickering is participating in land-use consultation pursuant to Issue 5 of Industry Canada's CPC 2-0-03. In the case of a dispute between the proponent and the City, a final decision will be made by Industry Canada."; and h) Municipal and Industry Canada contact information. • 8.7 Public Information Session A public information session is required where the proposed antenna system is located: a) Within the greater of three times the tower height or 150 metres from a residential area; and\or b) If determined through preconsultation. Where required, the proponent shall be responsible for convening a public information session at the proponent's cost. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 21 of 25 • 73 • The proponent, as the case may be, shall adhere to the following requirements when organizing and convening a public information session: • a) The Public information session shall be open and accessible to all members of the public and local stakeholders. b) The Public information session shall occur on a weekday evening, no sooner than 21 days and no later than 28 days, from the date that the public notification packages are mailed and the sign posted. c) The Duration of the public information session shall be a minimum of 2 hours. d) Two display panels, at a minimum, containing a site plan drawing and colour photographs of the subject property with superimposed images of the• proposed antenna system shall be displayed at the public information session. e) The proponent shall provide information regarding the tower proposal, including the purpose of the tower, general information relating to Health Canada's Safety Code 6 and a clear statement indicating that telecommunication tower/antenna facilities are exclusively regulated by Federal legislation under the Radiocommunication Act and administered by Industry Canada; Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The City of Pickering is participating in land-use consultation pursuant to Issue 5 of Industry Canada's CPC 2-0-03. In the case of a dispute between the proponent and the City, a final decision will be made by Industry Canada. f) Public notification packages including a public comment sheet shall be made available for attendees. g) Closing date for written public comments shall be clearly announced at the public information session. h) A record of all names, addresses, email addresses and phone numbers of the attendees shall be retained, subject to applicable privacy laws in respect of personal information. 8.8 Responding to the Public The proponent is to address all applicable concerns, make all efforts to resolve them in a mutually acceptable manner and must keep.a record of all associated communications. If the public or Director (or designate) raises a question, comment or concern relating to the tower facility, as a result of the public consultation process, then the proponent is required to: a) Respohd to the party in writing within 14 days by acknowledging receipt of the question, comment or concern and keep a record of the communication. b) Address, in writing, all applicable concerns within 30 days of receipt or explain why the question, comment or concern is not, in the view of the proponent, applicable and clearly indicate that the party has 21 days from the date of the correspondence to reply to the proponent's response. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 22 of 25 7 4 --- c) In the case where the party responds within 21 days, the proponent shall address all applicable concerns within 21 days, either in writing, by contacting the party by telephone or engaging the party in an informal meeting. 9.0 Post Consultation 9.1 Consultation Summary Package The proponent shall provide to the Director (or designate) a package summarizing the results of the public consultation process which shall include the following information: a) Attendance list and contact information from the public information session (if applicable). b) All written public comments and/or concerns received regarding the proposal. c) The proponent's responses to the public comments and/or concerns, outlining how the concerns were or will be addressed, or alternatively, by clearly indicating why such concerns are not applicable. d) Details of any modifications to the proposal, including revised plans and drawings, if applicable. A recirculation of the public notification packages will be required if the proposed antenna system has been relocated as a result of the initial public consultation process. 9.2 City Comment on Proposal A formal City comment on the proposal shall be provided by City Council following consideration of a report prepared by City Development staff. The report will normally be considered at a meeting of the Planning & Development Committee and subsequently at a City Council meeting. The Report to Council will include a summary of the public consultation process and a staff comment on land use compatibility. The report will include a resolution from City Council requesting the Director, City Development (or designate) to either issue a letter of: a) Concurrence; b) concurrence with conditions; or c) non-concurrence. 9.3 Post-Consultation Construction Time Limit The construction of an antenna system must be completed within three years of the conclusion of consultation. After three years, previous consultations will no longer be valid. Draft Radiocommunication and Broadcasting Antenna System Protocol Page 23 of 25 75 • 10.0 Timeframes 10.1 Consultation Timeframes The consultation process and the decision from the City of Pickering should be completed within 120 days from the date of a complete submission. Appendix I of this Protocol contains a flow chart of the consultation processes. • • 10.2 Supplementary Public Consultation Where the consultation process has not been concluded and 270 days have elapsed from the time of the public notification packages being sent, the proponent may be required to carry out a supplementary public consultation process, if requested by the Director (or designate). 10.3 Redundant Antenna Systems The Director (or designate) may issue a request to a network operator to clarify that a specific Antenna System is still required to support communication network activity. The network operator will respond within 30 days of receiving the request, and will provide any available information on the future status or planned decommissioning of the Antenna System. Where the network operator concurs that an Antenna System is redundant, the network operator and the City of Pickering will mutually agree on a timeframe to remove the system and all associated buildings and equipment from the site. Removal will occur no later than 2 years from when the Antenna System was deemed redundant. • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 24 of 25 76 Appendix I City Development Department Radiocommunication and Broadcasting Antenna System Flowchart • Preconsultation Meeting 4 • + ; Formal Submission +' City reviews request for completeness • Complete request • Incomplete request * • Proponent is notified by the City to proceed with . _ Proponent.submits 4 the distribution of the public notification required information packages,erect the notice sign and, if applicable, , publish newspaper notice + , If applicable,Proponent convenes public Note:Where the LUA' information session consultation process + has not been concluded 120 Proponent responds to all questions, and 270 days have I Days comments and/or concerns by the public 'elapsed from the time of the public notification packages being sent, Proponent provides summary package to the proponent may be the City required to carry out a + supplementary public Report to Council for decision consultation process,if + requested by the Director(or Designate) Concurrence with or without conditions 4 ,' ( + . Director(or Designate)provides. Non-concurrence letter to proponent&Industry Canada I Proponent proceeds Proponent modifies Proponent advises Proponent to Industry Canada for the proposal Industry Canada of decides to final approval impasse relocate proposal + ' on different property location Dispute resolution \ J "` WA—Land use authority process , + Created: May 3'1,2013 Industry Canada Updated:November 13,2013 makes final decision • • Draft Radiocommunication and Broadcasting Antenna System Protocol Page 25 of 25 77 FTTA ET# J TO REPINTO Table 1 - Comments Received on the City's Draft Protocol and Staff Response Comments and questions from Committee members at the December 2, 2013 Planning & Development Committee Meeting and December 9, 2013 City Council Meeting Comment Response 1. Commented that the Section 4 of Industry Canada's Radiocommunication draft protocol does not and Broadcasting Antenna Systems, Client Procedures provide City Council with Circular, Issue 5 requires proponents to follow the local final authority regarding municipality's land-use consultation process where one notification requirements exists. for proposed cell towers. Recommended Changes N/A • 2. In the past, proponents Should this happen, the final decision on the application have approached would rest with Industry Canada. However, in practice, Industry Canada to seek proponents are generally prepared to comply with the exemption from the City requests so long as they are reasonable. City's request to expand notification radius. Recommended Changes N/A 3. Questioned what would Section 4 of Industry Canada's Radiocommunication happen if proponents and Broadcasting Antenna Systems, Client Procedures decided not to follow the Circular, Issue 5 requires proponents to follow the local City's Cell Tower municipality's land-use consultation process where one Protocol. exists. Recommended Changes N/A September 2014 Page 1 of 22. 78 • WOW Comment Response 4. Concerned that the The circulation radius in the recommended protocol is proposed notification consistent with the City's circulation requirements for requirements may still applications under the Planning Act. In addition, the result in limited recommended protocol was revised to include language notification for certain that the notification requirements and any request to proposals. expand the notification radius will be made in consultation with the Mayor and Ward Councillors and discussed with the proponent during the preconsultation process. Recommended Changes Section 7.3 has been revised to include the following in the preconsultation summary letter to the proponent: e) confirmation of the notification requirements for the proposal, following consultation with the Mayor and Ward Councillors. 5. Requested clarification in The recommended protocol has been revised to provide order to determine what further clarity "furthest point" of proposed tower means. Recommended Changes Section 8.2 (a) has been revised as follows: For the purpose of this requirement, the outside perimeter begins at the furthest point of the supporting mechanism, such as the outermost guy line, building edge, face of the self supporting tower, etc. 6. Requested staff to All registered resident associations including the Altona ensure all resident Forest Stewardship Committee were mailed copies of associations are notified the draft protocol for comment. to seek their comments, and to ensure that the Altona Forest Stewardship Committee is included. Recommended Changes NIA September 2014 Page 2 of 22 79 ATTAC O / a__1O REPOW° i_ PI: /J Comment Response • 7. Questioned what types The City's protocol applies to anyone planning to install, of antenna systems other erect or modify an antenna system, regardless of the than cell towers are type (such as broadcasting towers and amateur radio subject to the draft operators) protocol. Recommended Changes N/A 8. Requested that The protocol does not require the attendance of either proponents' present the proponent and/or a qualified individual at Council qualified individuals at meetings. These matters are best left to the judgement City Council meetings and discretion of the various proponents. when the proposal is However, Section 7.4'b) does require the submission of being considered by a Site Justification/Selection Report prepared by a Council to ensure "qualified professional such as a land use planner or technical questions can engineer" as part of the formal submission be addressed. requirements. Recommended Changes No change recommended 9. Requested that the Sections 8.3, 8.5, and 8.6 require proponents to include public notice give clear information in the notifications and signage that direction to residents that telecommunication facilities are "exclusively regulated the City is not the final by Federal legislation". approval authority respecting cell towers. Recommended Changes No change required. 10. Questioned when City The Mayor and Ward Councillors will be consulted Councillors would be during the preconsultation stage made aware of an application. Recommended Changes Section 7.3 has been revised to clarify the involvement of the Mayor and Ward Councillors during the preconsultation stage. September 2014 Page 3 of 22 80 Comment Response Vic Rudik— 1855 Rosebank Road 11. Ensure proponents Section 4 of Industry Canada's Radiocommunication comply with the City's and Broadcasting Antenna Systems, Client Procedures Protocol. Circular, Issue 5 requires proponents to follow the local municipality's land-use consultation process where one exists. Recommended Changes No change recommended. 12. Ensure protocol helps The protocol includes the City's preferred siting and Pickering residents design practices. understand the best siting practices, design and screening and proven health effects (not the many alleged). Recommended Changes No change recommended 13. Disagree with listing of Conservation lands are generally discouraged as conservation lands as locations-for cell towers because of the impact these undesirable locations. installations may have on natural features (including the Trees, topography and impact of introducing access roads). However, the City other physical features in has supported towers in these locations on a site- many such areas offer specific basis. effective screening for facilities at eye level and at distance. In addition, most such lands provide excellent separation from residential areas while maintaining technical - standards for communications. Recommended Changes No change recommended September 2014 Page 4 of 22 81 ATTACREPtTO 1 TO R M ! l /f Comment Response Pickering Westshore Community Association (Includes comments from Cat Beattie and Andy McKinnon, residents within the West Shore Community, and Andre Pilon on behalf of the West Shore Community Association ) 14. Expressed concern that The City Development Department circulated the draft the Pickering Westshore protocol to all registered resident associations, as Community Association provided by the Clerks department. At the time of was not circulated the circulation, the Pickering Westshore Community draft Association was not a registered association, but has Radiocommunication since been added to the list. and Broadcasting Protocol and other resident associations were not notified: Recommended Changes NIA 15. Recommended that the Agreed. City Protocol include language that would require the proponent to re-circulate a proposal should the location change following the initial public consultation. Recommended Changes Sections 8.2 and 9.1 of the recommended protocol have been amended with the following wording: A recirculation of the public notification packages will be required if the proposed antenna system has been relocated as a result of the initial public consultation process. September 2014 Page 5 of 22 82 • ATTAMEM 1 10 REPORTO Comment Response 16. Recommended that The circulation radius provided in the City's protocol is circulation be a minimum appropriate. If a greater circulation is warranted, it will of 6 times the height of be considered at the preconsultation stage, in the tower or 500 metres consultation with the Ward Councillors and Mayor. (cited Town of Ajax policy) whichever is greater in urban areas and a 1 kilometre radius in rural areas. Recommended Changes No change recommended. 17. Recommended that The protocol is intended to address the siting and Pickering adopt a policy design preferences of the City. Health and safety requesting Radio concerns related to cell towers are beyond the scope Frequency emissions and intent of the City's protocol. from towers be kept at 100 times less than what Safety Code 6 currently allows (cited City of Toronto Policy). Recommended Changes No change recommended. 18. Recommended that The protocol is intended to address the siting and protocol include design preferences of the City. Health and safety independent monitoring concerns related to cell towers are beyond the scope of the Radio Frequency and intent of the City's protocol. emissions of cell towers on a regular basis to ensure cumulative emissions from multiple sources are not exceeding limits and make this information publically accessible. Recommended Changes No change recommended • September 2014 Page 6 of 22 83 i • ATT 6 414NT# - -- TO • REPORTO Comment Response 19. Recommended that Policies on redundant antenna systems have been protocol include a policy added to the recommended protocol. requirement that the City and the proponent execute an agreement requiring the removal of a tower that has been decommissioned, left abused or abandoned for 2 or more years. Taxpayers should not be responsible for the tear down and disposal of towers. Recommended Changes Section 10.3 has been added to the recommended protocol as follows: The Director (or designate) may issue a request to a network operator to clarify that a specific Antenna System is still required to support communication network activity. The network operator will respond within 30 days of receiving the request, and will provide any available information on the future status or planned decommissioning of the Antenna System. Where the network operator concurs that an Antenna System is redundant, the network operator and the City of Pickering will mutually agree on a timeframe to remove the system and all associated buildings and equipment from the site. Removal will occur no later than 2 years from when the Antenna System was deemed redundant. 20. Recommended that City Co-location opportunities are considered during the Protocol require review process but not "required." Co-location proponents to enter into opportunities are examined in the Site Justification an agreement requiring Report, but not always recommended. There may be co-location. circumstances where co-location may not be desired because of the impact on the neighbourhood or on tower design. Recommended Changes No change recommended September 2014 Page 7 of 22 84 • REPORTf7 Comment Response 21. Recommended that The definition of"Community Sensitive Locations" has Section 1.0 Definitions — been removed from the protocol. Decisions on cell "Community Sensitive tower locations are best made through site-specific Locations" be refined to discussions with residents and proponents based on the clearly indicate policies of section 6.2 (Preferred Locations) and section playgrounds, daycare 6.3 (Discouraged Locations), rather than by a generic centres, schools, parks definition. and church property. Recommended Changes Definition of"Community Sensitive Locations" deleted from the protocol. 22. Recommended that The protocol discourages towers within Environmentally Section 1.0 Definitions - Sensitive Locations. The specific exclusion of parks and "Environmentally open spaces is not supported as these areas would not Sensitive Lands" include always be environmentally sensitive. In certain parks and open spaces, instances locating a tower in a park or open space area as towers located in the may be appropriate. middle of parks ruin the Health and safety concerns related to cell towers are view may create possible beyond the scope and intent of the City's protocol. health and safety concerns. Recommended Changes No change recommended. 23. Expressed concern with The purpose and objective of the recommended the wording of Section protocol is to outline the City's.public consultation 2.1 (3) the purpose of process, siting and design guidelines and enable the protocol "to enable the development of a high calibre wireless development of a high telecommunication service (for economic, emergency calibre wireless service and telecommunication purposes). In telecommunications considering cell tower locations, all three objectives service in Pickering". must be weighed and considered. The purpose and objective should be to minimize visual clutter, keep Pickering beautiful, protect health and safety of citizens, protecting the wildlife and natural spaces and protecting our heritage etc. Recommended Changes No change recommended. September 2014 Page 8 of 22 85 REPOU0 Comment Response 24. Requested that the The protocol has been amended to provide greater statement in Section 3.1 clarity on the roles and responsibilities of Industry which indicates the City Canada and the City of Pickering in the review of of Pickering does not antenna systems. have the authority to stop construction of a tower facility be deleted. It was recommended that the City protocol indicate that the final decision rests with Industry Canada which requires proponents to comply with the local protocol. Recommended Changes Sections 3.1, 8.3 o), 8.5 and 8.6 g) have been amended with the following wording: "Telecommunication tower/antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by Industry Canada. Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The City of Pickering is participating in land-use consultation pursuant to Issue 5 of Industry Canada's CPC 2-0-03. In the case of a dispute between the proponent and the City, a final decision will be made by Industry Canada." 25. Recommended that Section 4.1 of the protocol is consistent with the Section 4.1 (b) be exclusions and wording published by Industry Canada. revised to require The request to require consultation for increases in notification be provided tower height is not supported. It is important to note that where an increase in the in the event a proposal increases the height of the height of an existing existing tower beyond the exemption allowance then the • tower is proposed. proponent will be required to undertake a public consultation process. Recommended Changes No change recommended. September 2014 Page 9 of 22 86 PTV s��TQ REPORTV • Comment Response 26. Questioned whether Section 5.0 of the City's protocol requires the Director Section 5.0 permits City (or alternate) to consult with the Mayor and Ward and Regional Councillors Councillors on the notification requirements and to broaden area of the following this, to broaden the public circulation. This public notice as they see process is appropriate. fit or is it the Director's decision. It was recommended that the wording be revised to permit the Mayor, City and Regional Councillors - to extend the notification area. Recommended Changes No change recommended. 27. Recommended that Section 7.4 b) of the City's protocol requires the Site proponents be required Selection/Justification Report to examine co-location to provide proof opportunities. This report must be prepared by a regarding co-location qualified professional such as a land use planner or opportunities by a engineer. professional planner or engineer. Recommended Changes No change recommended. 28. Recommend changing The existing wording provides the City with the flexibility wording in 6.2 Preferred needed to respond to site-specific circumstances and Locations from neighbourhood input obtained through the review "proponents are process. encouraged" to "proponents will" to strengthen the policy. Recommended Changes No change recommended. Page 10 of 22 September 2014 Pa g --- - 87 Comment Response 29. Recommended that In some instances co-location may result in design policy 6.2(b) be revised alterations to an existing tower that may create an to secure co-location undesired outcome. Efforts to minimize the visual through an agreement impact of the tower could be jeopardized with additional with the proponent and antennas attached to it. Co-location should be further recommended encouraged, but not made mandatory. that all towers be designed to accommodate at minimum 2 or more additional carriers. Recommended Changes No change recommended. 30. Expressed concerns with Proponents are required to comply with the applicable the wording of Section Building Code regulations. 6.2 (f) as it does not address potential conflicts with building codes in the event an alteration is required to a building or roof. Recommended Changes No change recommended. 31. It was suggested the City The City's application form stipulates the,required fees, protocol enhance the including review fees for the applicable conservation submission requirements authority. to require fees and The requirement for a tree inventory and preservation documentation for the plan will be discussed with proponents during the pre- applicable conservation consultation process. authority and a tree inventory and • preservation plan. Recommended Changes No change recommended. September 2014 Page 11 of 22 88 R Comment Response 32. Suggested that Section The City's protocol encourages the location of antenna 6.3 (a) be revised to systems on buildings to minimize the erection of stand indicate "the city alone towers. Health and safety concerns related to cell discourages installation towers are beyond the scope and intent of the City's of antenna systems in protocol. Regardless of location, all proponents are residential areas required to meet and maintain compliance with the including high rise requirements of Safety Code 6. buildings". The reason for this request is based on possible health effects from the antenna systems. Recommended Changes No change recommended. 33. Suggested that the All proposals near or on Environmentally Sensitive wording of Section 6.3 Lands will require consultation with the applicable (c) be amended to Conservation Authority. Each proposal will be reviewed discourage new facilities on its merits and an appropriate setback will be in proximity to determined through that review environmentally sensitive lands. It was suggested that a minimum setback equal to the height of the • tower be applied. Recommended Changes No change recommended. 34. Questioned whether a No template has been created; however, Section 7.4 b) template has been provides guidance respecting the information the City prepared for the Site will need to conduct our review. Selection/Justification Report that would be required in Section 6.3 if the proponent pursues a proposal in a discouraged location. Recommended Changes No change recommended. September 2014 Page 12 of 22 89 REFOR1 sr • Comment Response 35. Suggested that the Agree. wording in Section 6.4 be changed to "shall use the guidelines" instead of "are encouraged to". Recommended Changes Section 6.4 has been amended. 36.. Suggested that the Co-location on towers is a principle objective of the City wording in Section 6.4 protocol. However, a strict application of co-location. (a) be changed to may have undesirable visual impacts in certain require proponents to instances. Certain tower designs (such as monopoles) design their towers to can be negatively impacted with multiple antenna allow for future systems. The recommended protocol has been co-location. amended to require designs that accommodate co- location, where appropriate. Recommended Changes Section 6.4 a) has been amended as follows: The design should accommodate for future co- location of additional carriers, where appropriate. 37. Suggested that the Colour selection of the tower will be determined through wording in Section 6.4 (f) the review of the proposal and may be subject to the be amended to indicate requirements of Transport Canada. neutral colours should blend with the "sky" and • surrounding landscape. Recommended Changes No change recommended. 38. Suggested that the Landscape requirements are reviewed by the City and wording in Section 6.4 the selection of native species is a common practice. (d) require landscape materials achieve a minimum 80% coverage within two years of installation and consists of native plant species. Recommended Changes No change recommended. September 2014 Page 13 of 22 90 ATT T# 1 TO • REPORTIV Comment Response 39. Suggested that the Section 6.4 g) indicates that towers should not be wording in Section 6.4 illuminated unless required by Transport Canada. (g) respecting illumination of the tower be expanded to include provisions restricting light levels to the minimal amount required, non-intrusion of lighting to surrounding properties and that it be dark sky friendly. If lighting is required by Navigation Canada the proponent should be required to provide proof. Recommended Changes No change recommended. 40. Recommended that The City is reluctant to require the addition of signage to Section 6.4 (h) be a cell tower and/or tower site that could potentially amended to require create an additional visual impact on a neighbourhood. signage that indicates Information requests related to cell tower owners could the owners name and be directed to Industry Canada. contact information. Recommended Changes No change recommended. 41. Recommended that This section applies to amateur radio operators, and Section 6.5 (a) and (c) permits a maximum tower height of 15 metres. Many establish a setback residential properties could not accommodate a setback equal to the height of the equal to the height of the tower. tower. Recommended Changes No change recommended. September 2014 Page 14 of 22 91 ATT AM #.TO Comment ' Response • 42., Questioned-whether a The City protocol requires the proponent to submit a template has been Site Justification/Selection Report prepared by a prepared for the Site qualified professional such as a land use planner or Selection/Justification engineer, as part of the formal submission Report and reiterated • requirements. No template has been created. Section that this report should be 7.4 of the protocol provides the City's formal submission prepared by a qualified requirements. professional. Also recommended that the report address all towers within 500 metres of the proposed location. Recommended Changes No change recommended. 43. Questioned whether The 120 day consultation process does not commence incomplete requests as until a request is deemed complete. incomplete identified in Section 7.5 requests will not be circulated. will slow down the application. Recommended Changes No change recommended. 44. Recommended that Health and safety concerns related to cell towers are Section 8.3 (f) be beyond the scope and intent of the City's protocol. The amended to adopt the City also does not have the expertise or resources to same guidelines as the monitor such a policy. City of Toronto Prudent Avoidance Policy, which requires towers to be operated ata level 100 times less than allowed • in Safety Code 6. Recommended Changes No change recommended. - September 2014 Page 15 of 22 92 6 EPORTsr /°`n/ Comment Response 45. Recommended that Staff will consult with the Mayor and Ward Councillors to Section 8.7 (a) be determine if a public information session is warranted. amended to require a The proponent will be advised of this request in the public information pre-consultation summary. session if the proposed location is within a distance of 6 times the height of the proposed tower to a residential area. Recommended Changes No change recommended. 46. Recommended that Section 10.2 provides the Director with the discretion to Section 10.2 be require supplementary consultation. amended to require supplementary public consultation if 270 days have past since the initial public notification. Recommended Changes No change recommended. 47. Requested that towers There may be instances where the erection of a tower be banned in church on a church property may be appropriate. The request yards. to ban them on these properties is not supported and each proposed will be reviewed on its individual merits. Recommended Changes No change recommended. • September 2014 Page 16 of 22 93 • Comment Response Heritage Pickering Advisory Committee (From January 23, 2014 meeting) 48. Recommended that Agree. section 6.3 d), Discouraged Locations, be amended to discourage adjacent to (immediately next to) • heritage properties or • Heritage Conservation Districts. Recommended Changes The Section 6.3 has been amended as follows: d) On, or immediately adjacent to, Heritage Properties or within Heritage Conservation Districts 49. Recommended that cell Towers maybe required to be erected in the agricultural towers be discouraged in area to service the rural communities and businesses. the agriculture preserve. Recommended Changes No change recommended. 50. Requested that Cell Agree. Tower applications located on heritage properties, Heritage - Conservation Districts or adjacent to are circulated to the Committee for comment. Recommended Changes Section 8.2 has been amended as follows: d) For proposals on, or immediately adjacent to Heritage Properties or Heritage Conservation Districts, the Heritage Pickering Advisory. Committee shall be provided a copy of the public notification package. September 2014 Page 17 of 22 94 Comment Response Altona Forest Stewardship Committee 51. Recommended that the We are concerned with adding the word "adjacent" to wording of Section 6.3 these lands as the area may be well suited to provide c), Discouraged visual screening of the proposed tower provided they do Locations, be revised to not negatively impact the Environmentally Sensitive include wording to lands. All proposals near Environmentally Sensitive discourage towers Lands will require in consultation with the applicable "adjacent" to Conservation Authority Environmentally sensitive lands (such as the Altona Forest). Recommended Changes No change recommended. 52. Requested clarification All resident associations will be circulated proposals in that the Altona Forest accordance with Section 8.2. of the recommended Stewardship Committee protocol. The Altona Forest Stewardship Committee is on the list of resident has been added to the list of registered resident associations to ensure associations. they would circulate proposals in accordance with Section 8.2 a). Recommended Changes No change recommended. September 2014 Page 18 of.22 • 95 AAA #_,I-TO • REPOT - O Comment Response Stephen D'Agostino, Thompson Rogers Lawyers (Solicitors for Bell Mobility, Rogers Wireless and TELUS) 53. Concerned that draft The draft protocol removed the exclusion criteria applied protocol does not respect to proposed towers under 15 metres in height, from land Industry Canada's Use authority and public consultation. mandatory exclusions. Since that time Industry Canada recently amended their default protocol to remove this exemption as it applies to towers under 15 metres. A proposed tower less than 15 metres in height to be used for telecommunication or broadcasting purposes is required to undertake the required consultation process. The recommended protocol has been amended to be consistent with Industry Canada's amendments • published in July 2014. Recommended Changes Section 4.1 has been amended. • 54. Expressed concerns that Agree. the City's requirements for a preconsultation submission are too onerous. . Recommended Changes Section 7.2 Preconsultation Meeting Requirements • has been amended to ensure proponents are aware of the City's protocol and for staff to identify local issues and concerns. This meeting will provide an opportunity to discuss the requirements of the City • protocol and the review process. September 2014 Page 19 of 22 96 • ATTACZ-N # Z .. .T0 REpaiyo Comment Response 55. Identified an issue with We acknowledge these requirements may conflict with the draft protocol that each other. Each proposal will be reviewed on its own promotes the use of merits. unobtrusive towers designs (i.e. monopoles) while requiring co-location at the same time. It was suggested the City adopt a policy promoting co-location towers away from residential areas and unobtrusive designs are preferred near residential areas. Recommended Changes No change recommended. 56. Expressed concern that The proposed notification requirements within the the notification recommended protocol are consistent with the requirements in the City circulation requirements for Planning Act applications in protocol may encourage the City of Pickering. City Staff continually receive carriers to pursue greater public concerns with lack of notice for installations towers as there would be based on Industry Canada's requirements. no benefit to a smaller tower that would typically have a reduced notification. Recommended Changes No change recommended. 57. Disagrees with Section 10.2 provides the Director with the discretion to requirement for second require supplementary consultation. If sufficient time round of public has passed since initial consultation, proponents can notification if 270 days expect.a request to conduct supplementary have elapsed from initial consultation; however there may be situations where public consultation. supplementary consultation may not be necessary. Recommended it be deleted. • Recommended Changes No change recommended. September 2014 Page 20 of 22 97 ATTAI T _60 REPCH O I Lill / iS� Comment Response 58. Disagrees with the The protocol has been amended to provide greater commentary in various clarity on the roles and responsibilities of Industry sections of the protocol Canada and the City of Pickering in the review of that describes the City's antenna systems. role as a commenting body only. The spectrum licence issued by Industry Canada requires the carriers to obtain concurrence from the land use authority. Industry Canada's involvement only occurs where a dispute exists between proponent and municipality. Recommended Changes Sections 3.1, 8.3 o), 8.5 and 8.6 g) have been amended with the following wording: "Telecommunication tower/antenna systems are regulated exclusively by Federal Legislation under the Federal Radiocommunication Act and administered by Industry Canada. Provincial legislation such as the Planning Act, including zoning by-laws, does not apply to these facilities. The City of Pickering is participating in land-use consultation pursuant to Issue 5 of Industry Canada's CPC 2-0-03. In the case of a dispute between the proponent and the City, a final decision will be made by Industry Canada". • September 2014 Page 21 of 22 98 • ATTIMEEI's i TO Comment Response 59. Recommended that the We are concerned with what constitutes a change in duration of concurrence circumstance. Delegating this interpretation to staff may be extended where there not be appropriate. has not been a change Industry Canada's default protocol has been amended in circumstance. to address post consultation time limits and we have Recommended that this amended the wording of the City protocol for decision be delegated to consistency. staff. Recommended Changes Section 9.3 has been re-titled Post-Consultation Construction Time Limit. It reads as follows: The construction of an antenna system must be completed within three years of the conclusion of consultation. After three years, previous consultations will no longer be valid. • September 2014 Page 22 of 22 99 ATTACHMENTO Industry Industrie REPORT# MI Canada Canada CPC-2-0-03 Issue 5 Released: June 26, 2014 Effective: July 15, 2014 Spectrum Management and Telecommunications • Client Procedures Circular • Radiocommunication and Broadcasting Antenna Systems • Aussi disponible en frangais — CPC-2-0-03 Canada' 100 ATTdT# — REPORT# • Comments and suggestions may be directed to the following address: Industry Canada Spectrum Management Operations Branch 235 Queen Street Ottawa, Ontario KlA OH5 Attention:DOSP Via e-mail: spectrumsubs @ic.gc.ca All Spectrum Management and Telecommunications publications are available on the following website at:http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/home. • 101 ATTACHMENT# _TO REPOITrf Contents 1. Introduction 3 1.1 Mandate 3 1.2 Application 3 1.3 Process Overview 3 2. Industry Canada Engagement 4 3. Use of Existing Infrastructure(Sharing) 4 4. Land-use Authority and Public Consultation 5 4.1 Land-use Authority Consultation 6 4.2 Industry Canada's Default Public Consultation Process 7 4.3 Concluding Consultation 9 4.4 Post-Consultation 11 5. Dispute Resolution Process 11 6. Exclusions 11 7. General Requirements 12 7.1 Radio Frequency Exposure Limits 13 7.2 Radio Frequency Immunity 14 7.3 Proximity of Proposed Structure to Broadcasting Undertakings 14 7.4 Canadian Environmental Assessment Act 14 7.5 Aeronautical Safety 15 Appendix 1 —Industry Canada's Default Public Consultation Process -Public Notification Package 17 1 0 2 • ATTACHMENT# TO REPORT!- ti i g?-/`f Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 1. Introduction Radiocommunication and broadcasting services are important for all Canadians and are used daily by the public, safety and security organizations, government,wireless service providers,broadcasters, utilities and businesses. In order for radiocommunication and broadcasting services to work, antenna systems including masts,towers, and other supporting structures are required.Antenna systems are normally composed of an antenna and some type of supporting structure, often called an antenna tower. Most antennas have their own integral mast so that they can be fastened directly to a building or a tower. constrained to There is a certain measure of flexibility in the placement of antenna systems which is c o some degree by:the need to achieve acceptable coverage for the service area;the availability of sites; technical limitations; and safety. In exercising its mandate, Industry Canada believes that it is important that antenna systems be deployed in a manner that considers the local surroundings. 1.1 Mandate Section 5 of the Radiocommunication Act states that the Minister may,taking into account all matters the Minister considers relevant for ensuring the orderly development and efficient operation of radiocommunication in Canada, issue radio authorizations and approve each site on which radio apparatus, including antenna systems, may be located.Further,the Minister may approve the erection of all masts,towers and other antenna-supporting structures.Accordingly, proponents must follow the process outlined in this document when installing or modifying an antenna system.Also,the installation of an antenna system or the operation of a currently existing antenna system that is not in accordance with this process may result in its alteration or removal and other sanctions against the operator in accordance with the Radiocommunication Act. 1.2 Application The requirements of this document apply to anyone(referred to in this document as the proponent)who is planning to install or modify an antenna system,' regardless of the type.This includes telecommunications carriers,2 businesses,governments, Crown agencies, operators of broadcasting undertakings and the public (including for amateur radio operation and over-the-air TV reception). Anyone who proposes,uses or owns an antenna system must follow these procedures. The requirements also apply to those who install towers or antenna systems on behalf of others or for leasing purposes ("third party tower owners").As well,parts of this process contain obligations that apply to existing antenna system owners and operators. • 1.3 Process Overview This document outlines the process that must be followed by proponents seeking to install or modify antenna systems.The broad elements of the process are as follows: 1 For the purposes of this document,an"antenna system"is normally composed of an antenna and some sort of supporting structure,normally a tower.Most antennas have their own integral mast so that they can be fastened directly to a building or a tower.Thus,where this document refers to an"antenna,"the term includes the integral mast. 2 For the purpose of this document,a"telecommunications carrier"means a person who owns or operates a transmission facility used by that person or another person to provide telecommunications services to the public for compensation. 3 103 ATrACHMET# 2 TO REPORT#` ` PL,t) I?-/j1 Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 1. Investigating sharing or using existing infrastructure before proposing new antenna-supporting structures. 2. Contacting the land-use authority(LUA)to determine local requirements regarding antenna systems. 3. Undertaking public notification and addressing,relevant concerns,whether by following local LUA requirements or Industry Canada's default process, as is required and appropriate. 4. Satisfying Industry Canada's general and technical requirements. 5. Completing the construction. It is Industry Canada's expectation that steps (2)to (4)will normally be completed within 120 days. Some proposals may be excluded from certain elements of the process (see Section 6). It is Industry Canada's expectation that all parties will carry out their roles and responsibilities in good faith and in a manner that respects the spirit of this document. If the requirements of this document are satisfied and the proposal proceeds then, under step (5), construction of the antenna system must be completed within three years of conclusion of consultation. 2. Industry Canada Engagement There are a number of points in the processes outlined in this document where parties must contact Industry Canada to proceed.Further, anyone with any question regarding the process may contact the local Industry Canada office3 for guidance. Based on a query by an interested party, Industry Canada may request parties to provide relevant records and/or may provide direction to one or more parties to undertake certain actions to help move the process forward. 3. Use of Existing Infrastructure (Sharing)4 This section outlines the roles of proponents and owners/operators of existing antenna systems. In all cases,parties should retain records (such as analyses, correspondence and engineering reports)relating to this section. Before building a new antenna-supporting structure, Industry Canada requires that proponents first explore the following options: . consider sharing an existing antenna system,modifying or replacing a structure if necessary; 3 Please refer to Radiocommunication Information Circular RIC-66 for a list of addresses and telephone numbers for Industry Canada's regional and district offices.RIC-66 is available via the Internet at:http://www.ic.gc.ca/eic/site/smt- gst.nsf/eng/h_sf06073.html. 4 See also Client Procedures Circular CPC-2-0-17,Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements.CPC-2-0-17 is available via the Internet at: http://www.ic.ac.ca/eic/site/smt-est.nsf/enaisf09081.html. 4 • 104 ATTACHMENT TO REPOR +,` 1 P.4 L/8-/`f Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 locate, analyze and attempt to use any feasible existing infrastructure such as rooftops,water towers etc. A proponent is not normally expected to build a new antenna-supporting structure where it is feasible to locate an antenna on an existing structure,unless a new structure is preferred by the land-use authority. Owners and operators of existing antenna systems are to respond to a request to share.in a timely fashion and to negotiate in good faith to facilitate sharing where feasible.It is anticipated that 30 days is reasonable time for existing antenna system owners/operators to reply to a request by a proponent in writing with either: • a proposed set of reasonable terms to govern the sharing of the antenna system; or • a detailed explanation of why sharing is not possible. 4. Land-use Authority and Public Consultation • Contacting the Land-use Authority Proponents must always contact the applicable land-use authorities to determine the local consultation requirements and to discuss local preferences regarding antenna system siting and/or design, unless their proposal falls within the exclusion criteria outlined in Section 6. If the land-use authority has designated an official to deal with antenna systems,then proponents are to engage the authority through that person. If not,proponents must submit their plans directly to the council,elected local official or executive.The 120-day consultation period commences only once proponents have formally submitted, in writing, all plans required by the land-use authority, and does not include preliminary discussions with land-use authority representatives. Proponents should note that there may be more than one land-use authority with an interest in the proposal.Where no established agreement exists between such land-use authorities,proponents must, as a minimum, contact the land-use authority(ies)and/or neighbouring land-use authorities located within a radius of three times the tower height, measured from the tower base or the outside perimeter of the supporting structure,whichever is greater.As well, in cases where proponents are aware that a potential Aboriginal or treaty right or land claim may be affected by the proposed installation,5 they must contact Industry Canada in order to ensure that the requirements for consultation are met. Following the Land-use Authority Process Proponents must follow the land-use consultation process for the siting of antenna systems, established by the land-use authority,where one exists.In the event that a land-use authority's existing process has no public consultation requirement,proponents must then fulfill the public consultation requirements contained in Industry Canada's Default Public Consultation Process (see Section 4.2).Proponents are not required to follow this requirement if the LUA's established process explicitly excludes their type of 5 Proponents are encouraged to refer to local community and online resources(for example,the Aboriginal and Treaty Rights Information System(ATRIS)(http://sidait-atris.aadnc-aandc.gc.ca/atris online/home-accueil.asox)as applicable. 5 105 ATTA ET# __—TO REPORTS Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 • proposal from consultation or it is excluded by Industry Canada's criteria.6 Where proponents believe the local consultation requirements are unreasonable,they may contact the local Industry Canada office in writing for guidance. Broadcasting Undertakings Applicants for broadcasting undertakings are subject to Canadian Radio-television and Telecommunications (CRTC) licensing processes in addition to Industry Canada requirements. Although Industry Canada encourages applicants to consult as early as practical in the application process, in some cases it may not be prudent for the applicants to initiate public and municipal/land-use consultation before receiving CRTC approval, as application denial by the CRTC would have result in unnecessary work for all parties involved. Therefore, assuming that the proposal is not otherwise excluded,broadcasting applicants may opt to commence land-use consultation after having received CRTC approval. However, broadcasting applicants choosing this approach are required, at the time of the CRTC application,to notify the land-use authority with a Letter of Intent outlining a commitment to conduct consultation after receiving CRTC approval.If the land-use authority raise concerns with the proposal as described in the Letter of Intent, applicants are encouraged to engage in discussions with the land-use authority regarding their concerns and attempt to resolve any issues. Refer to Broadcasting Procedures and Rules, Part 1 (BPR-1), for further details. 4.1 Land-use Authority Consultation Industry Canada believes that any concerns or suggestions expressed by land-use authorities are important elements to be considered by proponents regarding proposals to install, or make changes to, antenna systems.As part of their community planning processes, land-use authorities should facilitate the implementation of local radiocommunication services by establishing consultation processes for the siting of antenna systems. Unless the proposal meets the exclusion criteria outlined in Section 6, proponents must consult with the local land-use authority(ies) on any proposed antenna system prior to any construction.The aim of this consultation is to: • discuss site options; • ensure that local processes related to antenna systems are respected; • address reasonable and relevant concerns (see Section 4.2) from both the land-use authority and the community they represent; and • • obtain land-use authority concurrence in writing. Land-use authorities are encouraged to establish reasonable,relevant, and predictable consultation processes7 specific to antenna systems that consider such things as: 6 In all cases,telecommunications carriers,broadcasting undertakings and third party tower owners must notify and consult with the local public when proposing a new antenna tower either by following Industry Canada's Default Public Consultation Process or,where one exists,the land-use authority's public consultation process.. Industry Canada is available to assist land-use authorities in the development of local processes.In addition,land-use authorities may wish to consult Industry Canada's guide for the development of local consultation processes. 6 • 106 ATTACHM NT# a TO REPORT# fL AJ /k Radiocommunication and Broadcasting Antenna.Systems CPC-2-0-03 • the designation of suitable contacts or responsible officials; • proposal submission requirements; • • • public consultation; • documentation of the concurrence process; and • the establishment of milestones to ensure consultation process completion within 120 days. Where they have specific concerns regarding a proposed antenna system, land-use authorities are expected to discuss reasonable alternatives and/or mitigation measures with proponents. Under their processes, land-use authorities may exclude from consultation any antenna system installation in addition to those identified by Industry Canada's own consultation exclusion criteria (Section 6).For example, an authority may wish to exclude from consultation those installations located within industrial areas removed from residential areas, low visual impact installations, or certain types of structures located within residential areas such as personal antenna systems(e.g.used for over the air and satellite television reception or amateur radio operation). 4.2 Industry Canada's Default Public Consultation Process Proponents must follow Industry Canada's Default Public Consultation Process where the local land-use authority does not have an established and documented public consultation process applicable to antenna siting. Industry Canada's default process has three steps whereby the proponent: 1. provides written notification to the public,the land-use authority and Industry Canada of the proposed antenna system installation or modification(i.e.public notification); 2. engages the public and the land-use authority in order to address relevant questions,comments and concerns regarding the proposal (i.e.responding to the public);and 3. provides an opportunity to the public and the land-use authority to formally respond in writing to the proponent regarding measures taken to address reasonable and relevant concerns (i.e.public reply comment). Public Notification 1. Proponents must ensure that the local public,the land-use authority and Industry Canada are notified of the proposed antenna system.As a minimum,proponents must provide a notification package(see Appendix 1)to the local public(including nearby residences, community gathering areas,public institutions, schools, etc.),neighbouring land-use authorities, businesses, and property owners, etc. • Municipalities may also wish to refer to the protocol template developed in partnership between the Federation of Canadian Municipalities(FCM)and the Canadian Wireless Telecommunications Association(CWTA).The FCM/CWTA template can be found on the FCM's website www.fcm.ca. 7 107• ATTAET,_ L TO 0EPOlTI :J AI /g-R4' Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 located within a radius of three times the tower height.8 The radius is measured from the outside perimeter of the supporting structure.For the purpose of this requirement,the outside perimeter begins at the furthest point of the supporting mechanism,be it the outermost guy line, building edge, face of the self-supporting tower, etc.Public notification of an upcoming consultation must be clearly marked,making reference to the proposed antenna system, so that it is not misinterpreted as junk mail.The notice must be sent by mail or be hand delivered. The face of the package must clearly reference that the recipient is within the prescribed notification radius of the proposed antenna system. 2. It is the proponent's responsibility to ensure that the notification provides at least 30 days for written public comment. 3. In addition to the minimum notification distance noted above, in areas of seasonal residence, the proponent, in consultation with the land-use authority, is responsible for determining the best manner to notify such residents to ensure their engagement. 4. In addition to the public notification requirements noted above,proponents of an antenna system proposed to be 30 metres or more in height must place a notice in a local community newspaper circulating in the proposed area.9 Height is measured from the lowest ground level at the base, including the foundation, to the tallest point of the antenna system.Depending on the particular installation,the tallest point may be an antenna, lightning rod, aviation obstruction lighting or some other appurtenance.Any attempt to artificially reduce the height(addition of soil, aggregate, etc.) will not be included in the calculation or measurement of the height of the antenna system. Responding to the Public Proponents are to address all reasonable and relevant concerns,make all reasonable efforts to resolve them in a mutually acceptable manner and must keep a record of all associated communications. If the local public or land-use authority raises a question, comment or concern relating to the antenna system as a result of the public notification process,then the proponent is required to: 1. respond to the party in writing within 14 days acknowledging receipt of the question, comment or concern and keep a record of the communication; 2. address in writing all reasonable and relevant concerns within 60 days of receipt or explain why the question, comment or concern is not, in the view of the proponent, reasonable or relevant; and 3. in the written communication referred to in the preceding point, clearly indicate that the party has 21 days from the date of the correspondence to reply to the proponent's response.The proponent must provide a copy of all public reply comments to the local Industry Canada office. 8 Proponents are advised that municipalities may set reasonable public notification distances appropriate for their communities when establishing their own protocols. 9 The notice must be synchronized with the distribution of the public notification package.It must be legible and placed in the public notice section of the newspaper.The notice must include:a description of the proposed installation; its location and street address;proponent contact information and mailing address;and an invitation to provide public comments to the proponent within 30 days of the notice.In areas without a local newspaper,other effective means of public notification must be implemented.Proponents may contact the local Industry Canada office for guidance. 8 108 1 ATTACHIENT#2---x 10 REPORP0 P 5� Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 Responding to reasonable and relevant concerns may include contacting a party by telephone, engaging in a community meeting or having an informal,personal discussion.Between steps 1 and 2 above,the proponent is expected to engage the public in a manner it deems most appropriate. Therefore,the letter at step 2 above may be a record of how the proponent and the other party addressed the concern at hand. Public Reply Comments As indicated in step 3 above,the proponent must clearly indicate that the party has 21 days from the date of the correspondence to reply to the response.The proponent must also keep a record of all correspondence/discussions that occurred within the 21-day public reply comment period.This includes records of any agreements that may have been reached and/or any concerns that remain outstanding. The factors that will determine whether a concern is reasonable or relevant according to this process will vary but will generally be considered if they relate to the requirements of this document and to the particular amenities or important characteristics of the area surrounding the proposed antenna system. Examples of concerns that proponents are to address may include: • Why is the use of an existing antenna system or structure not possible? • Why is an alternate site not possible? • What is the proponent doing to ensure that the antenna system is not accessible to the general public? • How is the proponent trying to integrate the antenna into the local surroundings? • What options are available to satisfy aeronautical obstruction marking requirements at this site? • What are the steps the proponent took to ensure compliance with the general requirements of this document including the Canadian Environmental Assessment Act(CEAA), Safety Code 6, etc.? Concerns that are not relevant include: • disputes with members of the public relating to the proponent's service,but unrelated to antenna installations; • potential effects that a proposed antenna system will have on property values or municipal taxes; • questions whether the Radiocommunication Act,this document, Safety Code 6, locally established by-laws,other legislation, procedures or processes are valid or should be reformed in some manner. 4.3 Concluding Consultation The proponent may only commence installation/modification of an antenna system after the consultation process has been completed by the land-use authority, or Industry Canada confirms concurrence with the consultation portion of this process, and after all other requirements under this process have been met. Consultation responsibilities will normally be considered complete when the proponent has: 9 109 ATTA IEt TO .=_ 0 REPORT# . Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 1. concluded consultation requirements(Section 4.1)with the land-use authority; 2. carried out public consultation either through the process established by the land-use authority or Industry Canada's Default Public Consultation Process where required; and 3. addressed all reasonable and relevant concerns. Concluding Land-use Authority Consultation Industry Canada expects that land-use consultation will be completed within 120 days from the proponent's initial formal contact with the local land-use authority. Where unavoidable delays maybe encountered, the land-use authority is expected to indicate when the proponent can expect a response to the proposal. If the authority is not responsive,the proponent may contact Industry Canada. Depending on individual circumstances, Industry Canada may support additional time or consider the land-use authority consultation process concluded. Depending on the land-use authority's own process, conclusion of local consultation may include such steps as obtaining final concurrence for the proposal via the relevant committee, a letter or report acknowledging that the relevant municipal process or other requirements have been satisfied, or other valid indication, such as the minutes of a town council meeting indicating LUA approval. Compliance with informal city staff procedures, or grants of approval strictly related to zoning, construction, etc. will not normally be sufficient. , Industry Canada recognizes that approvals for construction(e.g.building permits) are used by some land-use authorities as evidence of consultation being concluded. Proponents should note that Industry Canada does not consider the fact a permit was issued as confirmation of concurrence, as • different land-use authorities have different approaches.As such, Industry Canada will only consider such approvals as valid when the proponent can demonstrate that the LUA's process was followed and that the LUA's preferred method of concluding LUA consultation is through such an approval. Concluding Industry Canada's Default Public Consultation Process Industry Canada's Default Public Consultation Process will be considered concluded when the proponent has either: . received no written questions, comments or concerns to the formal notification within the 30-day public comment period; or • if written questions, comments or concerns were received,the proponent has addressed and resolved all reasonable and relevant concerns and the public has not provided further comment within the 21-day reply comment period. In the case where the public responds within the 21-day reply comment period, the proponent has the option of making further attempts to address the concern on its own, or can request Industry Canada engagement. If a request for engagement is made at this stage, Industry Canada will review the relevant material,request any further information it deems pertinent from any party and may then decide that: 10 110 REPORT! ,.�-- Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 • the proponent has met the consultation requirements of this process and that Industry Canada concurs that installation or modification may proceed; or • the parties should participate in further attempts to mitigate or resolve any outstanding concern. 4.4 Post-Consultation Whether the proponent followed a land-use authority's consultation process or Industry Canada's default public consultation process, construction of an antenna system must be completed within three years of the conclusion of consultation.After three years, consultations will no longer be deemed valid except in the case where a proponent secures the agreement of the relevant Land-Use Authority to an extension for a specified time period in writing. A copy of the agreement must be provided to the local Industry Canada office. 5. Dispute Resolution Process The dispute resolution process is a formal process intended to bring about the timely resolution where the parties have reached an impasse. Upon receipt of a written request from a stakeholder other than the general public, asking for Depai tuiental intervention concerning a reasonable and relevant concern,the Department may request that all involved parties provide and share all relevant information.The Department may also gather or obtain other relevant information and request that parties provide any further submissions if applicable. The Department will,based on the information provided, either: • make a final decision on the issue(s) in question, and advise the parties of its decision; or • suggest the parties enter into an alternate dispute resolution process in order to come to a final decision. Should the parties be unable to reach a mutually agreeable solution, either party may request that the Department make a final decision. Upon resolution of the issue under dispute,the proponent is to continue with the process contained within this document as required. 6. Exclusions All proponents must satisfy the General Requirements outlined in Section 7 regardless of whether an exclusion applies to their proposal.All proponents must also consult the land-use authority and the public unless a proposal is specifically excluded.Individual circumstances vary with each antenna system installation and modification,and the exclusion criteria below should be applied in consideration of local circumstances. Consequently, it may be prudent for the proponent to consult even though the proposal meets an exclusion noted below.Therefore,when applying the criteria for exclusion, proponents should consider such things as: • the antenna system's physical dimensions, including the antenna,mast, and tower, compared to the local surroundings; 11 111 ATTAMENT# REPORTV Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 • the location of the proposed antenna system on the property and its proximity to neighbouring residents; • the likelihood of an area being a community-sensitive location; and • Transport Canada's marking and lighting requirements for the proposed structure. The following proposals are excluded from land-use authority and public consultation requirements: • New Antenna Systems: where the height is less than 15 metres above ground level.This exclusion does not apply to antenna systems proposed by telecommunications carriers, broadcasting undertakings or third party tower owners; • • Existing Antenna Systems: where modifications are made, antennas added or the tower replaced)°, including to facilitate sharing,provided that the total cumulative height increase is no greater than 25% of the height of the initial antenna system installation11.No increase in height may occur within one year of completion of the initial construction. This exclusion does not apply to antenna systems using purpose built antenna supporting structures with a height of less than 15 metres above ground level operated by telecommunications carriers, broadcasting undertakings or third party tower owners; • Non-Tower Structures: antennas on buildings, water towers, lamp posts, etc. may be excluded from consultation provided that the height above ground of the non-tower structure, exclusive of appurtenances, is not increased by more than 25%;12 and • Temporary Antenna Systems: used for special events or emergency operations and must be removed within three months after the start of the emergency or special event. No consultation is required prior to performing maintenance on an existing antenna system. Proponents who are not certain if their proposals are excluded, or whether consultation may still be prudent, are advised to contact the land-use authority and/or Industry Canada for guidance. Height is measured from the lowest ground level at the base, including the foundation,to the tallest point of the antenna system. Depending on the particular installation,the tallest point may be an antenna, lightning rod, aviation obstruction lighting or some other appurtenance.Any attempt to artificially reduce the height(addition of soil, aggregate, etc.)will not be included in the calculation or measurement of the height of the antenna system. 7. General Requirements In addition to roles and responsibilities for site sharing, land-use consultation and public consultation, proponents must also fulfill other important obligations including: compliance with Health Canada's 10 The exclusion for the replacement of existing antenna systems applies to replacements that are similar to the original design and location. 11 Initial antenna system installation refers to the system as it was first consulted on,or installed. 12 Telecommunication carriers,operators of broadcasting undertakings and third party tower owners may benefit from local knowledge by contacting the land-use authority when planning an antenna system that meets this exclusion criteria. 12 112 ATTAMMENTA . _TO. Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 Safety Code 6 guideline for the protection of the general public; compliance with radio frequency immunity criteria;notification of nearby broadcasting stations;environmental considerations; and Transport Canada/NAV CANADA aeronautical safety responsibilities. 7.1 Radio Frequency Exposure Limits established safety guidelines for exposure Health Canada has establ ty gu osure to radio frequency fields, in its Safety p Code 6 publication, entitled:Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz.13 While the responsibility for developing Safety Code 6 rests with Health Canada, Industry Canada has adopted this guideline for the purpose of protecting the general public. Current biomedical studies in Canada and other countries indicate that there is no • scientific or medical evidence that a person will experience adverse health effects from exposure to radio frequency fields,provided that the installation complies with Safety Code 6. It is the responsibility of proponents and operators of installations to ensure that all radiocommunication and broadcasting installations comply with Safety Code 6 at all times, including the consideration of combined effects of nearby installations within the local radio environment. Telecommunications common carriers and operators of broadcasting undertakings are to carry out an exposure evaluation on all new installations and following any increases in radiated power.Either measurement surveys or mathematical or numerical computations can be used for this evaluation. Where the radio frequency emission of any installation,whether telecommunications carrier or broadcasting. operator, is greater than, or is equal to, 50%, of the Safety Code 6 limits for uncontrolled environments at locations accessible to the general public(i.e.not solely available for access by workers),the operator(s) of radio frequency emitters must notify Industry Canada and demonstrate compliance with Safety Code 6.This determination of 50%of Safety Code 6 must be in consideration of the local radio environment. For all proponents following Industry Canada's Default Public Consultation Process,the proponent's notification package must provide a written attestation that there will be compliance with Safety Code 6 for the protection of the general public, including consideration of nearby radiocommunication systems. The notification package must also indicate any Safety Code 6 related signage and access control mechanisms that may be used. Compliance with Safety Code 6 is an ongoing obligation.At any time, antenna system operators may be required, as directed by Industry Canada,to demonstrate compliance with Safety Code 6 by(i) providing detailed calculations, and/or(ii)conducting site surveys and,where necessary,by implementing corrective measures.14 At the request of Industry Canada,telecommunications carriers and operators of broadcasting undertakings must provide detailed compliance information for individual installations within five days of the request.Proponents and operators of existing antenna systems must retain copies of all information related to Safety Code 6 compliance such as analyses and measurements. 13 To obtain an electronic copy of Safety Code 6,contact:publications@a bc-sc.gc.ca. 14 See Client Procedures Circular CPC-2-0-20,Radio Frequency(RF)Fields—Signs and Access Control. 13 113 • R ffTo 'ivR-/� Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 7.2 Radio Frequency Immunity All radiocommunication and broadcasting proponents and existing spectrum users are to ensure that their installations are designed and operated in accordance with Industry Canada's immunity criteria as outlined in EMCAB-215 in order to minimize the malfunctioning of electronic equipment in the local surroundings. Broadcasting proponents and existing undertakings should refer to Broadcasting Procedures and Rules-Part 1, General Rules (BPR-1) for additional information and requirements16 on this matter. • Proponents are advised to consider the potential effect that their proposal may have on nearby electronic equipment. In this way, they will be better prepared to respond to any q uestions that may arise during the public and land-use consultation processes, or after the system has been installed. Land-use authorities should be prepared to advise proponents and owners of broadcasting undertakings of plans for the expansion or development of nearby residential and/or industrial areas. Such expansion or development generally results in the introduction of more electronic equipment in the area and. therefore an increased potential for electronic equipment to malfunction. By keeping broadcasters aware of planned developments and changes to adjacent land-use,they will be better able to work with the community. Equally, land-use authorities have a responsibility to ensure that those moving into these areas, whether prospective residents or industry, are aware of the potential for their electronic equipment to malfunction when located in proximity to an existing broadcasting installation. For example,the LUA could ensure that clear notification be provided to future prospective purchasers. 7.3 Proximity of Proposed Structure to Broadcasting Undertakings Where the proposal would result in a structure that exceeds 30 metres above ground level, the proponent is to notify operators of AM,FM and TV undertakings within 2 kilometres, due to the potential impact the physical structure may have on these broadcasting undertakings. Metallic structures close to an AM directional antenna array may change the antenna pattern of the AM broadcasting undertaking.These proposed structures can also reflect nearby FM and TV signals, causing"ghosting"interference to FM/TV receivers used by the general public. 7.4 Canadian Environmental Assessment Act Industry Canada requires that the installation and modification of antenna systems be done in a manner that complies with appropriate environmental legislation.This includes the Canadian Environmental Assessment Act, 2012 (CEAA 2012),where the antenna system is incidental to a physical activity or project designated under CEAA 2012, or is located on federal lands. An antenna system may not proceed where it is incidental to a designated project(as described in the Regulations Designating Physical Activities), or is otherwise expressly designated by the Minister of the 15 For more information see EMCAB-2,entitled:Criteria for Resolution of Immunity Complaints Involving Fundamental Emissions of Radiocommunications Transmitters available at:http://www:ic.gc.ca/eic/site/smt-gst.nsf/eng/sf01005.html. 16 BPR-1 -Pan 1: General Rules can be found on the Spectrum Management and Telecommunications website at: http://strategis.ic.gc.ca/epic/intemet/insmt-gst.nsf/en/sf013 26e.html. 14 114 • ATTI 9MENT+_ TO Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 Environment without satisfying certain requirements applicable to designated projects.Therefore, a proponent of this type of project must contact Industry Canada for direction on how to proceed. Any proposed antenna system on federal land may not proceed without a determination of environmental effects by Industry Canada. In order to assist the Department in making such a determination,proponents must submit a project description to Industry Canada,considering and addressing those elements of the environment described in CEAA 2012, as well as any determination of environmental effects that may have been made by the authority responsible for managing the federal land. Industry Canada may also require further information before it can complete its assessment. Industry Canada will inform the proponent of the results of its determination and may impose conditions related to mitigating any adverse effects after making its determination and/or may need to refer the matter to the Governor-in-Council under CEAA 2012. In addition, notices under Industry Canada's default public consultation process require written confirmation of the project's status under CEAA 2012 (e.g.,whether it is incidental to a designated project or, if not,whether it is on federal lands). In addition to CEAA requirements,proponents are responsible to ensure that antenna systems are installed and operated in a manner that respects the local environment and that complies with other statutory requirements, such as those under the Canadian Environmental Protection Act, 1999, the Migratory Birds Convention Act, 1994, and the Species at Risk Act, as applicable. For projects north of the 60th parallel, environmental assessment requirements may arise from federal statutes other than the aforementioned Acts or from Comprehensive Land Claim Agreements. Industry Canada requires that installation or modification of antennas or antenna supporting structures be done in accordance with these requirements, as appropriate. 7.5 Aeronautical Safety Proponents must ensure their proposals for any antenna system are first reviewed by Transport Canada and NAV CANADA. Transport Canada will perform an assessment of the proposal with respect to the potential hazard to air navigation and will notify proponents of any painting and/or lighting requirements for the antenna system.NAV CANADA will comment on whether the proposal has an impact on the provision of their national air navigation system, facilities and other services located off-airport. As required,the proponent must: 1. submit an Aeronautical Obstruction Clearance form to Transport Canada; 2. submit a Land-use Proposal Submission form to NAV CANADA; 3. include Transport Canada marking requirements in the public notification package; 4. install and maintain the antenna system in a manner that is not a hazard to aeronautical safety; and 15 115 ATTA NTL 2 _T0 R ff ,°/A) Radiocommunication Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 5. retain all correspondence. For those antenna systems subject to Industry Canada's Default Public Consultation Process, the proponent will inform the community of any marking requirements. Where options are possible, proponents are expected to work with the local community and Transport Canada to implement the best and safest marking options.Proponents should be aware that Transport Canada does not advise Industry Canada of marking requirements for proposed structures.Proponents are reminded that the addition of, or modification to, obstruction markings may result in community concern and so any change is to be done in consultation with the local public, land-use authority and/or Transport Canada, as appropriate. References and Details Aeronautical Obstruction Clearance forms are available from any Transport Canada Aviation Group Office. Both the Aeronautical Obstruction Clearance form (#26-0427) and a list of Transport Canada Aviation Group regional offices are available on the Transport Canada website.'7 Completed forms are to be submitted directly to the nearest Transport Canada Aviation Group office. (Refer to Canadian • Aviation Regulations, Standard 621.19, Standards Obstruction Markings). Land-use Proposal Submission foi ins are available from NAV CANADA18 and completed forms are to be sent to the appropriate NAV CANADA General Manager Airport Operations (GMAO) office, East or West. 17 The Transport Canada website can be found at:http://www.tc.gc.ca 18 Search keywords"Land-use Proposal"on the NAV CANADA website at:http://www.navcanada.ca. 16 116 ATTA 9IENT4` ._`O • REPOITt# ` P1 n/ /k-/5` Radiocommunication and Broadcasting Antenna Systems - CPC-2-0-03 Appendix 1—Industry Canada's Default Public Consultation Process -Public Notification Package The proponent must ensure that at least 30 days are provided for public comment:Notification must provide all information on how to submit comments to the proponent in writing.Notices must be clearly marked,making reference to the proposed antenna system, so that it is not misinterpreted as junk mail. The notice must be sent by mail or be hand delivered.The face of the package must clearly indicate that the recipient is within the prescribed notification radius of the proposed antenna system.The proponent must also provide a copy of the notification package to the land-use authority and the local Industry Canada office at the same time as the package is provided to the public. Notification must include, but need not be limited to: 1) the proposed antenna system's purpose,the reasons why existing antenna systems or other infrastructure cannot be used, a list of other structures that were considered unsuitable and future sharing possibilities for the proposal; 2) the proposed location within the community,the geographic coordinates and the specific property or rooftop; • 3) an attestation19 that the general public will be protected in compliance with Health Canada's Safety Code 6 including combined effects within the local radio environment at all times; 4) identification of areas accessible to the general public and the access/demarcation measures to control public access; 5) information on the environmental status of the project, including any requirements under the Canadian Environmental Assessment Act, 2012; 6) a description of the proposed antenna system including its height and dimensions, a description of any antenna that may be mounted on the supporting structure and simulated images of the proposal; 7) Transport Canada's aeronautical obstruction marking requirements(whether painting, lighting or both) if available; if not available,the proponent's expectation of Transport Canada's requirements together with an undertaking to provide Transport Canada's requirements once they become available; 8) an attestation that the installation will respect good engineering practices including structural adequacy; 9) reference to any applicable local land-use requirements such as local processes,protocols, etc.; 19 Example:I,(name of individual or representative of company)attest that the radio installation described in this notification package will be installed and operated on an ongoing basis so as to comply with Health Canada's Safety Code 6,as may be amended from time to time,for the protection of the general public,including any combined effects of nearby installations within the local radio environment. 17 117 • REPORT# � LAlI Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 10) notice that general information relating to antenna systems is available on Industry Canada's Spectrum Management and Telecommunications website(http://www.ic.gc.ca/towers); 11) contact information for the proponent, land-use authorities and the local Industry Canada office; and 12) closing date for submission of written public comments (not less than 30 days from receipt of notification). l 18 1 18