Wireless Facilities/Cell Tower Process

📡 Wireless Facility Modification Guide

For Applicants Seeking Approval Under Section 6409(a) of the Spectrum Act

This guide is intended to help wireless facility applicants understand the federal and local requirements for modifying existing wireless infrastructure within the city. It outlines when streamlined approval under Section 6409(a) of the Spectrum Act applies, and what local compliance requirements still remain.

 

🔍 What Is Section 6409(a)?

Section 6409(a) of the Spectrum Act of 2012 (47 U.S.C. § 1455(a)) requires local governments to approve certain eligible modifications to existing wireless facilities, as long as they do not substantially change the physical dimensions of the facility.

Key provision:
"A state or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station."

 

✅ What Types of Modifications Qualify?

To be eligible under Section 6409(a), the proposal must meet both criteria below:

1. It Modifies an Existing Wireless Tower or Base Station

The structure must:

  • Have been previously approved under federal, state, or local law.
  • Function as a wireless support structure. The term ‘‘eligible support structure’’ means any structure that falls within the definitions of ‘‘tower’’ or ‘‘base station.’’

2. It Is an “Eligible Facilities Request”

The proposed action must be one of the following:

  • Collocation – Adding new transmission equipment.
  • Replacement – Upgrading antennas or associated hardware.
  • Removal – Taking down existing equipment.

🚫 What Is Considered a “Substantial Change”?

  • If a proposed modification meets any of the following, it is considered a substantial change and does not qualify under Section 6409(a):

1. For towers outside public rights-of-way:
    • The tower height increases by more than 10% or by the height of one new antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater.
 2. For towers in the rights-of-way and base stations:
      • The height increases by more than 10% or by 10 feet, whichever is greater.
 3.  Protrusion from the edge of the tower
      • For towers outside public rights-of-way: The extension from the edge of the tower is more than 20 feet, or more than the width of the tower at the appurtenance level, whichever is greater.

      • For towers in the rights-of-way and base stations: The extension from the edge is more than 6 feet.

 4.  Number of new equipment cabinets:
    • Installing more than the standard number of cabinets for the technology involved, but not exceeding four cabinets.
 5. Excavation:
    • Any excavation or deployment outside the current site of the tower or base station.
 6. Concealment elements:
    • The modification would destroy or remove the existing concealment (e.g., stealth designs) of the tower or base station.
 7. Non-compliance with prior approvals:
    • The modification does not comply with previous conditions of approval unless the issue is due to height, width, cabinets, or excavation that does not exceed the substantial change thresholds mentioned above.

🛠 Can the City Require Code Compliance?

Yes. For applications covered by section 6409(a), States and localities may continue to enforce and condition approval on compliance with  generally applicable building, structural, electrical, and safety codes and with other laws codifying objective standards reasonably related to health and safety.

Example:
If your modification includes adding a new walk-in cabinet and security fencing, the city may require the fencing to comply with height limits, material standards, and setback requirements under the Garden City City Code.

 

⏳ What Is the Review Timeline?

Under federal law, the city must act on an eligible facilities request within 60 days of receiving a complete application. This is known as the FCC “shot clock.”

If the application is incomplete, the city will:

  1. Notify the applicant within 30 days of submission, identifying the missing information.

  2. Toll (pause) the 60-day review period until the applicant provides the required information. This ensures that the absence of necessary documents or details does not prevent the city from completing its review before the 60-day period expires.

If your application does not qualify under Section 6409(a), the review timelines will follow standard zoning procedures.

 

📝 Submitting Your Application

All cell towers (defined as wireless facilities per Garden City Code) must go through the linked, Conditional Use Permit Process, even if it qualifies for the eligible facilities request. If a wireless communications facility is not permitted in the zoning district but there is an existing one on file, then a new conditional use permit would be needed for the expansion of the legal non-conforming use, even if it qualifies for the eligible facilities request. The site and structure design, if being expanded or modified, is subject to the linked, Design Review Process.

 To apply for a wireless facility modification:

  1. Complete the city's Conditional Use Permit application form.
  2. Include Compliance Statement and Statement of Intent  
  3. Include Neighborhood Map 
  4. Include Site Plan
  5. Provide Affidavit of Legal Interest 
  6. Include documentation showing the facility is existing and permitted.
  7. Provide detailed plans for all proposed modifications.
  8. Ensure all proposed work complies with building and safety codes.
  9. Submit proof of your Neighborhood Meeting.
  10. Provide Photos of the Site 

If your request meets the eligible facility requirements, we do request that you identify clearly how it meets the requirements. Please fill out the table and attach it to your package of documents.

 

📞 Contact Us

If you have any questions please contact: planning@gardencityidaho.org