2023-02-07 VI. A. Exhibit 3, 12/14/2022 Opposition Letter from JBJimerson DOCUMENTS SUBMITTED IN OPPOSITION
OF PETITION #22-003-SE:
Letter from JBJimersonBlRR, dated 12-14-2022, 5 Pages
Exhibit A, 2 Pages
Exhibit B, 6 Pages
Exhibit 1 of Exhibit B, 2 Pages
Exhibit C, 7 Pages
Exhibit 1 of Exhibit C, 14 Pages
Exhibit 2 of Exhibit C, 3 Pages
Exhibit 3 of Exhibit C, 2 Pages
Submitted to City Staff on 12-14-2022
Via email
C.Ryan Maloney j I M E R S O N B I R R Florida Bar Board Certified in
Construction Law
December 14, 2022
VIA ELECTRONIC MAIL
(dhoover@cityofokeechobee.com)
(dmccoy@cityofokeechobee.com)
(pbaughman@cityofokeechobee.com)
(kbrass@cityofokeechobee.com)
(rchartier@cityofokeechobee.com)
(mjonassaint@cityofokeechobee.com)
(dmcaulev(a,c ityofokeechobee.com)
(j shawAc ityofokeechobee.com)
(cberlin@cityofokeechobee.com)
(pburnettec cityofokeechobee.com)
(j fumero(a,nasonyeager.com)
(gvelazquez@nasonyeager.com)
(phahn@bakerdonelson.com)
City of Okeechobee Board of Adjustment
Attn: Dawn Hoover(Chairperson)
Douglas McCoy (Vice Chairperson)
Phil Baughman
Karyne Brass
Rick Chartier
Mac Jonassaint
David McAuley
James Shaw(Alternate)
Carl "Butch"Berlin, Jr. (Alternate)
Patty Burnette (Board Secretary)
Re: Opposition to Special Exception Petition No.22-003-SE
Dear City of Okeechobee Board of Adjustment Members,
This letter is written on behalf of SBA 2012 TC Assets, LLC, a subsidiary of SBA
Communications Corporation ("SBA"), in opposition to the Application for Special Exception
("Application") submitted by Ignite Wireless/Kyle Lotze, as authorized agent for CitySwitch II-
A, LLC ("CitySwitch"), which is scheduled to be considered by the Board of Adjustment at its
upcoming meeting on December 15, 2022, at 6:00 p.m. This Opposition amends and replaces the
Opposition submitted by SBA on October 19, 2022.
The Application seeks approval for the construction of a new 150-foot telecommunications
tower, with an additional 10-foot lightning rod (total above ground level ("AGL") height of 160-
feet) ("Proposed Tower") on CSX Transportation Inc.'s ("CSX") property located at 1117 NW
9th Street, Okeechobee, FL 34972,under Application File Number 22-003-SE. SBA is the owner
One Independent Drive-Suite 1400 I Jacksonville,FL 32202 I Telephone:(904)389-0050 I Facsimile:(904)212-1269 I www.jimersonfirm.com
City of Okeechobee Board of Adjustment
December 14, 2022
Pagc I2
of an existing 150-foot telecommunications tower ("SBA's Tower") located at 3079 NW 8th
Street, Okeechobee, Florida 34972, just 0.7 miles from the planned location of the Proposed
Tower. Please see Exhibit A for the specific location of the Proposed Tower and SBA's Tower.
As described in more detail below, the Board should deny the Application because
CitySwitch failed to demonstrate compliance with all of the requirements of the City's Land
Development Regulations ("LDR")necessary for the Application to be approved, as follows:
(1)CitySwitch failed to demonstrate a need or demand for the Proposed Tower,as required
by LDR Section 90-602(2)(b), because:
(a)AT&T's argument that the Proposed Tower is needed due to the cost of rent on SBA's
Tower is no longer applicable because SBA offered to match the monthly rent rate
currently offered to AT&T by CitySwitch on the Proposed Tower, less $10.00; and
(b) the Proposed Tower would not provide any appreciable increase in signal coverage or
strength over the SBA's Tower due to its close proximity to SBA's Tower and another
existing tower owned by American Tower Corporation which is located to the West of the
Proposed Tower and available for AT&T's collocation("Existing ATC Tower"); and
(2) the Proposed Tower will have an adverse effect on the interests of the citizens of the
City contrary to LDR Section 70-373(c)(3), by allowing the proliferation of an unnecessary new
tower without any additional cell coverage or benefit, and AT&T's relocation from SBA's Tower
to the Proposed Tower will decrease available coverage to the citizens located to the West of the
SBA's Tower.
CitySwitch Fails to Demonstrate a Need or Demand for the Proposed Tower
For the Application to be approved, CitySwitch is required to demonstrate a "need or
demand for the"Proposed Tower under LDR Section 90-602(2)(b). In its Application,CitySwitch
states that the Proposed Tower is needed for AT&T to "relocate equipment off an existing tower
where rent has become exorbitantly high."
However, the "need" referenced in LDR Section 90-602(2)(b) was clearly intended to be
the"need" of the public, i.e.,the citizens of the City, for a new communications tower for cellular
coverage. "Need" under that section of the Code was certainly not intended to be the desire of a
Fortune 100 company like AT&T to get out of a lease that it previously signed and agreed to as a
contract.
Further, any alleged need related to the rental payments under AT&T's lease with SBA is
negated by the fact that on December 14, 2022, SBA offered to match the monthly rental rate
currently offered to AT&T by CitySwitch on the Proposed Tower, less $10.00. As set forth
in the Declaration under oath of SBA Site Marketing Manager Brooke Irby, attached as Exhibit
B, in a good faith effort to accommodate AT&T's newly expressed desire to re-negotiate the terms
of its lease with SBA for AT&T to continue collocating on SBA's Tower, SBA sent a letter to
AT&T on December 14,2022,offering to match the monthly rental rate currently offered to AT&T
1JB JIMERSON RIRR
One Independent Drive-Suite 1400 I Jacksonville,FL 32202 I Telephone:(904)389-0050 I Facsimile:(904)212-1269 I www.jimersonfirm.com
City of Okeechobee Board of Adjustment
December 14, 2022
Page 13
by CitySwitch, less $10.00, upon AT&T providing a copy of bona fide documentation of the
monthly rental rate offered by CitySwitch. In short, SBA has offered AT&T lease terms at a
lower cost than what AT&T could obtain from CitySwitch.
As stated in the Sworn Statement of Spencer Gamrell with AT&T that CitySwitch provided
in support of the Application, AT&T will bear a significant capital cost in decommissioning its
equipment from SBA's Tower and re-locating to the Proposed Tower, and would prefer not to do
so. As SBA has offered to match the monthly rental rate offered by CitySwitch, less $10.00,
AT&T will be better positioned by remaining on SBA's Tower and avoiding the cost of re-locating
to the Proposed Tower. AT&T can instead use the relocation costs to benefit the public by
upgrading its equipment and installing FirstNet equipment on SBA's Tower.
Moreover,although AT&T provided an RF analysis and RF maps("AT&T RF Analysis")
which appear to depict a slight gap in coverage in the middle of the map and to the East of SBA's
Tower, the AT&T RF Analysis fails to consider coverage from all of the existing and available
towers located in AT&T's search ring, including the Existing ATC Tower. As demonstrated
below, the Existing ATC Tower is located in the exact area that AT&T claims there is a gap in
coverage:
/ 100) t S
r
•
„db....10e
rl.a`� 1�1 ,44elrld" „
tI * Proposed Tower 0,
110
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Existing SBA AT&T Existing ATC tower lioKE.F
- Existing Crown AT&T
a4 +77s 7
RsnD,,,vio de 40 �i ..'-"`"'� r 4
•
RSRPUMIDU IOW
Figure 1—Predicted coverage map of AT&T's Mobility network with the SBA site(West Okee)
and its antennas at 120'
As explained in the Declaration under oath of SBA Vice President, New Business
Technology and Operations Sanjay Dhawan, attached as Exhibit C, when considering the scope
or strength of available coverage in the area, it is necessary to consider coverage from both SBA's
Tower and the Existing ATC Tower. In comparing coverage from SBA's Tower and the Existing
ATC Tower to the Proposed Tower,it is clear that the Proposed Tower will not appreciably expand
)BJIMERSON FIRRH
One Independent Drive-Suite 1400 I Jacksonville,FL 32202 I Telephone:(904)389-0050 I Facsimile:(904)212-1269 I www.jimersonfirm.com
City of Okeechobee Board of Adjustment
December 14, 2022
1' g 4
the scope or strength of available coverage in the area. Rather, the Proposed Tower will provide
duplicative or overlapping coverage with SBA's Tower and the Existing ATC Tower, making the
Proposed Tower unnecessary.
Instead of constructing another new tower in AT&T's identified search ring,AT&T should
instead put its equipment in a location where it expands coverage to the citizens of the City by
keeping its equipment on SBA's Tower and putting any new equipment on the Existing ATC
Tower. This is exactly what other carriers in the area have done, including T-Mobile and Verizon.
Should the Board approve the Application and allow for construction of the Proposed
Tower without a demonstrated need, it will set a dangerous precedent that could result in the
proliferation of multiple unnecessary towers throughout the landscape. Clearly, such a situation
would be to the detriment of the citizens of the City, and contrary to the intent and plain language
of the City's LDR. Accordingly,because CitySwitch fails to demonstrate a need for the Proposed
Tower, the Application should be denied.
The Proposed Tower Will Have an Adverse Effect on The Interests of the Citizens of The
City by Allowing the Proliferation of an Unnecessary New Tower and By Decreasing
Available Cell Coverage To The Citizens Located To The West of SBA's Tower
Further, in granting a special exception use,the Board is required to find that the proposed
special exception use "will not have an adverse effect on the public interest." LDR Section 70-
373(c)(3). As stated in the Application,the Proposed Tower is being sought for AT&T to relocate
its equipment from SBA's Tower to the Proposed Tower to receive a lower lease rate.
However, if the Board approves the Application and allows an entirely new
communications tower to be constructed less than a mile from SBA's Tower without any
additional cell coverage or benefit, it will have an adverse effect on the interests of the citizens of
the City by allowing the proliferation of an unnecessary new tower. Further, if AT&T removes its
equipment from SBA's Tower, it will result in a loss of some of the available cell coverage to the
citizens located to the West of SBA's Tower.
As explained in the Mr. Dhawan's Declaration (Exhibit C), the Proposed Tower will shift
the available coverage in the area 0.7 miles to the East, causing at best a marginal improvement of
coverage 0.7 miles to the East. However,this relocation would also eliminate some of the available
coverage to the citizens located to the West of SBA's Tower. Rather than building an entirely new
tower that would at best only marginally improve coverage to slightly to the East of SBA's Tower,
while also reducing some of the available coverage to the West of SBA's Tower, AT&T could
remain on SBA's Tower and also collocate onto the Existing ATC Tower,which would maximize
coverage to all citizens in the area. In fact, carriers in the area including Verizon and T-Mobile
are collocated on both SBA's Tower and the Existing ATC Tower to achieve maximum cell
coverage to its customers in the area.
Should the Board approve the Application and allow for construction of the Proposed
Tower, it will be at the expense of the citizens located to the West of SBA's Tower, who will
experience a decrease in the available cell coverage, as well as all of the citizens in the City, who
JB JIMERSON PIRR
One Independent Drive-Suite 1400 I Jacksonville,FL 32202 I Telephone:(904)389-0050 I Facsimile:(904)212-1269 I www.jimersonfirm.com
City of Okeechobee Board of Adjustment
December 14, 2022
1' a e I
will experience the proliferation of an unnecessary and unsightly new tower. Clearly, such a
situation would be to the detriment of the citizens of the City, and contrary to the intent and plain
language of the City's LDR. Accordingly,because the Proposed Tower will have an adverse effect
on the interests of the citizens of the City,the Application should be denied.
Conclusion
In sum, the Application should be denied because (1) CitySwitch failed to demonstrate a
need or demand for the Proposed Tower, as required by LDR Section 90-602(2)(b), and (2) the
Proposed Tower will have an adverse effect on the interests of the citizens of the City, contrary to
LDR Section 70-373(c)(3). Accordingly, SBA respectfully requires for the Board to deny the
Application.
Sincer ly,
C an Maloney
CRM/mgm
Enclosures: (Exhibits A-C)
cc: Client(via email w/enclosures)
File
JBJIMERSON R1RRj
One Independent Drive-Suite 1400 I Jacksonville,FL 32202 I Telephone:(904)389-0050 I Facsimile:(904)212-1269 I www.jimersonfirm.com
Exhibit
«A„
SBA FL46235-A Okeechobee Distance Map
Barber NW 9th St Proposed CitySwitch 150'monopole(160'ovE
Quarters Length 3,933.544 ft
Angle 86.39°
FL46235-A \
:fisting 150'SBA monopole(ATT @ 120'AGL) \
NW"8th-St.. N?.v
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10/18/2022,1:18:27 PM 1:6,213
0 0.04 0.09 0.18 mi
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0 0.07 0.15 0.3 km
Esri Community Maps Contributors, University of South Flonda, FDEP,i
OpenStreetMap,Microsoft.Esri,HERE,Garmin,SafeGraph,GeoTechnologies,
Inc,METI/NASA,USGS,EPA.NPS,US Census Bureau,USDA
SBA Communications
VCGI I TNRIS,Venous Counties.Various Vendors I Ohio Department of Natural Resources I Washington State Department of Ecology,Washington State Office of the Chief Information Officer(0C10),Washington SGte Counties I Commonwealth of Massachusetts Office of Geographic
Exhibit
SBA Communications Corporation
S B A ® 8051 Congress Avenue
Boca Raton, FL 33487-1307
T+561.995.7670
F+561.995.7626
City of Okeechobee sbasite.com
Board of Adjustment
RE: Application No.22-003-SE
DECLARATION OF BROOKE IRBY
STATE OF GEORGIA
COUNTY OF FULTON
I, Brooke Irby, hereby certify and state as follows:
1. I am the Site Marketing Manager for SBA 2012 TC Assets, LLC, a subsidiary of
SBA Communications Corporation ("SBA").
2. I make this Declaration with the understanding that it is to be used in opposition to
the Application for Special Exception, Application No. 22-003-SE, submitted by Ignite
Wireless/Kyle Lotze, as authorized agent for CitySwitch II-A, LLC ("CitySwitch"). All
statements contained in this Declaration are based upon my personal knowledge or my personal
knowledge of the business records of SBA. I am over the age of eighteen and I am fully competent
to testify to the facts recited herein.'
3. It is my job to interact with carriers, such as AT&T, who have located, or are
interested in locating, onto an SBA telecommunications tower in Florida.
In my capacity working for SBA, I am one of the primary custodians of the organizational documents, files,
applications, letters, correspondence, reports, and other paperwork transmitted or received in connection with the
dealings with AT&T Wireless ("AT&T") in Florida (the "Records"). SBA's files contain documents which were
made and/or kept as part of the Records,contemporaneously at or near the time of the events so memorialized herein,
by or from information transmitted by SBA's employees and personnel who had knowledge of the facts set forth in
such documents. The Records are kept in the course of a regularly conducted business activity and for each such
document contained in the Records,it was the regular practice of business activity to make or retain such document.
To the extent that I refer to any such document other than those made or received by me personally,such document is
one of SBA's Records.
4. I maintain an open line of communication with the carriers, such as AT&T, to
discuss tenant issues, including but not limited to, collocation, new equipment, centerline
placement of equipment onto SBA communication towers, and other related matters. This would
include the communications tower SBA has owned, operated, and maintained since October 1,
2012, in Okeechobee County,FL on property located at 3079 NW 8th Street,Okeechobee,Florida
34972 ("SBA's Tower").
5. I understand CitySwitch is seeking approval for the construction of a new 150-foot
telecommunications tower, with an additional 10-foot lightning rod (total above ground level
("AGL") height of 160-feet) ("Proposed Tower") on CSX Transportation Inc.'s ("CSX")
property located at 1117 NW 9th Street, Okeechobee, FL 34972.
6. I was surprised by CitySwitch's Application for Special Exception that identified
AT&T as the primary intended tenant on the Proposed Tower, as I regularly communicate with
AT&T.
7. AT&T currently leases space and maintains its communications equipment on
SBA's Tower. AT&T has collocated on SBA's Tower since 2008, prior to SBA's ownership.
8. In exchange for collocating on SBA's Tower,AT&T agreed to make rent payments
to SBA, in accordance with the Site Lease Agreement dated September 23, 2008, originally
established between Nextel South Corp and AT&T. SBA has always billed AT&T in accordance
with the agreed upon Site Lease Agreement.
9. Since AT&T has collocated on SBA's Tower, the Site Lease Agreement has been
amended 6 times. The most recent amendment to the Site Lease Agreement is dated August 30,
2021, for AT&T to make changes to its equipment mounted on SBA's Tower.
2
10. When AT&T executed the Site Lease Agreement on August 30, 2021, AT&T did
not mention any issues or concerns with the Site Lease Agreement with SBA or raise any concerns
about the amount of the rent due to SBA for collocating on SBA's Tower.
11. In my prior communications with AT&T, it has not mentioned concerns or issues
with SBA's Tower, inquired whether SBA's Tower could accommodate FirstNet equipment, nor
has AT&T raised any other concerns to SBA about its occupancy on SBA's Tower. Notably,
AT&T has never contacted me about reducing the overall monthly rent rate on SBA's Tower, nor
attempted to re-negotiate the terms of the Site Lease Agreement relating to the monthly rent rate.
12. AT&T is currently a tenant on over 6,690 SBA telecommunications towers
nationwide. Given our relationship with AT&T, SBA would certainly appreciate the opportunity
to work with AT&T to stay collocated on SBA's Tower, which prevents the unnecessary and
needless proliferation of telecommunication towers in the City of Okeechobee, Florida.
13. Notably, on December 14, 2022, in an effort to accommodate AT&T's newly
expressed desire to re-negotiate the terms of the Site Lease Agreement for AT&T to continue
collocating on SBA's Tower, I sent an email to AT&T offering to match the monthly rent
rate currently offered to AT&T by CitySwitch on the Proposed Tower, less $10.00 ("SBA's
Rent Match Email"). A copy of SBA's Rent Match Email that was sent to AT&T on December
14, 2022, is attached as Exhibit 1.
14. As stated in SBA's Rent Match Email, SBA is willing to match the monthly rental
rate currently offered to AT&T by CitySwitch on the Proposed Tower, less $10.00, upon AT&T
providing a copy of bona fide documentation of the monthly rental rate offered by CitySwitch on
the Proposed Tower.
3
15. Further, having reviewed SBA's corporate records, I can confirm SBA most
certainly can accommodate additional equipment for AT&T, including FirstNet equipment, and
can accommodate CSX's equipment, on SBA's Tower.
16. Should AT&T's needs require modifications to SBA's Tower, SBA is willing to
discuss AT&T's needs with them further. Such modifications as may be needed to accommodate
AT&T at a higher height or for more/larger equipment are common practice in the
telecommunications industry.
17. In sum, there is ample structural capacity for SBA's Tower to handle more
equipment, including CSX's equipment and AT&T's FirstNet equipment, as SBA constructed
SBA's Tower to house multiple tenants.
[Signature follows on next page]
4
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE
FOREGOING STATEMENTS,AND THAT THE FACTS STATED THEREIN ARE TRUE
AND CORRECT.
Date: 12/13/2022
BROOKE IRBB
5
Exhibit
1
From: Brooke Irby
Sent:Wednesday, December 14, 2022 11:57 AM
To:John Heggy(Ih7803@att.com)<ih7803@att.com>
Subject:SBA site FL14326-A Okeechobee Park in the City of Okeechobee, FL/AT&T Cell Site ID: 10126641 West Okee
(FL)
Importance: High
Re: SBA collocation lease offer to AT&T at SBA Site#: FL14326-A Okeechobee Park in the City of
Okeechobee, FL
Site Address: 30709 NW 8th Street, Okeechobee, FL
AT&T Cell Site ID: 10126641
Cell Site Name: West Okee (FL)
Good Morning John,
I hope this email finds you well and please consider this email as SBA's offer to renegotiate the lease terms at the
referenced SBA Site in the City of Okeechobee, FL.
I did not know that AT&T had any interest in renegotiating the current lease or moving away from SBA's tower
until SBA discovered CitySwitch's and AT&T's application to construct a new wireless communications facility (.7
miles from the SBA tower) after it already had been filed. It surprises SBA that AT&T did not reach out to SBA or
contact me to attempt to renegotiate the lease at issue before moving forward with relocation efforts especially
since AT&T just amended this lease in 2021. SBA comes in good faith, seeking to negotiate a lease for AT&T's
continued collocation at this site.
Please accept this email as SBA's offer to match the corresponding monthly rental rate currently offered to AT&T
by CitySwitch on the above referenced tower lease for the above referenced site, less $10.00. SBA will require
AT&T first to provide a copy of bona fide documentation proving the rate offered by CitySwitch to AT&T. In order
to expedite this process, please send the requested documentation to me via e-mail at birby@sbasite.com.
SBA is hopeful we can reach a solution that is best for the City of Okeechobee community while helping AT&T be
successful.
Thanks in advance,
Brooke
Brooke Irby
Site Marketing Manager
SBA ®
SBA Communications Corporation
11415 Old Roswell Road
Suite 300
Alpharetta, GA 30009
678.386.5587+T
BlrbvCa�sbasite.com
Your Signal Starts Here.
Exhibit
«C„
S B A ® SBA Communications Corporation
8051 Congress Avenue
Boca Raton, FL 33487-1307
♦ re
T+561.995.7670
F+561.995.7626
sbasite.com
City of Okeechobee
Board of Adjustment
RE: Application No.22-003-SE
DECLARATION OF SANJAY DHAWAN
STATE OF FLORIDA
COUNTY OF PALM BEACH
I, Sanjay Dhawan, hereby certify and state as follows:
1. I am employed as the Vice President, New Business Technology and Operations
for SBA Communications Corporation. I am providing this Declaration on behalf of SBA Towers
IX,LLC, a subsidiary of SBA Communications Corporation ("SBA").
2. I have thirty(30)years of wireless experience working in designing,deploying,and
optimization of networks with wireless carriers. During my tenure in the wireless industry,I have
worked with wireless carriers on multiple generations of deployment from 2G to 5G. Additionally,
I manage a team of Radio Frequency ("RF") Engineers, who focus on wireless design and
engineering, in and among other things.
3. I make this Declaration with the understanding that it is to be used in opposition to
the Application for Special Exception,Application No. 22-003-SE("Application"),submitted by
Ignite Wireless/Kyle Lotze, as authorized agent for CitySwitch II-A, LLC ("CitySwitch"). All
statements contained in this Declaration are based upon my personal knowledge or my personal
knowledge of the business records of SBA. I am over the age of eighteen (18) and I am fully
competent to testify to the facts recited herein.1
4. SBA has owned, operated, and maintained a 150-foot communications tower
situated on property located at 23079 NW 8th Street, Okeechobee, Florida 34972 ("SBA's
Tower").
5. I understand the Application is seeking to construct a new 150-foot
communications tower,with an additional 10-foot lightning rod(total above ground level("AGL)"
height of 160-feet,to be situated on property located at 1117 NW 9th Street, Okeechobee,Florida
34972("Proposed CitySwitch Tower"),which is only 0.747 miles from SBA's Tower.
6. The SBA Records include an RF Coverage Plot Analysis and the RF Coverage
Plots, which compare the available coverage at varying frequencies on SBA's Tower at 120-feet
and 155-feet, and the Proposed CitySwitch Tower at 145-feet (collectively, the "SBA RF
Analysis"). The SBA RF Analysis is attached to this Affidavit as Exhibit 1.
7. I have reviewed the SBA RF Analysis,and based upon my education,training, and
experience, I can confirm that the SBA RF Analysis is an accurate depiction and comparison of
the RF coverage between SBA's Tower and the Proposed CitySwitch Tower at varying
frequencies.
' In my capacity working for SBA, I am one of the primary custodians of the organizational documents,
files, applications, letters, correspondence, reports, and other paperwork transmitted or received in
connection with communication towers located in Florida (the "SBA Records"). SBA's files contain
documents which were made and/or kept as part of the SBA Records, contemporaneously at or near the
time of the events so memorialized herein, by or from information transmitted by SBA's employees and
personnel who had knowledge of the facts set forth in such documents. The SBA Records are kept in the
course of regularly conducted business activity and for each such document contained in the SBA Records,
it is the regular practice of business activity to make or retain such documents. To the extent that I refer to
any such document other than those made or received by me personally,such document is one of the SBA
Records.
2
8. Based upon my education, training, and experience, I agree with and adopt the
findings in the SBA RF Analysis that the Proposed CitySwitch Tower would not appreciably
expand the scope or strength of available coverage in the area, but would instead provide
duplicative or overlapping coverage with the that provided by SBA's Tower. Further, the
installation of additional antennas on the Proposed CitySwitch Tower would be considered an
"overbuild" or impractical given the coverage overlap with SBA's Tower.
9. I have also reviewed the RF analysis by AT&T entitled, "RF Justification for HRR
Site FA 15611191, West Okee Relo" (the "AT&T RF Analysis"), which was included with the
Application. A copy of the AT&T RF Analysis is attached to this Affidavit as Exhibit 2.
10. The AT&T RF Analysis only considers coverage from SBA's Tower which is 0.747
miles to the West of the Proposed CitySwitch Tower and another tower which is 3.107 miles to
the East of the Proposed CitySwitch Tower(the"OKEE Tower"),on which AT&T also currently
has active antennas.
11. However,the AT&T RF Analysis does not consider coverage from another existing
tower owned by American Tower Corporation which is 0.866 miles to the East of the Proposed
CitySwitch Tower and available for collocation(the"Existing ATC Tower"). A map identifying
the locations of SBA's Tower, the Proposed CitySwitch Tower and the Existing ATC Tower is
attached as Exhibit 3, and the specific addresses of each Tower are set out below:
• SBA's Tower(existing AT&T colocation)
Address: 3079 NW 8th Street, Okeechobee, FL 34972
Coordinates: Latitude 27.2514; Longitude-80.85687
• Proposed City Switch Tower
Address: 1117 NW 9th Street, Okeechobee, FL
Coordinates: Latitude 27.25214; Longitude -80.84480
• Existing ATC Tower(colocation candidate)
Address: 119 NW 8th Street, Okeechobee, FL
3
Coordinates: Latitude 27.250869; Longitude -80.830700
12. SBA's Tower and the Existing ATC Tower are both located within the search ring
identified by AT&T in the AT&T RF Analysis.
13. When considering the scope or strength of available coverage in the area, it is
necessary to consider coverage from the towers that are located within AT&T's search ring and
are available for collocation,including SBA's Tower and the Existing ATC Tower. In comparing
coverage from SBA's Tower and the Existing ATC Tower to the Proposed CitySwitch Tower, it
is clear that from the SBA RF Analysis, that the Proposed CitySwitch Tower would not
appreciably expand the scope or strength of available coverage in the area, but would instead
provide duplicative or overlapping coverage with SBA's Tower and the Existing ATC Tower.
14. Further,if AT&T re-located from SBA's Tower to the Proposed CitySwitch Tower,
it would shift the available coverage in the area 0.7 miles to the East, causing at best a marginal
improvement in coverage 0.7 miles to the East. However, this relocation would also eliminate
some of the available coverage to the citizens located to the West of SBA's Tower.
15. Rather than building an entirely new tower that would at best only marginally
improve coverage to slightly to the East of SBA's Tower, while hurting coverage at the expense
of the citizens located to the West of SBA's Tower, AT&T could remain on SBA's Tower and
also collocate onto the Existing ATC Tower,which would maximize coverage to all citizens in the
area.
16. In fact, the other carriers on SBA's Tower (Verizon and T-Mobile) are already
collocated on both SBA's Tower and the Existing ATC Tower to achieve maximum coverage to
all citizens in the area.
4
17. Instead of constructing another new tower in AT&T's identified search ring,AT&T
should instead put its equipment in a location where it expands coverage to the citizens of the City
of Okeechobee by keeping its equipment on SBA's Tower and putting any new equipment on the
Existing ATC Tower.
[Signature follows on next page]
5
•
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE
FOREGOING STATEMENTS,AND THAT THE FACTS STATED THEREIN ARE TRUE
AND CORRECT.
Date: J /20?�Z
SANJAY DHAWAN
6
•
Exhibit
1
TO: SBA
Subject: RF Coverage Plot Analysis: City of Okeechobee, FL
Date: October 18, 2022
1. METHODOLOGY. The attached plots depict broadcast radio frequency(RF)coverage from the existing
site to City of Okeechobee, FL and a proposed site approximately 0.7452 miles to the East. At each
location,cellular industry typical LTE operating parameters were considered for omnidirectional antennas
mounted at 120 and 155 feet above ground level at the existing site, and at 145 feet above ground level
for the proposed site. Ground elevations are 33 and 29 feet above mean sea level, respectively.
Plots for both locations were generated for 700, 850, 1900 and 2100 MHz operations. The signal levels
depicted are associated with LTE service reliability where the strong coverage levels in green and blue
occur near the towers and decrease with distance from the sites and intervening terrain obstructions.
Signal levels greater than -70 dBm shown as blue are associated with feasible coverage within buildings.
Marginal coverage is provided in the regions depicted in yellow between-90 dBm and-80 dBm and signal
levels between-100 dBm and-90 dBm shown as red represent poor coverage associated with call failures.
A comparison of coverage performance for each site is based on low band (700 and 850 MHz) and high
band (1900 and 2100 MHz) prediction results. Radiowave propagation conditions between these bands
differ because of terrain and ground clutter (e.g. vegetation) effects at different frequencies. Generally,
low band operations provide greater area coverage. Therefore, high band operations provide additional
customer traffic capacity closer to the cellular site.
2. COMPARISON. The sites considered in these coverage plots provide service to the depicted locations
and roads leading to City of Okeechobee, FL. For low band operations, the existing site provides strong
coverage approximately 1.3 miles in all directions and to non-contiguous areas to 1.7 miles from the site.
This includes 1.6 miles of US Hwy 98. The proposed site provides strong coverage approximately 1.3 miles
in all directions and to non-contiguous areas to 1.7 miles from the site. This includes 1.6 miles of US Hwy
98.
For high band operations, both sites provide strong coverage to non-contiguous areas 0.7 miles in all
directions.
3. CONCLUSION. Based on the coverage comparison presented above, the proposed site provides
comparable coverage to City of Okeechobee, FL due to its close proximity to the existing site. For wireless
operators with antennas mounted on the existing site, the installation of additional antennas on the
proposed site would be considered to be an "overbuild" or impractical given the coverage overlap.
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0 -uar ..7—rl
FL46235-A Okeechobee
Existing Site Site Name Park Antenna: 17.15 dBi Omni Bsar.
<-300 dBm >=-300 dBm >=-90 dem >=-80 dBm >,70 dBm
2100 MHz Coverage Latitude: N27.2514 Alpha Rad Center(ft): 155
Longitude: W80.8569 Azimuth(Deg): 0
ERP per RS(W): 4.7
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Proposed Site Site Name Proposed Antenna: 17.15 dBi Omni
RSRP:
Latitude: N27.25214 Alpha Rad Center(ft): 145 <-iood9m >.-100 dB -90dBm >.-80 dBm >a70 den,
2100 MHz Coverage Longitude: W80 844796 Azimuth(Deg): 0 �I�
ERP per RS(W): 4.7
Exhibit
2
'-- =�- ' at8Ct
.
May 24, 2022
Re: RF Justification for HRR Site FA 15611191, West Okee Relo
AT&T's RF department has been asked to provide RF coverage maps for proposed site West Okee
Relo, the subject of this application. AT&T intends to remove its equipment from the SBA tower (West
Okee) located at 2773 NW 8th Street in Okeechobee and install it on the proposed tower to be located
at 1678 NW 9th Avenue in Okeechobee.
Figure 1 below shows a predicted cellular coverage map for the AT&T network with the SBA site as
the network exists today and Figure 2 shows the same predicted cellular coverage map view with the
SBA site replaced by the proposed West Okee Relo site.
�' t. 4 " r
ilk
.' , -4;1:14: tri.ostailiigro' mut' - - -. r 1 ailr
"" Oker,c
r + Fount ..
.,. '�-, ', • Auport
4p$4., - ,
., WESTOKEE ' - - —..
1,1
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' /w., ,t
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•
orRSRP Level(WNW''.40 �A �-...,..4.
III RSRPWeMgtdar, ._ i _ 'Giw "r:.
MI PSRPLevet!DO ldr , .: Or 7 i -
Figure 1 — Predicted coverage map of AT&T's Mobility network with the SBA site (West Okee)
and its antennas at 120'
17,
•
tt
• ' Okeechobee -,
• ti" 'a��. County -"' t.
Airport 1
▪ gyp M
.. i•
,,r ,t
a er
• WEST +OKEER -LOO :i Quarters
J. m
-_.. SIR' aif 44 1014 _ `~
IN RSRPLevel .90 j f •• t+:.r....: i.` ,.'' .
•RSRPLevet(Dtl(dBm$•=.t05 - -y - ' 'fa.' v,
RSRP tevell{Dtl tdam1 a:-ttS •a IT K * •;
111 RSRPIr•aer DCi tarns,:-14C c _ . 1:
Figure 2 — Predicted coverage map of AT&T's Mobility network with proposed West Okee Rello
site and its antennas at 145'
AT&T moving their cellular equipment from the SBA tower West Okee to the proposed West Okee
Relo tower will enable AT&T to maintain existing service toward the west and improve indoor service
levels in downtown Okeechobee where the area's structure density exists the most
Sincerely,
Oot,ge &osseaa
George Brosseau
Principal RF Design Engineer
AT&T Mobility
(561) 312-3000
1
Exhibit
3
Surrounding Towers
Estate;;- ! ; »•,
q m At ) Z NW 34th St I,
NW.32 ndSt..
e tjr `
,'t
1- mN 3 ;,4' • I j� neO 1tt y NW 27th'� n
3' °iW
�t r d; f m
Nw.iau,st 3 5
{•C -a i .a
A S
I NW 13th St:. �,
(�� Propos�CitySwitch
\�1 Fi *SEA NW 9ih St NE 98h Si aQ 2. n� NE 9th I
`lJ, Quarters - ,:' L -m
Existing SBA Monopole � 7th ATT ON-AIR - "Wes15tQKKEE' "J•lAti,st 'K lEit 3
NW.4di St A, NW 4Yh St Z • .,A..,..‘: `
NW 3rdSt NE 3rd St t •'
NW 1st St :. ': ', Cypress TO
Existing Crown Lattice wer
Okeechobee Quarters ATT ON-AIR - 'IOKKEE" Site
l N � � N �A N N' G
1 *. N
M
y
"". SUM ath'St' SW.gi'h - ; k SF Rth e
a Y ''q a
�,s` .i "�,,'- ,c
12/14/2022,9:50:33AM 1:36,112
0 0.28 0.55 1.1 mi
All Competitor Data • Crown Castle • T Mobile l ' f 8 I t
Override 1 — 0 0.42 0.85 1.7 km
Independent • O Earl.NASA,NSA,USGS,FEMA,University of South Florida,FDEP,Eon
AT&T US SBA Owned HERE,Ga min,SateGraph,GeoTechnologies,Inc,METIINASA,USGS,EPA.
— — NPS,US Census Buroau,USDA
• American Tower
SBA Communiptiono
Esri,NASA,NSA USGS,FEMAi Eari Community Maps Contributors,Unlvarsity of South Floritla FDEP Esri,MERE,Gon on,SafeGnph,GaoTechnaloglas Inc METIMASA,USGS EPA NPS,US Census Bureau,USDA I VCGI I TNRIS,Various Counties,Various Vendor:I Ohio Department of