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2023-02-07 VI. A. Exhibit 3, 10/20/2022 Sworn Statement by Spencer Gamrell PETITION #22-003-SE, ADDITIONAL DOCUMENTS: Sworn Statement by Spencer Gamrell in Support of New Tower Construction, 4 Pages Submitted to City Staff on 10-20-2022 at the BOA PUBLIC HEARING *wad (mead iaOj9 M eh; AT&T AT&T Mobility Services LLC Tower Strategy 17000 Cantrell Rd. Little Rock,Arkansas 72201 SWORN STATEMENT OF SPENCER GAMRELL IN SUPPORT OF NEW TOWER CONSTRUCTION BY CitySwitch II-A,LLC PULASKI COUNTY ) )ss. STATE OF ARKANSAS ) Spencer Gambrell,being first duly sworn on oath,deposes and says that: 1. I am an adult resident of the State of Arkansas and serve as Director —Network Planning for AT&T Wireless("AT&T"). 2. I manage AT&T's high-rent relocation program,under which AT&T identifies high-cost or economically burdensome antenna site leases that accommodate AT&T's communications equipment and relocates its communications equipment onto lower-cost alternative antenna site lease locations to either improve or maintain wireless coverage. 3. I am familiar with the proposed tower to be constructed by CitySwitch II-A, LLC ("CitySwitch") at 1117 NW 9'h St., Okeechobee, Florida 34972 (the "CitySwitch Tower"). I am also familiar with the existing communications tower(the"SBA Tower")owned by SBA 2012 TC Assets,LLC ("SBA Communications")which is located at 1678 Northwest Ninth Avenue,Okeechobee,FL 34972. Both the existing SBA Tower and the location of the proposed CitySwitch Tower are located in AT&T's coverage search ring for this part of the City of Okeechobee and Okeechobee County. 4. AT&T currently leases space on the SBA Tower,along with related ground space at the base of the SBA Tower, to locate its communications equipment (the "Wireless Facilities"). AT&T has located its Wireless Facilities on the SBA Tower since August 2014,but AT&T now desires to relocate its Wireless Facilities onto the CitySwitch Tower as the SBA Tower has become a high-cost antenna site structure for AT&T. Page 1 of 4 [Plant City] FA#[15762104] 5. This sworn statement is made to attest that having its Wireless Facilities remain on the SBA Tower, which is the only existing communications support structure in AT&T's search ring, is economically burdensome for AT&T and would not result in the same cost-effective operation as compared to what AT&T could achieve if it relocated its Wireless Facilities to the CitySwitch Tower. Co-Location on the SBA Tower is Economically Burdensome 6. AT&T maintains a co-location agreement with SBA for the SBA Tower.Under this agreement, SBA increases the rent, assesses other costs and poses other logistical issues when AT&T installs additional Wireless Facilities on the SBA Tower. AT&T anticipates future rent increases and costs from SBA if it remains co-located at the SBA Tower. Those rent increases and costs would result from, among other things,AT&T's equipment rights on the SBA Tower. 7. The current rent charged by SBA to co-locate on the SBA Tower is over two-&one-half times what CitySwitch will charge AT&T to co-locate on the CitySwitch Tower.Pursuant to the agreement between AT&T and CitySwitch, annual rent increases are less than the annual rent increases charged by SBA. At the current rate of rent increases,over the next twenty(20)years,the difference in rent paid by AT&T to remain on the SBA Tower versus relocating on the CitySwitch Tower is well over two million dollars. 8. Since AT&T located on the SBA Tower in August 2014,rent and escalators have become more competitive in the tower marketplace. New tower companies have entered the marketplace since August 2014, which has also led to more competitive economic terms in tower lease agreements.Considering these competitive economic terms from other tower companies,AT&T has requested tower rent reductions from SBA.Unlike other tower companies,SBA has resisted an economically sustainable cost structure with its existing AT&T co-location leases, such that many of these leases have become economically burdensome for AT&T. 9. Decommissioning an existing Wireless Facility in favor of moving to an alternate tower location is something AT&T will only do in limited circumstances.AT&T will bear a significant capital cost in decommissioning its Wireless Facilities installation on the SBA Tower and relocating to the CitySwitch Tower. Despite these relocation costs,the CitySwitch Tower remains a better co-location option for AT&T_ Page 2 of 4 [West Okee Relo] FA#[15611191] 10. AT&T has made this determination because the current rents and other charges to co-locate on the SBA Tower have been categorized as high-cost as compared to other existing sites in AT&T's portfolio and the rents charged by other tower companies,such as CitySwitch. 11. AT&T has entered into nationwide development and master lease agreements with CitySwitch, which I am familiar with. Under these agreements, CitySwitch will construct at its own expense and own communications towers upon which AT&T will lease space to install its Wireless Facilities. AT&T does not bear any costs for the construction of a tower owned by CitySwitch. 12. Per these agreements and as is the case with the CitySwitch Tower,AT&T pays CitySwitch rent in return for 30,000 square inches of wind load surface area of loading and defined space on each tower and does not pay increased rent for additions to its Wireless Facilities provided said facilities remain within the predetermined space and loading limits. The agreed upon tower space and loading limits have taken into consideration the future additions and upgrades projected for AT&T's Wireless Facilities. 13. There are no other structures (other than the SBA Tower) located in AT&T's search ring capable of accommodating its Wireless Facilities. 14. The economic terms imposed upon AT&T by SBA to remain co-located on the SBA Tower are not cost-effective and are economically burdensome for AT&T especially when the nearby CitySwitch Tower presents a more competitive and flexible co-location option. The CitySwitch Tower provides superior mobile service functionality. 15. Technological changes and market trends in the wireless communications industry require AT&T to continuously upgrade its Wireless Facilities. AT&T is also obligated to build out FirstNet,which is our country's first nationwide integrated data network for providers of emergency services. AT&T's lease agreement for the SBA Tower does not include "set aside"capacity reserved for the future needs of AT&T's Wireless Facilities. Every time AT&T desires to improve the Wireless Facilities installed on the SBA Tower, it must apply to SBA which then triggers an application fee and a lengthy administrative review process, which typically includes a structural analysis of the tower and an amendment to Page 3 of 4 [West Okee Relo] FA#[15611191] the existing lease agreement.This administrative process may take several months and results in unnecessary time delay and additional costs in the deployment of the upgraded Wireless Facilities. 16.Conversely,AT&Ts master tower lease agreement with CitySwitch allows AT&T to rent 30,000 square inches of tower space and loading on a CitySwitch Tower.This space and loading capacity is reserved exclusively for AT&T and will accommodate the needs for AT&T's Wireless Facilities well into the future. This arrangement benefits AT&T because it increases the speed of deploying Wireless Facilities and gives AT&T greater flexibility to upgrade technologies and respond to the ever-changing coverage and capacity demands of its wireless network.Provided it does not exceed the reserved space and capacity limits in the co- location agreement,AT&T is free to upgrade its Wireless Facilities on the CitySwitch Tower with little to no delay. Spencer Gambrel! Subscribed and sworn to before me this '2,0 day of Q( 619 ,2022. BRO01�MISSION 1RVNVG A� • QWOM 9 RES:Merdi3,2 0 078 SabaCoury Notary Public State of Ark My Commission Expires Page 4 of 4 [West Okee Relo] FA#[15611191]