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Administrative Procedure 0800 - Telecommunications Transmission Facilities

I. Purpose

To establish the criteria by which the Chief Executive Officer will evaluate and make decisions concerning applications to place private telecommunications transmission facilities on sites owned by the Board of
Education.

There have been requests to place private telecommunications transmission facilities on sites owned by the Board of Education. Federal and county laws provide for such placements. The following criteria shall be considered in evaluating and/or approving such requests, without compromising the school system's primary mission to provide a safe and supportive environment for the academic success of every student

II. Policy

The Board of Education authorizes the placement of private telecommunications transmission facilities on sites owned by the Board as provided by federal and County laws. The Chief Executive Officer shall administer and manage the wireless telecommunications program on behalf of PGCPS. (Board Policy 3600)

III. Background

  1. Evaluation and Approval Process:

    1. Prince George's County Public Schools (PGCPS) support federal and County legislation relating to the infrastructure of modem telecommunications systems and will implement these laws without contravening the primary mission of the organization which is to provide a safe and supportive environment for the academic success of every student.

    2. Factors such as site size, compatibility with the County's Telecommunications Transmission Facility Coordination Committee's (TTFCC) Master Plan, PGCPS's Master Plan and school site development plan, impact on school operations, school and community input (including school personnel and neighborhood citizens' concerns), compensation, and the ability to co-locate telecommunication facilities at the site shall all be considered when evaluating sites for telecommunications facilities on school property. Specifically, the following criteria will be considered in the evaluation of proposals:

      1. Conformance with the requirements of federal and County legislation and the County's TTFCC regulations. (See attachment.)

      2. Telecommunications providers must have a long-range master plan for future telecommunications transmission facilities throughout the County.

      3. Physical feasibility of a property proposal, such as description of the site, potential pole locations, required height, type of pole, access and other site particulars.

      4. Impact on the school site and operations based on input obtained through community meeting or forum from school staff, PTSA, community groups and facilities staff. These considerations should include, but not be limited to, the following:

        1. ) No site shall be considered unless it meets the acreage needed for standard setback requirements in accordance with applicable zoning regulations.

        2. ) No private structure shall be placed on school buildings.

        3. ) Any proposed installation must satisfy all legal, safety, and health requirements set forth in federal, state, and County codes and regulations.

        4. ) Any proposed installation must be architecturally and aesthetically compatible with the school site.

        5. ) For applications involving new monopoles or towers, the applicant making the proposal is responsible for notification of potentially affected communities.

        6. ) Installation and location shall not disrupt normal operation of school system activities and/or community activities as determined by the principal or site manager.

        7. ) The applicant shall bear all responsibility and related costs for liability and maintenance arising from the installation and its operation. This would include related upkeep, repair, and appearance of the tower, monopole, equipment building, enclosed grounds and fencing, provision for its removal and returning the site to its previous condition at the conclusion of the lease.

      5. Demonstrated record in other site installations of compliance with contractual agreements and adherence to regulatory standards. In the event of the telecommunications company's bankruptcy, a sufficient bond must be provided to cover the cost of removing the transmission facility and returning the site to its previous condition.

      6. Benefit to the Board including provision of revenue to support educational improvements.

      7. The Board shall receive an annual report on approval and installation of any telecommunication transmission facilities, which shall include any reports, concerns or complaints involving the installation of the facility and facility itself and safety or health concerns.

    3. A PGCPS lease form shall govern all leases and permits for telecommunications facilities on school property. The lease/permit shall require indemnification of the Board, its employees, and agents by the applicant for any contingent liability arising from the operation of the facility. The telecommunications company may not access the property during school hours except with prior notice and approval of the official designated by the building administrator. The school system reserves the right, prior to the conclusion of its stated term, to terminate the lease with cause, including for lack of adequate maintenance as a basis, for example, of lease termination for cause. Revisions to the standard lease/permit form, except for changes required due to site specific concerns, shall not be accepted.

    4. The Chief Executive Officer will work with the telecommunications company to review and, if necessary, gather additional views of the community as well as principals and/or site managers and evaluate those views prior to approving or rejecting a request for placement of telecommunications facilities at a school site.

    5. The Chief Executive Officer shall provide quarterly notice to the Board of proposed placement of wireless telecommunications facilities on school sites/property and advise of the schedule for the County's final approval process. Information from the notice shall be publicly available on the PGCPS website.

    6. By June 30 of each year, the Chief Executive Officer shall also provide an annual report to the Board regarding installations of wireless telecommunications facilities on school sites/property during a school year, including revenues earned from the wireless telecommunications program and any other relevant information available.

  2. Implementation Strategies:

    1. The telecommunications company shall assist the Chief Executive Officer in notifying site managers (i.e., Principals) and school PTAs, of the proposed installation for their input or comments.

    2. After notification, the telecommunications company will make a request for CEO approval in the form of an executed Notice to Proceed “NTP” (see attached).

    3. After the NTP has been executed, the telecommunications company shall assist the CEO with notification to other interested stakeholders and the surrounding community. Community notification of proposed installations shall include, but not be limited to:

      1. letters mailed to adjacent residents and community organizations;

      2. website address for information on the proposed location, improved coverage area, visual impact, process, health and safety, and telecommunications company contact information;

      3. if necessary, a school community notification letter either via direct mail to homes of registered students or as part of the school's regular scheduled newsletter or similar publication; and

      4. a community meeting to allow for public comment, answer questions and address concerns.

    4. Upon satisfactory completion of these community notifications, the telecommunications company will notify the CEO and file a land use application with the TTFCC.

    5. In compliance with Prince George's County Regulation SA-14914- 96, the TTFCC will review and approve the initial application for a telecommunications facilities site, including obtaining any required approvals of M-NCPPC.

    6. Based on the criteria set forth in this procedure and Board Policy 3600, the Chief Executive Officer shall negotiate the most favorable terms of a lease and/or permit on behalf of PGCPS.

IV. Related Procedures

None

V. Maintenance and Update of These Procedures

This Administrative Procedure originates with the Division of Supporting Services and will be updated as needed. Annual reports on the implementation of this procedure, including input from affected schools and communities, will be reviewed by the Board.

VI. Cancellations and Supersedures

This procedure cancels and supersedes the version dated October 16, 2015.

VII. Effective Date

April 5, 2016

About This Procedure

Revised: April 5, 2016

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