HomeMy WebLinkAboutDRB130323 APPLICATION Department of Community Development
0 75 South Frontage Road
TOWN OF VAIL ' Vail, CO 81657
Tel: 970-479-2128
www.vailgov.com
Development Review Coordinator
Application for Design Review
Minor Exterior Alteration
General Information: This application is required for all proposals involving minor changes to buildings and site
improvements, such as roofing, painting, window additions, landscaping, fences, retaining walls, etc. Applicable Vail
Town Code sections can be found at www.vailgov.com under Vail Information—Town Code Online. All projects requiring
design review must receive approval prior to submitting a building permit application. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department, as outlined in
the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Planning and
Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit
is issued and construction commences.
Fee: $250 for Multi-Family/Commercial
$20 for Single Family/Duplex
Single Family Duplex Multi-Family Commercial
Description of the Request: Application 1 - West Area:To install a 23-site, neutral-host Distributed Antenna Svstem
(DAS)to improve cellular services throuqhout the Town of Vail. A morioritv of the DAS sites will utilize existinq wifi poles.
1st application: 9 nodes
Physical Address: Various right-of-way locations
Parcel Number: N/A A 11)1 o(-,Vy x0003 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Property Owner:Town of Vail
Mailing Address: 75 S Frontage Rd
Phone: 970-479-2100
Owner's Signature:
Primary Contact/Owner Representative: Tanya Friese, Crown Castle
Mailing Address: 5350 N 48th St, Suite 305
Chandler, AZ 85226 Phone:602-677-0957
E-Mail:tanva.friese @crowncastle.com Fax:
For Office Use Only:
Cash_ CC: Visa/MC Last 4 CC# Exp. Date: Auth# Check# 131.3.32
Fee Paid: S ASO.Q0 Received From: - - is "34
Meeting Date: 199-04-L3 DRB No.:
Planner: S�$, Project No: PS, 1pall O
Zoning: Land Use:
Location of the Proposal: Lot: Block: Subdivision:
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TOWN OF VAIL, COLORADOCopy Reprinted on 08-01-2013 at 08:07:37 08/01/2013
Statement
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Statement Number: R130001104 Amount: $250.00 08/01/201308:07 AM
Payment Method: Check Init: DR
Notation: CK# 831339
CROWN CASTLE USA
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Permit No: DRB130323 Type: DRB-Minor Alt,Comm/Multi
Parcel No: 2101-064-0000-3
Site Address: 75 S FRONTAGE RD W VAIL
Location: VARIOUS LOCATIONS THROUGHOUT TOWN
Total Fees: $250.00
This Payment: $250.00 Total ALL Pmts: $250.00
Balance: $0.00
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ACCOUNT ITEM LIST:
Account Code Description Current Pmts
-------------------- ------------------------------ ------------
DR 00100003112200 DESIGN REVIEW FEES 250.00
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CROWN CASTLE's DAS Network in Vail, CO
PROJECT NARRATIVE
1. CROWN CASTLE DAS: A LOW-PROFILE COLLOCATION SYSTEM FOR THE PUBLIC
RIGHT-OF-WAY.
NewPath Networks, LLC, now a wholly owned indirect subsidiary of Crown Castle International
Corp (NYSE: CCI), ("Crown Castle") is a wireless telecommunications infrastructure company that
designs, develops and operates fiber-fed wireless distributed antenna systems (known in the
industry and referred to herein as "DAS"). DAS are unobtrusive and low-profile systems capable
of delivering wireless telecommunications and data services to customers of multiple carriers
such as AT&T, Verizon, Sprint and T-Mobile. The elements of Crown Castle's DAS network are
incorporated into slim-line poles that take up little space in the public rights-of-way ("ROW"),
or, where feasible, into existing elements in the ROW such as streetlights and wooden utility
poles. Crown Castle's network therefore allows one aesthetically unobtrusive network to take
the place of multiple antennas or macro-sites constructed by individual carriers -- a simple
solution that avoids the prospect of multiple carrier-constructed antenna facilities servicing a
single service area. Put another way, Crown Castle's DAS is the equivalent of a collocation
system, as it permits many carriers to transmit their signals over one antenna system with only
a single series of vertical elements.
As stated more fully herein, Crown Castle is proposing to complete a minimally intrusive DAS
network to fill a significant gap in wireless telecommunications coverage in an area serving the
Town of Vail, Colorado ("Network"). In so doing, Crown Castle relies on certain federal and
state rights. Those rights should inform the permitting process of Vail.
2. THE PROPOSED DAS NETWORK IN VAIL
A. The Network.
The facilities at the center of this application are the 23 DAS nodes for the Network (designated
and referred to herein as "Network") located in the ROW of Vail, CO. The Network will initially
will provide service for Crown Castle's anchor tenant, AT&T, allowing AT&T to provide wireless
telecommunications services in an area where AT&T currently experiences a significant gap in
coverage. (For a more detailed discussion of the significant gap see Section 3A, below.) All
nodes will receive an optical signal from a central hub and distribute the signal in the form of
radio frequency (RF) transmissions. Distribution of signal from the hub to the low-power, low-
profile antenna nodes, will allow multiple carriers to provide wireless telecommunications
services to the target service area.
B. The Features of the Network Facilities.
Each site in the Network will consist of cellular antennas, ION M radios, Wifi antennas (where
applicable) and an equipment cabinet with an electric meter mounted on it. All equipment will
be mounted to the new or replacement utility poles and streetlights or inside of the equipment
cabinet. The nodes also features fiber repeaters located in an underground utility vault. The
fiber repeater converts digitalized spectrum received from a central hub into RF signals emitted
from the antenna array to the node service area. The central hub serving the Network is located
in the Town's parking garage. As noted above, the Network is proposed for one anchor tenant:
AT&T. The Network is designed to accommodate additional carriers in the event Crown Castle
enters agreements with such carriers in the future.
3. THE NETWORK IS NECESSARY TO FILL A SIGNIFICANT GAP IN SERVICE IN THE AREA.
A. A Significant Gap Exists in the Service Area.
Each of the 23 DAS sites is required to fulfill the gap in the targeted service area. The need to
fill the existing significant coverage gap to a level that allows adequate for in-building coverage
is underscored by the greater numbers of customers dropping their landlines and relying solely
on wireless telecommunications for their phone service. Approximately 33 percent of American
households now rely solely on mobile phones and that number is growing. (Stephen J.
Blumberg, Ph.D., and Julian V. Luke, Wireless Substitution: Early Release of Estimates from the
National Health Interview Survey (May 2009) Division of Health Interview Statistics, National
Center for Health Statistics.) Additionally: (1) smart phone devices, featuring mobile internet
services and streaming video, are now ubiquitous; (2) mobile social networking has become
commonplace; and (3) the number of 911 calls made from wireless phones has increased to
about 50 percent of the millions of 911 calls received daily. (Federal Communications
Commission (Oct. 2008), information available at http://www.fcc.gov/cgb/consumerfacts/
wireless911srvc.html.) As more and more Americans abandon landlines in favor of mobile
phones, reliable in-building coverage will be a necessity. These are some of the reasons courts
now recognize that a "significant gap" can exist on the basis of inadequate in-building
coverage. (See, e.g., Verizon Inc. v. City and County of San Francisco, supra, 2006 U.S. Dist.
LEXIS 43985; T-Mobile Central, LLC (Voicestream Kansas city, Inc.) v. Unified Government of
Wyandotte County (D.Kans. 2007) 528 F.Supp.2d 1128supra, 528 F.Supp.2d 1128.)
B. Crown Castle Proposes the Least Intrusive Means of Filling the Significant
Gap in the Service Area.
The federal Telecommunications Act of 1996 ("Telecom Act") prohibits a city or other political
subdivision of the state from taking any action on a wireless siting permit that "prohibit[s] or
[has] the effect of prohibiting the provision of personal wireless services." (47 U.S.C. § 332(c)
(7)(6)(1)(11).)1 While the Tenth Circuit has yet to weigh in on the issue, the Ninth Circuit has
presented the most recent interpretation of the metes and bounds of the Telecom Act's
prohibition test. Under the Ninth Circuit standard, a local government violates section 332(c)(7)
(6)(1)(11)when it prevents a carrier from using the "least intrusive means" to fill a significant gap
in service. (T-Mobile U.S.A., Inc. v. City of Anacortes, 572 F.3d 987 (91h Cir. 2009); see also
MetroPCS, Inc. v. City of San Francisco, 400 F.3d 715, 731 (9th Cir. 2005).) The "least intrusive
means" standard, as articulated by the Ninth Circuit in Anacortes, "requires that the provider
`show that the manner in which it proposes to fill the significant gap in service is the least
intrusive on the values that the denial sought to serve." (Ibid., emphasis added.) This
allows
[F]or a meaningful comparison of alternative sites before the
siting application process is needlessly repeated. It also gives
providers an incentive to choose the least intrusive site in their
first siting applications, and it promises to ultimately identify the
best solution for the community, not merely the least one
remaining after a series of application denials.
(Id. at 995.)
Because Crown Castle is a CLEC entitled to construct its systems in the ROW, its DAS networks
are inherently ROW systems. (Exhibit A - Colorado CPCN) Additionally, Crown Castle's
facilities are designed to accommodate multiple carriers, thereby discouraging unwanted
proliferation of wireless networks in the ROW. The analysis below further demonstrates why the
proposed Network qualifies as the "least intrusive means" of filling the significant gap in service
described above.
(1) Height of the Proposed Facilities.
The antennas are placed at the lowest possible height allowable to still meet coverage
objectives. As a general rule, the lower the antenna, the less effective the coverage.
(2) Location of the Proposed Facilities.
In addition to the antenna height, the node number and location also were carefully considered.
Each node site was chosen to maximize the RF coverage in the immediate service area and to
each node in the larger Network, while minimizing the potential interference/overlap given the
constraints of a low-profile DAS system. Despite the small size of the facilities and the
resultant limitations of such a low-profile system, Crown Castle seeks to maximize the
coverage of each node location, since maximization of the node coverage equates to a lower
overall number of facilities for the Network and a less intrusive system. Accordingly, each
The Telecom Act imposes additional constraints on local governments. For instance, local
governments (a) cannot unreasonably discriminate among providers of functionally equivalent
services; (b) must act on siting applications within a reasonable period of time; (c) must ensure
that denials of siting permit applications are in writing and supported by substantial evidence;
and (d) cannot regulate the placement, construction, and modification of personal wireless
service facilities on the basis of the environmental effects of radio frequency emissions. (47
U.S.C. § 332(c)(7)(B).)
location was chosen to provide an effective relay of signal from the adjacent node, so that
ubiquitous coverage of signal level is provided throughout the Network with the least number
of node locations.
(3) Design of the Proposed Facilities.
Finally, the Network incorporates state-of-the-art technology that allows for multiple carriers
to provide service from one small antenna array. The nodes of the Network are designed to
blend into the existing elements of the ROW. They feature narrow-profile poles and minimal
ground equipment. Each facility will be painted to match existing features in the road. In stark
contrast to conventional cell tower, the DAS nodes are small and unobtrusive. Where available,
the DAS node can attach to an existing utility poles or streetlight, thereby avoiding an increase
in vertical elements in the ROW.
In summary, Crown Castle's DAS network qualifies as the "least intrusive means" of filling the
identified significant gap in coverage for the following reasons, among others:
(a) The Network utilizes the latest in wireless infrastructure technology,
incorporating smaller, low-power facilities instead of using larger -- and
sometimes more obtrusive -- cell towers;
(b) The Network utilizes the ROW, thereby avoiding intrusions into private property;
(c) The Network allows for collocation by multiple carriers, thereby avoiding antenna
proliferation;
(d) Where possible, the Network utilizes existing structures in the ROW, such as
utility poles or streetlights, thereby minimizing ROW clutter;
(e) The Network strikes a balance between antenna height and coverage in order to
minimize visual impacts; and
(f) The Network carefully spaces the nodes to effectively relay signal with a
minimum of node locations.
4. Conclusion.
Crown Castle respectfully submits this Project Narrative for the Town's consideration. Crown
Castle's representatives are on hand to answer any questions and address any concerns.
Exhibit A
Colorado CPCN
Decision No. C10-0856
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. I OA-434T
IN THE MATTER OF THE APPLICATION OF NEWPATH NETWORKS,LLC, FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE LOCAL
EXCHANGE TELECOMMUNICATIONS SERVICES (4 CCR 723-2-2103).
ORDER GRANTING APPLICATION WITH CONDITIONS
Mailed Date: August 6, 2010
Adopted Date: July 22,2010
I. BY THE COMMISSION
A. Statement
I.On June 16, 2010, NewPath Networks, L.L.C. (NewPath), filed an Application for a
Certificate of Public Convenience and Necessity (CPCN) to provide local exchange
telecommunications services and a Letter of Registration(LOR)to provide emerging competitive
telecommunications services pursuant to Rule 2103 of the Rules Regulating Telecommunications
Providers, Services,and Products,4 Code of Colorado Regulations 723-2.
2.Notice of the application was posted on the Commission's web site on June 18, 2010.
Interventions were due on or before July 19, 2010. No interventions were filed.
3.On July 12, 2010, NewPath responded to a question posed by the Commission Staff
(Staff). In the response filed, NewPath agreed to provide financial assurance as a condition to
receiving its telecommunications authority.
B. Discussion
4.We find that the application contains all of the information required by applicable
Commission rules and is therefore deemed complete.
Before the Public Utilities Commission of the State of Colorado
Decision No.C10-0856 DOCKET NO. 10A-434T
5.No party has filed an intervention opposing the application. We therefore find that the
application is unopposed and will consider it without a formal hearing pursuant to § 40-6-109(5),
C.R.S.
6.Pursuant to § 40-15-503.5, C.R.S., the Commission may require a regulated
telecommunications provider to post a bond or provide other security as a condition of obtaining
a certificate, registration, or operating authority. Staff reviewed the financial information
provided in the application and identified specific concerns regarding financial viability of the
applicant. We agree with these concerns and determine that financial assurance in the form of
either a bond or a letter of credit shall be required to be posted with the Commission under the
terms and conditions specified in the Attachments to this Order.
7.We find that NewPath's application is consistent with the legislative policy statements
contained in §§ 4015101, 4015501, and 40-15-502, C.R.S., and is not contrary to the public
interest. Therefore, we grant NewPath's application for a CPCN to provide local exchange
telecommunications services and a LOR to provide emerging competitive telecommunications
services.
8.13efore providing local exchange telecommunications services or emerging competitive
telecommunications services NewPath must: (1) have effective tariffs for its services on file
with the Commission; (2) file a bond or letter of credit consistent with the terms and conditions
in the Attachments to this Order; and (3) comply with all statutory and regulatory requirements
applicable to telecommunications providers pursuant to Rule 2103(a)(XV).
2
Before the Public Utilities Commission of the State of Colorado
Decision No.C10-0856 DOCKET NO. 10A-434T
11. ORDER
A. The Commission Orders That:
1. The application filed on June 16, 2010 by NewPath Networks, L.L.C. (NewPath),
is deemed complete.
2. NewPath is granted a Certificate of Public Convenience and Necessity (CPCN)to
provide local exchange telecommunications services with the conditions included herein.
A detailed description of the applicant's service territory will be delineated in the
exchange maps or maps incorporated by reference and the local calling areas in
NewPath's tariff.
3. NewPath's local exchange telecommunications services will be regulated
according to the regulatory scheme it selected under Rule 2203(d).
4. NewPath is granted a Letter of Registration (LOR) to provide the following
emerging competitive service throughout the State of Colorado: Jurisdictional Private
Line Services.
5. NewPath's emerging competitive telecommunications services will be regulated
according to the regulatory scheme it selected under Rule 2203(d).
6. NewPath shall serve customers in its service territory on a non-discriminatory
basis. "Service territory" shall be defined as that portion of Colorado included in the
local exchange maps provided or incorporated by reference in the applicant's tariff.
However, NewPath shall not be required to extend service to customers where the
underlying facilities-based provider has no facilities.
3
Before the Public Utilities Commission of the State of Colorado
Decision No.C10-0856 DOCKET NO. 10A-434T
r
7. Before commencing operations under this CPCN to provide local exchange
telecommunications services, NewPath shall file an Advice Letter and accompanying
tariff, on not less than 30 days' notice, to be effective within one year from the Mailed
Date of this Order. The proposed tariff shall contain all the information required under
Rule 2122. NewPath may also file a separate price list in addition to its proposed tariff
under Rule 2123.
8. If NewPath fails to file an Advice Letter and accompanying proposed tariff that is
effective within one year from the Mailed Date of this Order, this CPCN to provide local
exchange telecommunications services and LOR to provide emerging competitive
telecommunications services shall be deemed null and void without further action of the
Commission. For good cause shown, and if a proper request is filed within one year of
the Mailed Date of this Order, the Commission may grant NewPath additional time
within which to file a tariff.
9. Concurrent with the filing of an Advice Letter and accompanying tariff, NewPath
shall file a bond or letter of credit consistent with the terms and conditions attached to
this Order.
10. In accordance with the Rules of Practice and Procedure, NewPath will be required
to maintain its books of accounts and records using Generally Accepted Accounting
Principles.
11. Consistent with terms and conditions established in previous Commission
decisions, NewPath will be required to contribute for all of its intraLATA services, to the
Public Utilities Commission's Fixed Utilities Fund, the Colorado High Cost Support
4
I
f
t f
Before the Public Utilities Commission of the State of Colorado
Decision No.C10-0856 DOCKET NO. 10A-434T
Mechanism, the Disabled Telephone Users Fund, the Low Income Telephone Assistance
Fund, and other financial support mechanisms that may be created in the future by the
Commission to implement§§ 4015-502(4)and(5), C.R.S.
12. The 20-day period provided for in § 40-6-114, C.R.S., within which to file
applications for rehearing, reargument, or reconsideration begins on the first day
following the effective date of this Order.
13. This Order is effective on its Mailed Date.
B. ADOPTED IN COMMISSIONERS'WEEKLY MEETING
July 22, 2010.
01F C01-0 THE PUBLIC UTILITIES COMMISSION
OF THE STATE OF COLORADO
RONALD J. BINZ
{lC�1LTr1ES G0�
(SEAL)
ATTEST:A TRUE COPY MATT BAKER
Commissioners
Doug Dean, COMMISSIONER JAMES K.TARPEY
Director ABSENT.
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We Are 0)7urlbns -
Proposed DAS Project for the Town of Vail
Ll CCA��E
Why does the Town of Vail need to install
a DAS system?
A neutral-host distributed antenna system (DAS) is a shared-
infrastructure (co-location ready) network that is designed to
complement the City's traditional macro wireless infrastructure by
adding coverage and capacity in hard-to-reach and high-demand
areas. As a neutral host technology, DAS can support all the major
wireless service providers (WSP) existing 3G, 4G/LTE services, as well
as, future generation technology and service offerings.
We Are Solutions ' •
In layman's terms, how does the system work?
An outdoor DAS consists of a central hub (equipment area) location
which links, via fiber, a system of strategically placed antenna
locations (or nodes) to provide WSPs with pinpoint coverage
Does the quantity of antennas correlate with usage?
The quantity of antennas does not correlate with the amount of usage
We Are Solutions ' �
Do all parts of the Town of Vail benefit from this system?
All parts of the Town of Vail that have a DAS node(s) will
benefit from DAS
How does the proposed system replace and/or
complement the existing "Top Hat" wireless system in
the short and long term?
When feasible, Crown Castle (CC) will attach DAS antenna and equipment
on existing wifi pole sites. When not feasible, CC will install a new pole that
will support the co-location of wifi and DAS equipment
We Are Solutions ' •
What does the system consist of?
An outdoor DAS consists of a central hub (equipment area) location which
links, via fiber, a system of strategically placed antenna locations (or
nodes) to provide WSPs with pinpoint coverage
What are the specifications including color of the
proposed units?
The pole and equipment specifications will be supplied to the Town.
The equipment can be painted to match the pole or dominant
background color
We Are Solutions
Please explain the use of the facilities by different
carriers?
DAS is a neutral-host network that can transport each WSPs
technology and services
What is involved if a new carrier wishes to be
represented on the DAS?
The new carrier can be represented (transmit) their services over DAS
once an agreement is signed with CC
We Are Solutions
Do modifications need to be made to each node or only to
the central hub?
CC may install a new or replacement antenna(s) and CC will add a radio for
each WSP that joins the DAS system. The hub (shelter) is designed to
accommodate each WSPs equipment
How do the antennas function including effective distance
and direction of signal?
The antennas are manually positioned to cover specific areas. The
distance varies depending on typography, network usage and
obstructions (buildings/trees) and the signal can reach anywhere
from 114 up to 112 mile
We Are Solutions
Please explain the use of the facilities by different
carriers?
As a neutral-host transport system DAS is designed for the co-location of
the different carriers.
What is involved if a new carrier wishes to be
represented on the DAS?
CC may need to replace or add an antenna when a new carrier(s) wants to
join the DAS. The number, type and size of antennas and equipment
configurations will be arranged in advance by CC with the Town of Vail, so
that the new carrier conjoin the DAS without any unnecessary delay
We Are Solutions ' •
What is the expected life span of the facilities?
How will the facilities evolve and adapt to new
technology or uses?
While equipment and antennas have a physical life span, DAS is a fiber-
optic, neutral-host transport system that can transmit the current 3G,
4G/LTE technologies of today and the next generation of wireless services
and technologies that carriers want to provide to their customers
Are there plans for the removal of the facilities when
they are obsolete?
Any agreement between CC and the Town of Vail will include a
clause for removal node(s) and restoration of the improved
location(s)
We Are Solutions ' •
Does Crown Castle allow other uses such as banners,
charging stations etc. on its poles?
CC has designed DAS nodes to accommodate other uses such as cameras,
lights and banners on its poles
Could fewer locations be used if the poles and/or
building mounts were higher?
As one of the country's largest independent owners and operators of
shared wireless infrastructure, including towers, rooftops and DAS, CC's
DAS is inherently designed with the fewest locations necessary to meet the
WSPs service objectives. The heights of poles and building mounts at
existing facilities are analyzed as part of the overall number of nodes
needed to meet the carriers customer service goals at 35'-0"
We Are Solutions I/1 '.•
Are there advantages to systems consisting of solely
pole or building mounted facilities?
There are advantages and disadvantages to pole and building mounted
facilities
Could a proposed pole mount be used in conjunction
with a light pole if it was of sufficient height?
Yes. CC has more than 10,000 nodes in the U.S. and many simultaneously
support street light, traffic signal and DAS operations
We Are Solutions
On the CC website items such as street signs have
been utilized as a node locations. Please explain the
limitations of varied location heights? Are lower
heights in certain areas an option to address
challenging circumstances?
Street sign poles, unlike street light poles, are lower in height and smaller
in diameter. The physical dimensions of a typical street sign pole prohibits
co-location and restricts the coverage and type of service that a carrier can
offer. As an owner and operator of shared wireless infrastructure, CC will
analyze lower pole heights as well as other shared infrastructure solutions
in certain areas to address challenging circumstances
We Are Solutions �/1 '.•
What other communities have installed similar DAS
systems?
CC currently has over 10,000 DAS indoor and
outdoor nodes in operation or under
construction at venues, universities,
residential developments, municipalities
including Scottsdale, Arizona, Cherry Hills
Village, Laguna Hills, CA, Colorado Springs
CO
We Are Solutions
Can building mounted units be painted or screened?
What are the limitations on screening to functionality?
Could you provide examples of successful screening?
Building mounted and
pole mounted units
can be painted and
screened. The type or
location of screening
may limit co-location
and/or expansion of
building mounted units
We Are Solutions " •
The Town of Vail is interested in potentially crafting a
regulatory framework that recognizes operators of public
utilities. What entity will be the owner and operator of the
DAS system? Does the entity have a certificate of
Operating Authority with the PUC of the State?
Newpath Networks, LLC, is a subsidiary of Crown Castle and is a
registered Colorado Public Utility Company.
We Are Solutions
Are there any recognized health implications associated
with DAS?
No. Due to the nature of the design of DAS nodes, the public exposure
to radio wave energy from the DAS antennae is very low, typically less
than 1% of the public safety standard.
We Are Solutions
.
Vail DAS Q&A — Tanya Friese
Tanya Friese - Crown Castle
1100 Dexter Avenue, N., Ste. 250
Seattle, WA 98109
Tanya.friese@crowncastle.com
(602) 677-0957
We Are Solutions',
CCAL OWN
TL