Application: 42 Sugarloaf Place

Application
A referral has been received by the City of St. John’s from Rogers Communications Inc. requesting concurrence to construct a telecommunications tower located at 42 Sugarloaf Place.

Description
In accordance with the obligations under the Radiocommunication Act and Innovation, Science and Economic Development Canada’s Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03 (Issue 6), the City of St. John’s hereby notifies residents in the vicinity of 42 Sugarloaf Place of Rogers Communications Inc. intention to construct a telecommunications tower system consisting of:

A 65-meter self-support design tower with supporting antennas and radio equipment
A 3.05m x 3.88m equipment shelter to be located at the base of the tower
A security fence around the base of the tower and equipment shelters with a locked gate

Comment By
9:30 a.m. Tuesday, February 14, 2023.

Comments
Provide your comments to the Office of the City Clerk including your name and address to cityclerk@stjohns.ca or P.O. Box 908, St. John’s, NL, A1C 5M2.

Comments received become a matter of public record and are included in the Council agenda for the date a decision on the application will be made. Any identifying information (including your name) will be removed prior to your comment being released publicly. If you are writing on behalf of a group, organization, business, etc., and wish to remain anonymous, you must indicate as such with your submission.

Collection of personal information is authorized under the Access to Information and Protection of Privacy Act, 2015 and is needed to consider your comments on this application. Questions about the collection and use of your information may be directed to the City Clerk at 709-576-8202 or cityclerk@stjohns.ca.

Council Decision Date
February 20, 2023.

Additional Information
Notices are sent to property owners within 150 metres of the application site. For more information call 709-576-6192 or email planning@stjohns.ca.

PUBLIC CONSULTATION

PUBLIC NOTIFICATION

Proposed Wireless Telecommunications Installation

42 Sugarloaf Place, St. John’s, NL A1A 5V5

Rogers Site: A1284 - Outer Ring Hwy. @ Logy Bay Rd

[MK1] January 14, 2023

1. Introduction

Rogers is proposing to build a new wireless communications installation on a parcel of land situated at the back of the property of 42 Sugarloaf Place, City of St. John’s, NL (the “Proposed Installation”) to fill significant wireless coverage gaps in your area and to meet the rising demand for wireless services.

Based on recent feedback we have received from customers, as well as data we have collected on call quality in the area, it was determined that there are wireless coverage deficiencies in the areas surrounding East White Hills Road, Logy Bay Road and the Outer Ring Highway.

This Proposed Installation is the subject of this public consultation. Furthermore, this notification package sets out important details about the Proposed Installation and invites the public to submit their written comments and concerns by February 14^th, 2023.

2. Site selection

To enable both indoor and outdoor voice and video calls as well as downloads of the highest quality, it is necessary to install telecommunication infrastructures close to users. This proximity is paramount to establishing clear, reliable and fast connections.
In fact, the closer the antennas are to the users, the higher the quality of the signal, thus improving the customer’s experience.

Following an evaluation of the search area, we identified the proposed location, in a commercial-industrial sector of the city, as the best candidate to meet the desired cellular coverage goals and the city’s requirements. This location will provide connectivity in your area, which currently experiences lower than average service levels and cannot be served by existing telecommunication sites as they are located too far away or are overloaded.

Furthermore, Rogers accepts to receive any co-location and tower sharing requests made by other licensed carriers. Rogers could, to the extent where the equipment installed by any third-party carrier does not create any interference or technical constraint with its equipment, agree to share the proposed site.

3. Description of Proposed Installation

The location of the Proposed Installation is described below:

Municipal address: 42 Sugarloaf Place, City of St. John’s, NL A1A 5V5

Geographic coordinates: Lat. N 47°36’53.29” Long. W -52.40’42.72”

Zoning: Property designated as Commercial Office (CO), as referenced in the City of St. John’s Zoning Plan. A telecommunications tower may be authorized at the proposed site by submitting a Discretionary Use application under the Siting Protocol for Wireless Facilities in the City of St. John’s. Rogers is currently working with the City to obtain the necessary approvals.

Location on the lot: More precisely, the site is located on the north-east corner of the proposed lot, approximately 250 metres NW of Sugarloaf Place and approximately 330 metres from the intersection of Sugarloaf Place and Sugarloaf Road in St. John’s.

Land usage: The property is currently vacant/raw land.

Please review the following annexes for additional information:

Annex 1: Location map of the proposed project

Annex 2: Site plan of the proposed project

4. Description of Proposed Antenna System

The Proposed Installation is composed of a 65-metre self-support telecommunications tower, including the antennas, a lightning rod, and an obstruction light. The base of the proposed tower will measure 10 metres. The base of the tower and equipment shelter will be surrounded by a security fence with a locked gate access point.

Rogers will install six (6) LTE (4G/5G) antennas measuring approximately 2.4 m x 50 cm x 20 cm, twelve (12) radio units measuring approximately 55 cm x 40 cm x 20 cm and three (3) 5G AIR antennas measuring approximately 80 cm x 40 cm x 24 cm as close as possible to the top of the proposed tower. Please note that the height of the antennas may vary slightly but the overall scale will be respected.

Please review the following annexes for additional information:

Annex 3: Visual simulations of the proposed project

5. Innovation, Science and Economic Development Canada’s Regulatory Framework

(a) Innovation, Science and Economic Development Canada’s role

The telecommunications industry is exclusively regulated under the Federal Radio-

Communication Act and administered by Innovation, Science and Economic

Development Canada (what used to be called Industry Canada).

While the City of St. John’s has a significant role to play in the approval of a tower or antenna installation, the ultimate decision to approve a tower or antenna systems lies with Innovation, Science and Economic Development Canada.

Because wireless services are federally regulated, Innovation, Science and Economic Development Canada has established a clear set of rules that wireless carriers must follow when looking to install or modify a tower or antenna system (Client Procedures Circulars - CPC 2-0-03, Radiocommunication and Broadcasting Antenna Systems).

(b) Evaluation of existing structures

According to Federal regulation, Rogers must evaluate the feasibility of installing its equipment on exiting towers or rooftops that are located within the search area.  In this case, there are no towers within the search area and the rooftops do not meet the height requirement that would enable Rogers to meet the proposed project’s coverage objectives.

(c) Consultation with the City of St. John’s

As part of article 4.1, under Innovation, Science and Economic Development Canada’s CPC-2-0-03 - Radiocommunication and Broadcasting Antenna Systems, Rogers must consult with representatives of the City of St. John’s, as the Land-Use Authority, and refer to their applicable local land-use requirements and any preferences it may have for tower-siting and/or design. The City’s concerns, preferences (commercial areas) and suggestions were considered when planning the new antenna system.

6. Public Consultation

Through the City’s Siting Protocol for Wireless Facilities in the City of St. John’s, the city will facilitate the public consultation component, review the proposal through the Municipal process and submit recommendations to the local Council, which becomes the municipal body responsible for providing comment on the proposal to Innovation, Science and Economic Development Canada.

In accordance with the City’s policy on public notification, properties within a minimum radius of 150 metres of the application site are notified in writing by the City of this application. A public notice will be published in The Telegram newspaper. Notices are sent to property owners and not tenants. If you own but do not live at the property identified to receive this notice, we ask that you forward this notice to any tenants which you may have. Property ownership information is based on the City’s assessment roll.

Copies of this Notification Package will be provided to the City of St. John’s and to the local office of Innovation, Science and Economic Development Canada. Citizens will be invited to provide feedback within 30 days of receipt of the public notification document. We will acknowledge receipt of any communications we receive from a member of the public within 14 days, and then provide a formal response within 60 days. After that, the public commentator will have a further 21 days to provide a reply.

After the public consultation process has been completed and we have addressed and resolved all reasonable and relevant concerns (and the public has not provided further comment within the 21 days), we will forward, to the City of St. John’s and to the local office of Innovation, Science and Economic Development Canada a letter stating that we have met our consultation requirements.

7. Other Regulatory Requirements

(a) Health Canada’s Safety Code 6

Rogers attests that the radio antenna system for the Proposed Installation will be installed and operated on an ongoing basis to comply with Health Canada’s Safety Code 6 limits as it may be amended from time to time, for the protection of the general public, including any combined effects of additional carrier co-locations and nearby installations within the local radio environment.

(b) Environmental assessment - Impact Assessment Act (IAA)

Rogers attests that the Proposed Installation is not located within federal lands nor is it incidental to, or form part of, projects that are designated under the Regulations Designating Physical Activities or by the Minister of the Environment as requiring an environmental assessment. Therefore, in accordance with the Impact Assessment Act (S.C. 2019, c. 28, s. 1), Rogers confirms that the Proposed Installation is excluded from environmental assessment.

(c) Aeronautical obstruction marking requirements and land use specifications

Rogers has received specifications from Transport Canada regarding aviation obstruction marking and lighting or clearance and they’ve confirmed that the proposed tower will not require lighting or day marking (painting). To date, we have not received NAV Canada’s response to land-use specifications for the proposed project.

Rogers attests that the Proposed Installation will be installed and operated on an ongoing basis in compliance with existing and future Transport Canada aeronautical obstruction markings requirements, pursuant to the Canadian Aviation Regulations Standard 621 - Obstruction Markings and Lighting. Furthermore, Rogers will respect all NAV Canada land use specifications.

For additional detailed information, please consult Transport Canada at:

https://tc.canada.ca/en/corporate-services/acts-regulations/list-regulations/canadian-aviation-regulations-sor-96-433/standards/standard-621-obstruction-marking-lighting-canadian-aviation-regulations-cars

NAV CANADA Land Use Program

(d) Respect of engineering ethics and code of practice

Rogers attests that the radio antenna system for the Proposed Installation will be constructed in compliance with the National Building Code and the Canadian Standard Association, and will respect good engineering practices, including structural adequacy.

8. Innovation, Science and Economic Development Canada’s Spectrum Management

The telecommunications industry is regulated by the Federal government, according to section 5 of the Radiocommunication Act. Hence, Rogers is obligated to follow the process outlined by Innovation, Science and Economic Development Canada when placing antenna systems thus enabling the Land-Use Authority of the municipality to be aware of the proposed project.

Finally, it is important to mention that the activities undertaken by Rogers are under the jurisdiction of the laws of the Parliament of Canada, which holds exclusive jurisdiction in regard to telecommunications matters.

Information concerning antennas systems can be found on the Spectrum Management and Telecommunications web site of Innovation, Science and Economic Development Canada at http://www.ic.gc.ca/towers.

To reach Innovation, Science and Economic Development Canada’s local office:

Innovation, Science and Economic Development Canada

John Cabot Building

10 Barter's Hill, 10th floor

St. John's NL A1C 6M1

Telephone: 709-772-4890

Email: ic.spectrumnld-spectredtl.ic@canada.ca

Site Reference: A1284 - Outer Ring Hwy. @ Logy Bay Rd