, TO: FROM: DATE: RE: \A spRUCE LAW Cheryl L. Gaston, Esq. Direct: (267) 217-6102 Fax: (267) 507-1770 ‘ucel aw.com MEMORANDUM Philadelphia Department of Licenses and Inspections Municipal Services Building — Concourse Level 1401 John F. Kennedy Boulevard Philadelphia, PA 19102 Honorable Julia Chapman Chairperson, Zoning Board of Adjustment 1515 Arch Street — 13” Floor Philadelphia PA 19102 Cheryl L. Gaston, Esquire November 12, 2013 532 W. Annsbury Street — Proposed Monopole Tower Shot Clock Letter Deer Chairperson Chapman and Members of the Zoning Board of Agjustment: SHOT CLOCK FOR NEW COLLOCATIONS AND/OR EQUIPMENT UPGRADES THAT ARE NOT COVERED BY SECTION 6409 (90 days)- SHOT CLOCK — DECISION MUST BE MADE WITHIN 90 DAYS Please note an important development in telecommunications law. The Feder Telecommunications Act of 1996 (the “TCA") requires that municipalities must act on any request to place, construct, or modify persond wireless service facilities “within a reasonable Period of time . . . taking into account the nature and scope of such request.” Pursuant to the ‘Spruce Law Group, LLC | 1622 Spruce Street | Philasiphia, PA 19103 | 257 217.6100 | ww sprsoeawvcom 000788FCC’s Declaratory Ruling WT Docket No. 08-165 adopted November 18, 2009 (the “ Shot Clock Order"), the FCC established certain presumptively “reasonable times’ beyond which inaction on a Siting application constitutes “a failure to act” under the TCA. With respect to this Application, the “reasonable time” under the Shot Clock Order is 90 days. The Supreme Court Tevently upheld the applicability of the Shot Clock Order to municipalities in City of Arlington v. Federal Communications Commission (decided May 20, 2013). Thus, municipalities must tace action on wireless siting applications within Shot Clock Order time frames. Note that the Shot Clock Order allows the 90 day period to be tolled in the event an application is incomplete, but the municipality must request additional information within the first 30 days after the application has been filed. If a municipality requests additional information after the first 30 days have passed, AT&T will still provide any information reasonably requested, but the 90 day period will not be tolled. Very truly yours, SPRUCE LAW GROUP, LLC Ct pa BY: CHERYL L. GASTON, ESQ. ‘Spruce Law Group, LLC | 1622 Spruce Street | Phitadsiphia, PA 19103 | 257 217.6100 | wuwsprucekawcom 000789