Noble Energy, Inc. MX3501-N Communication Tower. FAA and FCC Data

Transcription

1 Noble Energy, Inc. MX3501-N Communication Tower FAA and FCC Data Submitted to: Garfield County Building & Planning Department OA Project No January 10, 2012

2

3 Notice Criteria Tool Page 1 of 2 12/15/2011 «OE/AAA Notice Criteria Tool The requirements for filing with the Federal Aviation Administration for proposed structures vary based on a number of factors: height, proximity to an airport, location, and frequencies emitted from the structure, etc. For more details, please reference CFR Title 14 Part You must file with the FAA at least 45 days prior to construction if: your structure will exceed 200ft above ground level your structure will be in proximity to an airport and will exceed the slope ratio your structure involves construction of a traverseway (i.e. highway, railroad, waterway etc...) your structure will emit frequencies, and does not meet the conditions of the FAA Co-location Policy your structure will be in an instrument approach area and might exceed part 77 Subpart C your structure will be on an airport or heliport If you require additional information regarding the filing requirements for your structure, please identify and contact the appropriate FAA representative using the Air Traffic Areas of Responsibility map for Off Airport construction, or contact the FAA Airports Region / District Office for On Airport construction. The tool below will assist in applying Part 77 Notice Criteria. Latitude: Longitude: Horizontal Datum: 39 Deg 27 M 19.6 S N 108 Deg 2 M 7.9 S W NAD83 Site Elevation (SE): 5197 (nearest foot) Structure Height (AGL): 69 (nearest foot) Traverseway: Is structure on airport: No Traverseway (Additional height is added to certain structures under 77.9(c)) No Yes Results You do not exceed Notice Criteria. FAA-1

4 Notice Criteria Tool Page 2 of 2 12/15/2011 FAA-2

5 TOWAIR Search Results Page 1 of 2 12/6/2011 FCC Home Search Updates E-Filing Initiatives For Consumers Find People Antenna Structure Registration FCC > WTB > ASR > Online Systems > TOWAIR FCC Site Map TOWAIR Determination Results New Search Printable Page *** NOTICE *** TOWAIR's findings are not definitive or binding, and we cannot guarantee that the data in TOWAIR are fully current and accurate. In some instances, TOWAIR may yield results that differ from application of the criteria set out in 47 C.F.R. Section 17.7 and 14 C.F.R. Section A positive finding by TOWAIR recommending notification should be given considerable weight. On the other hand, a finding by TOWAIR recommending either for or against notification is not conclusive. It is the responsibility of each ASR participant to exercise due diligence to determine if it must coordinate its structure with the FAA. TOWAIR is only one tool designed to assist ASR participants in exercising this due diligence, and further investigation may be necessary to determine if FAA coordination is appropriate. DETERMINATION Results Structure does not require registration. There are no airports within 8 kilometers (5 miles) of the coordinates you provided. Your Specifications NAD83 Coordinates Latitude north Longitude west Measurements (Meters) Overall Structure Height (AGL) 21 Support Structure Height (AGL) 0 Site Elevation (AMSL) 1584 Structure Type TOWER - Free standing or Guyed Structure used for Communications Purposes Tower Construction Notifications Notify Tribes and Historic Preservation Officers of your plans to build a tower. ASR Help ASR Online Systems About ASR ASR License Glossary - FAQ - Online Help - Documentation - Technical Support TOWAIR- CORES - ASR Online Filing - Application Search - Registration Search Privacy Statement - About ASR - ASR Home FAA-3

6 The Federal Communications Commission (FCC) requires owners to register certain antenna structures (generally those more than meters (200 feet) in height or located near an airport) with the Commission. The proposed facility does not require FCC registration. The proposed communication facility does not require completion of Form , Notice of Proposed Construction or Alteration. Title 14: Aeronautics and Space PART 77-0BJECTS AFFECTING NAVIGABLE AIRSPACE Subpart B-Notice of Construction or Alteration Browse Previous I Browse Next Construction or alteration requiring notice. (a) Except as provided in 77.15, each sponsor who proposes any of the following construction or alteration shall notify the Administrator in the form and manner prescribed in 77.17: (1) Any construction or alteration of more than 200 feet in height above the ground level at its site. (2) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes: (i) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airpott specified in paragraph (a)(s) of this section with at least one runway more than 3,200 feet in actual length, excluding heliporls. (ii) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airporl specified in paragraph (a)(s) of this section with its longest runway no more than 3,200 feet in actual length, excluding heliporls. (iii) 25 to 1 for a horizontal distance of 5, 000 feet from the nearest point of the nearest landing and takeoff area of each heliporl specified in paragraph (a)(s) of this section. (3) Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile obj ect that would normally traverse it, would exceed a standard of paragraph (a) (1) or (2) of this section. (4) When requested by the FAA, any construction or alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed a standard of subpart C of this part. (5) Any construction or alteration on any of the following airporls (including heliporls): (i) An airport that is available for public use and is listed in the Airporl Directory of the current Airman's Information Manual or in either the Alaska or Pacific Airman's Guide and Chari Supplement. (ii) An airport under construction, that is the subject of a notice or proposal on file with the Federal Aviation Administration, and, except for military airporls, it is clearly indicated that that airporl will be available for public use. FAA-4

7 (iii) An airport that is operated by an anned force of the United States. (b) Each sponsor who proposes construction or alteration that is the subject of a notice under paragraph (a) of this section and is advised by an FAA regional office that a supplemental notice is required shall submit that notice on a prescribed fonn to be received by the FAA regional office at least 48 hours before the start of the construction or alteration. (c) Each sponsor who undertakes construction or alteration that is the subject of a notice under paragraph (a) of this section shall, within 5 days after that construction or alteration reaches its greatest height, submit a supplemental notice on a prescribed fonn to the FAA regional office having jurisdiction over the region involved, if- (1) The construction or alteration is more than 200 feet above the surface level of its site; or (2) An FAA regional office advises him that submission of the fonn is required. [Doc. No. 8276, 33 FR 5256, Apr. 2, 1968, as amended by Arndt. 77-9, 36 FR 5970, Apr. 1, 1971; Arndt , 37 FR 4705, Mar. 4, 1972] FAA-5

8 FAA-6

9 April 17, 2012 Noble Energy Mike Markus Olsson Associates RE: FAA Aeronautical Study and Telecommunications Act of 1996 Noble Energy MX 3501-N CommunicationsTower Dear Mr. Markus, The following is our response to your request of understanding as to why we [Twin Eagle Consulting] did not request a Federal Aviation Administration (FAA) Aeronautical Study. In addition you asked for clarification with any association between the Noble Energy microwave system and the Telecommunications Act of I trust that this will satisfy your questions and any questions that might arise from Garfield County. The location in question is the microwave tower upgrade at the MX 3501-N location. The coordinates for this location is N / W with a proposed tower elevation of sixty-nine (69) feet. When building communications facilities, we take into consideration any local aviation facilities. A common tool used is the TOWAIR application available on the Federal Communications Commission (FCC). This application utilizes the coordinate information of the proposed tower location, tower height and any local aviation facilities. The primary criteria used within TOWAIR is derived from CFR 47 (Telecommunications) part Antenna structures requiring notification to the FAA. A notification to the Federal Aviation Administration is required, except as set forth in 17.14, for any of the following construction or alteration: (a) Any construction or alteration of more than meters (200 feet) in height above ground level at its site. (b) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes: (1) 100 to 1 for a horizontal distance of 6.10 kilometers (20,000 feet) from the nearest point of the nearest runway of each airport specified in paragraph (d) of this section with at least one runway more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports. (2) 50 to 1 for a horizontal distance of 3.05 kilometers (10,000 feet) from the nearest point of the nearest runway of each airport specified in paragraph (d) of this section with its longest runway no more than 0.98 kilometers (3,200 feet) in actual length, excluding heliports. (3) 25 to 1 for a horizontal distance of 1.52 kilometers (5,000 feet) from the nearest point of the nearest landing and takeoff area of each heliport specified in paragraph (d) of this section. (c) When requested by the FAA, any construction or alteration that would be in an instrument approach area (defined in the FAA standards governing instrument approach procedures) and available information indicates it might exceed an obstruction standard of the FAA. (d) Any construction or alteration on any of the following airports (including heliports): (1) An airport that is available for public use and is listed in the Airport Directory of the current Airman s Information Manual or in either the Alaska or Pacific Airman s Guide and Chart Supplement. Twin Eagle Consulting, LLC 7300 South Alton Way, Suite 5A Centennial, Colorado twineagleconsulting.com FAA-7

10 (2) An airport under construction, that is the subject of a notice or proposal on file with the Federal Aviation Administration, and except for military airports, it is clearly indicated that the airport will be available for public use. (3) An airport that is operated by an armed force of the United States. NOTE: Consideration to aeronautical facilities not in existence at the time of the filing of the application for radio facilities will be given only when proposed airport construction or improvement plans are on file with the Federal Aviation Administration as of the filing date of the application for such radio facilities. [39 FR 7581, Feb. 27, 1974, as amended at 39 FR 26157, July 17, 1974; 42 FR 54823, Oct. 11, 1977; 42 FR 57127, Nov. 1, 1977] The local aviation facility to the MX 3501-N location is the Garfield County Regional Airport (RIL) located approximately three (3) miles East of Rifle Colorado. The general facility coordinates are N ' / W ' having one (1) runway with a heading of 078 Magnetic (088 True) and 258 Magnetic (268 True). Coordinates for the west edge of the runway is N39 31'34.75" / W107 44'27.81". Using the proposed coordinates of the MX 3501-N facility and the end of the RIL runway a calculated distance between facilities is approximately 16.5 miles (~86,870 feet). The aforementioned parameters specified by the FCC and the parameters of the tower design, the following points justify the rationale for not submitting an FAA Aeronautical Study. - Tower above ground elevation (AGL) is below two-hundred (200) feet - Tower location is greater than 20,000 feet from the aviation facility negating the slope requirement of the tower AGL exceeding a slope parameter of 100:1 - Tower location is greater than 10,000 feet from the aviation facility negating the slope requirement of the tower AGL exceeding a slope parameter of 50:1 - Tower location is greater than 5,000 feet from the aviation facility negating the slope requirement of the tower AGL exceeding a slope parameter of 25:1 Looking further into Federal Aviation Administration (FAA) rulings, the aforementioned points are also satisfied per the regulations specified by the FAA Construction or alteration requiring notice. (a) Except as provided in 77.15, each sponsor who proposes any of the following construction or alteration shall notify the Administrator in the form and manner prescribed in 77.17: (1) Any construction or alteration of more than 200 feet in height above the ground level at its site. (2) Any construction or alteration of greater height than an imaginary surface extending outward and upward at one of the following slopes: (i) 100 to 1 for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of each airport specified in paragraph (a)(5) of this section with at least one runway more than 3,200 feet in actual length, excluding heliports. (ii) 50 to 1 for a horizontal distance of 10,000 feet from the nearest point of the nearest runway of each airport specified in paragraph (a)(5) of this section with its longest runway no more than 3,200 feet in actual length, excluding heliports. (iii) 25 to 1 for a horizontal distance of 5,000 feet from the nearest point of the nearest landing and takeoff area of each heliport specified in paragraph (a)(5) of this section. FAA Aeronautical Study and Telecommunications Act of 1996 Noble Energy MZX 3501-N 2 April 17, 2012 FAA-8

11 77.23 Standards for determining obstructions. (a) An existing object, including a mobile object, is, and a future object would be, an obstruction to air navigation if it is of greater height than any of the following heights or surfaces: (1) A height of 500 feet above ground level at the site of the object. (2) A height that is 200 feet above ground level or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport, excluding heliports, with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile of distance from the airport up to a maximum of 500 feet. Going another step further, we are taking into consideration other options as related to potential aviation traffic. The azimuth from the end of the RIL runway to the tower location is 253 while the primary East/West azimuth on the RIL runway is 268. The delta between azimuth values is approximately 15. Regional aeronautical sectional charts indicate that the desired azimuth to be used for Instrument Flight Rules (IFR) for both runway approaches is 231 and 054 providing a delta of 22 for an Easterly IFR approach. From this it is assumed that primary aviation flight traffic would most likely not occur in or around the proposed tower installation on MX 3501-N. Based upon the prior points of fact as well as the FAA and FCC rules and regulations, it is our opinion that the proposed tower location on MX 3501-N does not require an FAA aeronautical study. If so desired, a request can be submitted to the FAA with the understanding that results from the aeronautical study will take a time frame greater than eight weeks. The Telecommunications Act of 1996 was brought into law with the intent allowing anyone to enter into the communications business as well as allow the same to compete in any market against other communications businesses. This was amended to the Communications Act of 1934 of which originally created the Federal Communications Commission to implement and administer the economic regulation of the interstate activities of the telephone monopolies and the licensing of spectrum used for broadcast and other purposes. Within the Act, the following definitions are stated: (49) TELECOMMUNICATIONS CARRIER- The term `telecommunications carrier' means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services (as defined in section 226). A telecommunications carrier shall be treated as a common carrier under this Act only to the extent that it is engaged in providing telecommunications services, except that the Commission shall determine whether the provision of fixed and mobile satellite service shall be treated as common carriage. (51) TELECOMMUNICATIONS SERVICE- The term `telecommunications service' means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.' The microwave communications system built by Noble Energy does not satisfy either of the two prior definitions in that Noble Energy is not providing a means of telecommunications services as either a carrier for other entity public or private. The system is one-hundred percent private designed to support only the telecommunications traffic specified and destined for Noble Energy and its subsidiaries if so FAA Aeronautical Study and Telecommunications Act of 1996 Noble Energy MZX 3501-N 3 April 17, 2012 FAA-9

12 required. As specified in the following, Noble Energy does not satisfy the general duties of a telecommunications carrier. PART II--DEVELOPMENT OF COMPETITIVE MARKETS SEC INTERCONNECTION. `(a) GENERAL DUTY OF TELECOMMUNICATIONS CARRIERS- Each telecommunications carrier has the duty-- `(1) to interconnect directly or indirectly with the facilities and equipment of other telecommunications carriers; and `(2) not to install network features, functions, or capabilities that do not comply with the guidelines and standards established pursuant to section 255 or 256. `(b) OBLIGATIONS OF ALL LOCAL EXCHANGE CARRIERS- Each local exchange carrier has the following duties: `(1) RESALE- The duty not to prohibit, and not to impose unreasonable or discriminatory conditions or limitations on, the resale of its telecommunications services. `(2) NUMBER PORTABILITY- The duty to provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the Commission. `(3) DIALING PARITY- The duty to provide dialing parity to competing providers of telephone exchange service and telephone toll service, and the duty to permit all such providers to have nondiscriminatory access to telephone numbers, operator services, directory assistance, and directory listing, with no unreasonable dialing delays. `(4) ACCESS TO RIGHTS-OF-WAY- The duty to afford access to the poles, ducts, conduits, and rights-of-way of such carrier to competing providers of telecommunications services on rates, terms, and conditions that are consistent with section 224. `(5) RECIPROCAL COMPENSATION- The duty to establish reciprocal compensation arrangements for the transport and termination of telecommunications. It is our stance that Noble Energy is not in the business to resell or sell telecommunications services and or exchange telecommunications services between Noble Energy and other entities. Noble Energy is not in competition with any other carrier in that the traffic on the Noble Energy telecommunications network is proprietary and private associated only to the operations and core business of Noble Energy. Twin Eagle Consulting has been in business for well over ten years and is comprised of well over onehundred years of combined telecommunications experience. We take a great deal of pride in the quality of work and our ability to engineer solid solutions based upon our years of experience and best practice for the industry. Regards, Curt Oliver Senior Systems Engineer Twin Eagle Consulting, LLC FAA Aeronautical Study and Telecommunications Act of 1996 Noble Energy MZX 3501-N 4 April 17, 2012 FAA-10