TELECOMMUNICATIONS PLANNING GUIDELINES FOR CELLULAR TOWERS

LEGAL AUTHORITY These guidelines are designed in accordance with The Telecommunications Act (2006), the Physical Planning Act (2004), the Virgin Islands Building Regulations (1999) and the Virgin Islands Building Ordinance (CAP 235). AIM The aim of this document is to establish a uniform and comprehensive set of standards and assessment criteria to assist in the control, development and installation of cellular telecommunications base towers in the BVI. It is intended to protect the social and physical environment from potential negative impacts, while at the same time not restricting the development of essential telecommunications infrastructure The underlying objectives are to: 1. Balance the deployment needs of telecommunications providers with the protection of the environment for public welfare 2. Provide a consistent and coherent policy for the design and establishment of sites for base stations that can be utilized in the development planning and development control functions of the Planning Authority 3. Maintain a consistent approach in the preparation, assessment and decision making process on applications that require planning approval for telecommunications infrastructure 4. Assist the community in understanding the issues involved in the location, aesthetics and installation of telecommunications infrastructure and provide opportunities for community input in the decision making process 5. Minimize disturbance to the environment and loss of amenity in the provision of telecommunications infrastructure 6. Ensure compliance with all local government regulations and health and safety standards in the erection of telecommunications infrastructure. SCOPE This document is for the use of the Planning Authority, members of the public and cellular telecommunication infrastructure providers seeking approval for the erection or modification of cellular telecommunications infrastructure PLANNING POLICY 1. All development applications are subject to development permission and require expressed planning permission. Applications shall be referred to the Planning Authority through the Town and Country Planning Department (TCPD) in accordance with the Physical Planning Act (PPA). 2004 2. All development applications require building permission under Building Ordinance, Cap 235 and the Building Regulations, 1999

3. All applications must have technical specifications complying with International Commission on Non Ionizing Radiation Protection (ICNIRP) public exposure guidelines. These guidelines have been adopted by the TRC. The acceptable level will be made known to the providers and the public. 4. The Planning Authority (PA) shall assess all applications in accordance with the Physical Planning Act 2004 and other material provided for consideration, such as views expressed by the public and the significance of the proposed development as part of a national network. 5. The Planning Authority shall recognize the rights and obligations of the operators. Information concerning the rights and obligations of the operators can be found in the Telecommunications Act 2006 and Licenses issued. 6. Companies who constructed towers prior to 2008 will be provided with a time frame of 2yrs for compliance with guidelines and will be required to provide copies of present infrastructure plans to the Planning Authority and include details such as information on the towers e.g. location, size etc. similar to whats required of a new development SITING AND DESIGN First and foremost consideration must be given when siting base stations and transmission masts/towers. This is especially true around educational institutions, health facilities, residential areas and all other critical facilities. While data on the long term health effects on human in their daily interaction with such infrastructure remains inconclusive there is no reason not to be proactive in discouraging the siting of equipment within 50ft or the height of the tower, which ever is greater, to these areas. Consideration should be given as to whether sites should be developed in residential versus industrial and commercial areas 1. The operator should provide an application for each site indicating its location, site plan and proximity to existing structures, the type of mast, and the height of the antenna, the frequency and modulation characteristics, and details of power output. Applications should be accompanied by information relating to proper access to the Base station including driveways on property and right of ways. This information is useful as a Geographic Information System (GIS) database is being developed. 2. The land parcel should be large enough for the cell tower and meet the required setback from property lines for industrial buildings which is 50ft as set out in Sec. 31 Building Regulations Hazardous Occupancy. If plot sizes are too small then alternative arrangements should be explored such as insurance coverage agreements in place with adjacent landholders where there are inadequate setbacks, or signed agreement with the landowners not to develop closer to the exclusion zones boundaries than the distances established for the correct setbacks. Where the size and setbacks proposed does not meet the required standard a written explanation with support documents should be submitted along with the application for consideration.

3. The use of roof mount structures and monopoles versus the use of Lattice or Guyed structures will be considered more favorably in applications within technical constraints especially in populated areas. Consideration should also be given to a limit on the height of rooftop structures to 20ft. 4. The site should be designed and efforts made to blend site structures to existing architecture and the surrounding environment. Providers should ensure the use of materials, colors and design that would minimize obtrusiveness. In developed urbanized areas the preference should be for towers to be located on existing buildings or towers rather than creating new installations/sites. 5. Any change to an existing site which increases its tower height and base size shall be subject to the normal planning process as if it were a new development. 6. Proposed equipment and site technical specifications should be in compliance with ICNIRP standards. Any change to an existing site which increases the power output from the site shall be subject to the review of the Planning Authority as this can have implications in meeting ICNIRP exposure guidelines. 7. Applications which will have a visual impact on historical, national parks, conservation sites and, tourist sites will not be encouraged 8. The operators as a part of the design of the development shall be encouraged in the use of hedges to reduce visibility of the fencing, use of grass and gravel surfaces to ensure clean, well kept sites CONSULTATION 1. Where necessary pre-application discussions and inspections should be carried out between the operators and administrators of critical facilities, residential groups, the Planning Authority, the Building Authority, the Telecommunications Regulatory Authority and any other relevant body. These will take place based strictly on the Building Regulations, Planning Guidelines and not personal and public perception. 2. The Ministry of Health and Social Development will address any issues relating to public health and safety. While findings from WHO, FCC and other international bodies are not conclusive, the general consensus is that when determining public exposure guidelines due diligence should be taken until more detailed and scientifically robust information becomes available. The ICNIRP levels adopted by the TRC will be the reference used for any evaluation. 3. Independent random audits shall be carried out by the Telecommunications Regulatory Commission to ensure conformity to ICNIRP guidelines. Schools, daycares, health facilities and other sensitive sites and critical facilities shall be audited more frequently and published. SECURITY AND SAFETY 1. The towers/masts are an attraction for lightning discharge and an area on ground is required to ensure proper electrical energy discharge.

2. Depending on their locations the towers may pose a danger to aircrafts. All towers to be located within the protected 5 mile area of BVI airports, helipads and flight paths for low flying aircraft will require Civil Aviation Authority oversight. Towers outside this zone that will extend 100ft into the air above sea level will also require Civil Aviation Authority consultation for painting and lighting requirements where approved. 3. Safety zones should be determined based on setback requirements from surrounding property lines as concerns exist in respect to the possibility of towers collapsing. These zones should be defined by acceptable physical barriers such as walls or chain link fencing and appropriate gating. The physical barrier shall be a minimum of 6-8ft in height within the site to prevent intrusion from anyone not authorized to access the site. Landscaping to the surroundings will also be encouraged 4. Readily identifiable signage with a size of 24 by 36 warning the public to keep out, along with information as to the network operators and their emergency contact numbers shall be posted at a conspicuous position at the site. 5. All towers shall be built in accordance with the Virgin Islands Building Regulations (1999) and should incorporate design criteria to withstand the impact of strong hurricanes (125mph with gusts to 150mph) and strong earthquakes 6. Where installations are on rooftops, if the building occupants have access to the roof for utility, maintenance or other purposes, then access to the installation should be restricted by an appropriate means. If equipment is kept in a room that houses rooftop antennas, access to such rooms must be strictly controlled by means of locked doors or gate. Warning signs and information pertaining to RF safety should be posted for the education of site workers and the use of radiation exposure monitors is to be encouraged MAST AND SITE SHARING The proliferation of telecommunication towers and related structures can be aesthetically and visually obtrusive. In any application the benefits of co-location shall be assessed against negative effects (e.g. the possible increase of antenna support structure height to accommodate other providers, the possible increase of power output from collocation sites and the cost associated with the co location). Therefore with the aim of keeping the number of masts to a minimum, mast sharing is required except where technically not feasible. It is expected that such sites will be frequently tested by the TRC. Where practicable the Planning Authority in consultation with the TRC will:

1. Will encourage the reuse of approved existing sites before any approval is given to the development of new installations. 2. Shall require that the operators/applicants demonstrate that all reasonable steps have been taken to investigate mast sharing before seeking to erect new mast. Written documentation in the form of a collocation statement should be supplied at the time of application that indicates the reasons why collocation was not

possible at site within a specified radius of 400m of the proposed site as required. Where tower heights are shorter a smaller search radius can be used. e.g. (Two 45m towers 400m but two 18m towers 300m). 3. Collaborate in negotiating collocation agreement issues relating to site access, security access, damage insurance and compensation and fair rates as mutually agreed. If there are disputes, the areas of contention should be identified and referred to the relevant authority for resolution in an agreed defined period before a decision is made on the particular application. 4. Encourage the possibility of cooperating with another operator to erect new mast as per approved guidelines for joint usage as a new facility. 5. Encourage operators to include additional structural capacity in their structural designs to facilitate growing demand for network development including the demand for other operators. 6. Require height above the ground of the lowest point of the antennas on antenna structures to be a minimum of 30 ft above ground in keeping with RF safety guidelines 7. Require total power output values from each site whether a single or collocation site for evaluation in keeping with RF safety guidelines. Total output values greater 1000w may require further evaluation for meeting ICNIRP exposure guidelines 8. Planning Authority shall maintain a register of all applications for telecommunication mast/tower sites. This can be made available to operators to allow them to consider the possibilities of mast sharing when planning the development of telecommunication networks provided that the location meets the requisite guidelines and is an approved location 9. Require that if a site is no longer being used by the operator, that operator will bear the responsibility for removal of all equipment from the site and restoring the site within reason Note: There are certain factors which may inhibit the amount of mast sharing. These include: The structures capacity to support weights or wind loads from additional equipment, RF interference, although engineering design can minimize this problem, Visual appearance, which can be intrusive when facilities are bulked, Heightened or clustered due to mast sharing site and individual security. Where further evaluation or additional information is required for decision making in relationship to site applications the Planning Authority reserves the right to engage the services of outside consultants.

QUICK GUIDE TO APPLICANTS / NETWORK OPERATORS Consultations should be made between the operator and the Planning Authority before an application for consent for telecommunications development is submitted. These will allow both sides the opportunity to examine mast locations, the possibility of mast sharing, site sharing and design solutions. All applications shall include the following information: A completed application form with application fee Geographic latitude and longitude coordinates of the tower The name and telephone number of the person who is responsible for site access Height of tower above ground and above sea level Height of platforms for placement of equipment Type and quantity of equipment to be placed on tower Capacity of tower: weight and quantity of equipment RF Coverage Plan Include plans showing the site layout and location, foundation, floor and elevation at an appropriate Scale (i.e. 1:50 for floor and foundation plans and site plan and towers at 1:100). Show setbacks from the existing buildings on site, adjacent lots and buildings and from the roadways, use of existing buildings Provide information relating to distance from public buildings and institutions where applicable. Illustrate access points and right of ways to each facility. Provide a master plan / network diagram of the locations of all the facilities. Show security of sites in terms of fencing, its height and location of signage. Provide proof of interest in land (leasehold or freehold) and access to. Shall require that the operators/applicants demonstrate that all reasonable steps have been taken to investigate mast sharing before seeking to erect new mast. Insurance coverage agreements in place with adjacent landholders where there are inadequate setbacks, or signed agreement with the landowners not to develop closer to the exclusion zones boundaries than the distances established for the correct setbacks

Appropriate authorization for use of equipment to be used at the site

the telecommunications or broadcasting

OTHER REQUIREMENTS All structures to be approved by the Building Authority All developments should be guided by the relevant sections in the telecommunications act The structural integrity of the towers shall be inspected and certified by a registered professional engineer where required or after a major disaster especially in areas of inadequate setbacks. All electrical installations should be in accordance to the requirements of the Electrical Inspector Office Proposed equipment and site technical specifications that is in compliance with ICNIRP standards. The information will be used for decision making and infrastructure expansion

Where further evaluation or additional information is required for decision making in relationship to site applications the Planning Authority reserves the right to engage the services of outside consultants.