Kentucky Public Service Commission Denies Verizon Wireless's Motion for Filing Deviation

Strategic Insights -

The Kentucky Public Service Commission has denied Verizon Wireless's motion for leave to deviate from filing requirements for a certificate of public convenience and necessity (CPCN) to construct a wireless communications facility in Fleming County, Kentucky. The Commission ruled that Verizon Wireless failed to include required reports, including a geotechnical investigation report and tower and foundation design plans, in its application. Despite Verizon Wireless's assertion that a federal endangered plant species on the property prevented it from performing the necessary reports, the Commission determined that there was no good cause to grant a deviation from the filing requirements.

Key Takeaways:

  • Verizon Wireless's motion for leave to deviate from filing requirements was denied by the Kentucky Public Service Commission.
  • The Commission found that Verizon Wireless failed to include required reports, including a geotechnical investigation report and tower and foundation design plans, in its application.
  • Verizon Wireless cited a federal endangered plant species on the property as the reason for not performing the necessary reports, but the Commission determined that there was no good cause to grant a deviation from the filing requirements.
  • The Commission's regulation, 807 KAR 5:063, Section 1, sets forth the filing requirements and procedures for proposals to construct antenna towers.
  • Verizon Wireless is required to complete the flower study, as recommended by the U.S. Fish and Wildlife Service, before applying for the CPCN.
  • The Commission's denial of the motion means that the application will not be deemed filed until all deficiencies have been cured.

Statistics:

  • 1. Verizon Wireless's motion for leave to deviate from filing requirements was denied by the Kentucky Public Service Commission on August 2, 2024.
  • 2. The Commission received Verizon Wireless's application on May 29, 2024, but found it to be deficient in several respects.
  • 3. 807 KAR 5:063, Section 1, governs the filing requirements and procedures for proposals to construct antenna towers in Kentucky.

Sources:

  • Commonwealth of Kentucky, Public Service Commission, Case No. 2024-00132, Order (August 2, 2024)
  • Verizon Wireless's Application for Construction of Wireless Communications Facility (tendered May 29, 2024) at 4.