Module 14- Project Team

This module presents the members of the site development project team and their roles in the process

Module Overview:

Module 14 Project Team Learning Objectives

Upon completion the learner will be able to:

identify the members of the project team
explain the role of the RF engineer and the construction manager
describe the responsibilities of the project team members
explain process differences in construction vs. temporary site installations
identify conditions calling for input from the project attorney
identify conditions calling for input from the carrier operations team
identify conditions calling for input from the project environmental consultant
identify conditions calling for input from the A&E firm
identify conditions calling for input from the title insurance company
identify conditions calling for input from the title report/ownership and encumbrance
identify conditions calling for input from the site acquisition consultant

Introduction to the Project Team, Module 14

As discussed above, the SAR isn’t always distributed to the entire project team for site selection. Nevertheless, after site selection is made, the SCIP or a pertinent portion of it is distributed to the entire project team. Following is a general description of the role of each member of the project team.

Topic 1- Site Acquisition Consultant

This entire book is devoted to the business of developing wireless infrastructure from the perspective of a site acquisition consultant. Expectations and responsibilities of the site acquisition consultant were discussed in Module 2 The Role of Site Acquisition. Milestones for wireless facility development projects in the site acquisition and local permitting stages were explained in Module 3 Site Acquisition Contracting.

A site acquisition consultant’s work starts with evaluating search area assignments designed by RF engineers, as discussed in Module 6 Search Area Design; Module 7 Search Area Assignment; and Module 8 Search Area Mapping. Site acquisition consultants perform due diligence to determine the most zone-able sites, the most constructible locations, and the most leasable properties to install wireless facilities, as discussed in Module 9 Zone-ability; Module 10 Constructability; and Module 11 Lease-ability. The site acquisition consultant controls all communications and negotiations with prospective property owners in each search area, as discussed in Module 12 Property Owner Communications.

The site acquisition consultant drafts the search area report to communicate to the project team the best available candidate locations for the development of a wireless facility, advises the project team during site selection, and provides an in-depth due diligence report concerning the chosen property, as discussed in Module 13 Search Area Report (SAR) and Module 15 Site Candidate Information Package (SCIP). To initiate site development for wireless facilities, the site acquisition consultant coordinates visitation to the site for members of the project team, initiates a title report on the property, and assists the A&E firm with the design of the proposed facility, as discussed in Module 16 Project Initiation; Module 18 Title Insurance Commitment; Module 19 Site Design—Standard Drawings and Reports; and Module 20 Site Design—Supplemental Drawings and Reports. For collocations, the site acquisition consultant is responsible for completing and submitting applications to owners of existing structures, as discussed in Module 17 Collocation Applications.

Finally, the site acquisition consultant is accountable to secure the real estate entitlement space rights and local permit rights that enable a wireless facility developer to legitimately build, install, or otherwise implement plans for wireless infrastructure and operate facilities thereafter, as studied in Module 27 Final Space Rights and Module 28 Local Permit Applications. A site acquisition consultant cannot achieve the above site development tasks alone but is nevertheless responsible for their expedient and correct completion. Therefore, coordination with members of the project team is integral to the job function of a site acquisition consultant. Now we present the other members of the project team.

Topic 2- Wireless Facility Developer/Client Real Estate Point of Contact

The client point of contact is usually a real estate or site acquisition specialist, analyst, manager, or director. This person typically has the responsibility of overseeing the operating components of the site selection and development project for the client. The client’s real estate point of contact, as a superior, directs the site acquisition consultant, as a subordinate, in executing the real estate site acquisition and local permitting tasks.

The workload of the client’s point of contact, the demonstrated competence of the site acquisition consultant, and the relationship between the two determine which responsibilities the client’s point of contact might delegate to a site acquisition consultant from project to project. An example might be the privilege to talk directly with RF engineers and client legal counsel. Throughout the site acquisition cycle, from the search area assignment to the completion of real entitlements, the site acquisition consultant is accountable to the client’s point of contact.

Topic 3- Radio Frequency (RF) Engineer

The RF engineer is tasked with designing local wireless systems, made up of individual wireless infrastructure sites. An RF engineer initiates each search area assignment. In many projects, the site selection is referred to as the RF site selection or the RF approval of the site. These references to RF imply that the site selection or approval is based on radio frequency criteria, which are applied by an RF engineer.

As such, in many situations, the RF engineer’s opinion about where a new site should be located will overrule the first desires of the construction manager or operations personnel. An RF engineer’s site preference may appear idealistic; however, if a site doesn’t satisfy the RF objectives, spending the time and money to build the site is wasteful and unproductive. In Module 4 Wireless System Design I discussed the objectives of RF engineering in relation to the types of sites designed into wireless systems.

RF engineers use powerful computers to model coverage expectations for proposed new sites. Until the programs are run for specific locations, the projected effectiveness of each site is not clear. In fact, it’s not uncommon for the RF engineer to refine its target or search area based on sampling candidate sites. As discussed in Module 6 Search Area Design the RF engineer is typically responsible for FAA applications and interference analysis, thus establishing concern for sites in proximity to airports and radio transmitters used by others.

Topic 4- Construction Manager

Construction managers are the most concerned with the cost and difficulty of building proposed sites. In their jobs, construction managers work with local utilities, the project A&E firm, and general (construction) contractors regarding the application of costing methods to the estimation of overall site construction costs. Tough decisions may arise in confrontations between construction managers and RF engineers. This is the case in circumstances where the location most desired by RF engineering is much more expensive to build than other locations in seemingly close proximity. This is not a confrontation that it is wise for the site acquisition consultant to get in the middle of, except to supply data as requested to resolve the conflict. The client’s point of contact will see that the proper site selection decision is made.

Throughout Module 19 Site Design—Standard Drawings and Reports and Module 20 Site Design—Supplemental Drawings and Reports the subject matter of building plans relate directly to the role of the construction manager. After the needed real estate entitlements are secure, the construction manager provides the final construction drawings and reports to general contractors to secure their bids for the award of the job. Upon completion of facility construction, the construction drawings are modified into as-built drawings for future reference.

Topic 5- Operations Representative

Operations personnel are largely responsible for the maintenance and upkeep of wireless facilities once they are placed into service, online, or operational. A representative from operations may be consulted during site selection to ensure that the needs of operations personnel are met in the early stages of the project. An operations manager or field technician who represents the operations personnel may be considered part of the project team.

The main operations concern is how difficult it is to access a site location for normal routine visits and in case of emergency. When there is a facility emergency, a function of the network monitoring system is to send a message (known as a fault alarm) to a network operations center (NOC). At this point operations staff may need the 911/E911 address of the site and the local non-emergency phone number for the sheriff’s department. The site acquisition consultant is responsible for securing this information. Placing a 911/E911 call from outside the local area of a wireless facility will not affect contact with the sheriff’s office in the jurisdiction where the facility is located.

Operations personnel may need to visit many sites on a routine day, making time management critical. Placing facilities in easily accessible locations saves time on those days. Operations personnel don’t want to have to carry tools and equipment long distances. While it might appear that a private road provides vehicle access to the facility, this might not be true for a dirt road during and after a rainstorm or when there is a foot of fresh snow on the ground. A procedure to guarantee quick, reliable after-hours access to an office building is important in case the facility requires an emergency visit.

While operations staff doesn’t play a great role in site design, site selection, or site development, operational personnel are impacted by outcomes of the site plan, the site space agreement, and conditions for permit approval long after the facility is installed. As discussed in Module 24 Lease Provisions and Module 30 Community Due Diligence stipulations of space agreements and the accommodations imposed by local conditional use permits must be adhered to in the operational phase of each facility.

Topic 6- Architectural and Engineering (A&E) Firm and Surveyor

The A&E firm is tasked with site design. It reports to the site developer/client point of contact, the construction manager, and RF engineering. Since the construction manager implements drawings (plans) developed by the A&E firm, the construction manager has direct input into how the plans are crafted. For RF engineering, the plans include radio transmission details for each site, such as the location of the waveguide, the configuration of antennas, and issues related to how the waveguide connects the radio equipment and antenna system configuration.

The A&E firm hires the land surveyor to conduct the land survey. The A&E firm uses the land survey to design the configuration of a proposed new site, including all equipment, as discussed in Module 5 Wireless Facility Components.

The site configuration includes:

equipment building (shelter) or, alternatively, the outdoor cabinets, if needed
the orientation of the shelter’s access doors, waveguide ports, HVAC, etc.
floor plan for associated equipment such as radios, batteries, a battery charger, a telecommunication demarcation box, a power transfer switch, and a cut-off switch
antenna structure, vertical waveguide placement, and subsurface grounding
antennas, tower-mounted amplifiers, and remote radio units
route and termination of electrical, telephone, and fiber-optic cables
location of a back-up power generator and its fuel supply, if planned
access road or route from the public right-of-way to the proposed facility
tenant finish or perimeter fencing, parking, and a vehicle turnaround area

The A&E firm needs input from the site acquisition consultant regarding a property owner’s requirements for the site design, as well as the guidelines of the jurisdiction for site design. The A&E firm will require contact information for local utilities. Since A&E drawings are such a large part of wireless site development projects, Module 19 Site Design—Standard Drawings and Reports and Module 20 Site Design—Supplemental Drawings and Reports are both devoted to a more in-depth conversation about A&E drawings.

Topic 7- Environmental Consultant (EC)

The Federal Communications Commission (FCC) has promulgated regulations to implement the National Environmental Protection Act of 1969 (NEPA), the Endangered Species Act (ESA), and Section 106 of the National Historic Preservation Act (NHPA) with respect to the development of communications towers and collocations on existing structures.¹ Due to its lead agency role in relation to licensing frequency spectrum and antenna structure registration, the FCC is obligated to enforce these and other federal environmental laws relevant to wireless facilities. The FCC conducts periodic environmental training workshops for environmental consultants with the objective of providing insight into the FCC’s regulatory compliance processes and procedures.²

The project team environmental consultant (EC) is responsible for researching and evaluating the selected site with respect to FCC environmental compliance guidelines. Compliance with FCC regulations is a prerequisite for the issuance of authorization from the FCC to proceed with installing a new communications tower or wireless facility. A construction permit issued by the FCC is not the same as a building permit issued by a local jurisdiction. Both are necessary for wireless facility implementation.

Part of the job of the EC is to ask the property owner questions required for a phase 1 environmental report, also known as a phase 1. Phase 1 consists of the property owner interview, the research of historical databases of local environment conditions, an inquiry and response letter from the State Historical Preservation Officer (SHPO, pronounced “ship-o”), and a completed NEPA checklist. The EC may require support from the site acquisition consultant in the process of achieving environmental compliance.

The site acquisition consultant must clear access to property owners for the EC to obtain answers from the property owner to pertinent environmental questions. The EC’s work on federal permit issues parallels the site development cycle of the site acquisition consultant.

Information regarding these and other environmental references may be found at “Tower and Antenna Siting,” Federal Communications Commission, https://www.fcc.gov/general/tower-and-antenna-siting.
Videos of past workshops such as this may be found on the FCC website. See “Environmental Compliance and Historic Preservation Workshop,” Federal Communications Commission, https://www.fcc.gov/news-events/events/2016/05
/environmental-compliance-and-historic-preservation-workshop; “Environmental Compliance for Communications Facilities,” Federal Communications Commission, https://www.fcc.gov/news-events/events/2011/06/environmental
-compliance-for-communications-facilities; and “Wireless Telecommunications Bureau Announces Workshops: Environmental Compliance and Historic Preservation Review Training for the Construction of Communications Towers and the Collocation of Communications Gear and for Positive Train Control Infrastructure,” Federal Communications Commission, https://apps.fcc.gov/edocs_public
/attachmatch/DA-14-382A1.pdf.

Applications under the National Programmatic Agreement and other FCC licensing
can be found on the FCC website at: https://www.fcc.gov/licensing-databases/forms

The NPA license application for new structures (Form 620) and collocations (Form 621)
as well as information about the FCC’s Tower Construction Notification System (TCNS)
under Section 106 of the National Historic Preservation Act (NPHA) and the Electronic
Section-106 System (E-106) can be found at:
https://www.fcc.gov/wireless/systems-utilities/tower-construction-notifications.

Topic 8- Project Attorney/Legal Counsel

The client’s legal counsel serves as the ultimate resource for the wireless facility developer with respect to contract issues, including the wording of language in the space rights agreement that is subject to negotiation with the property owner, and, if necessary, direct contact with the property owner’s attorney. The project attorney may be in-house or outside counsel. Outside counsel may have crafted the standard space rights agreements of the site developer or may merely consult with in-house attorneys about the organization’s policies and preferences.

Site acquisition agents often convey property owner comments and requests for changes in the proposed space rights agreement to the client’s point of contact and the project attorney. Likewise, comments and proposed revisions in response to the property owner inquiries are conveyed by the site acquisition consultant back to the property owner and/or its legal counsel. Of course, the most desirable property owners don’t need changes to standard site development rights agreements. It’s also preferable that the site acquisition consultant can handle property owner negotiations without the project attorney needing to speak directly with the property owner’s attorney, if possible.

Project legal counsel oversees the development of the title commitment from the title insurance company and ensures that the title commitment satisfies the requirements of the client. The site acquisition consultant may be asked to perform as a paralegal by working with the title company at the legal counsel’s direction. Project legal counsel is responsible for reviewing the title work as it is expressed on the final survey for each site. Getting the title information right on the final survey is another task coordinated by site acquisition consultants at the direction of legal counsel. It also involves working with the A&E firm or surveyor and the title company to ensure the information is correct and consistent. Finally, if representatives of a local jurisdiction demonstrate disdain for a wireless facility permit application and it is apparent the jurisdiction might violate their own regulations or act against the state or federal laws, the client’s point of contact and the project attorney need to be advised. The need to bring in legal counsel might not become apparent until the first meeting with a planning commission, city council, or county board. If it seems that the governing board is dismissing the merits of an application without conversation, it might be a good idea to request a continuance.

Having the project attorney attend a public hearing is a decision to be made by the client based upon its internal policies. Once involved, the project attorney will need to review all regulations of, communications with, and, submissions to the local jurisdictions. Request legal assistance when warranted but don’t make the request without good reason.

The project attorney’s involvement regarding the above material is discussed in greater detail in Module 18 Title Insurance Commitment; Module 24 Lease Provisions; Module 26 Miscellaneous Agreements; Module 27 Final Space Rights; and Module 31 Local Governing Bodies and Public Hearings.

Topic 9- Title Insurance Company Representative

Title companies issue title insurance to insure a buyer or prospective leasehold interest tenant against defects in the legal ownership of real property. Wireless infrastructure developers want to protect themselves against defects in title, and therefore use title industry standards to research and review the quality of the chain of the title and existing encumbrances for each proposed investment location. A chain of title demonstrates ownership rights have been granted to a property owner or tenant from the previous or current owner, respectively. Chain of the title might refer to rights granted to a management company through management or another individual by power of attorney.

The foundation of title work is due diligence research conducted by a title company or abstractor detailing title transactions in the history of the property. The history is known as an abstract. Title abstracts include the chain of title going back to the original grant of land from the US government (known as the patent). Based upon a valid abstract, a legal opinion can be written by an attorney as to the qualitative status of the property’s title. Following the legal opinion, a title insurer can issue a title insurance policy for a new interest in the property. Alternatively, the wireless developer may decide to self-insure their interest.

To start the title work, the title insurance company representative receives data about the selected site generated by the site acquisition consultant. The information includes a copy of the current deed, its location in the county courthouse, and the legal description of the property, all provided in the SCIP. For more about securing title insurance for wireless sites see Module 18 Title Insurance Commitment.

Topic 10- Site Selection (Milestone)

The site acquisition consultant now has the input necessary for members of the project team to weigh in and make a site selection decision. This is a milestone in the project. The project now changes from a site search and selection effort to a site development endeavor.

The site acquisition consultant is no less involved in the site development process, but the other members of the project team now engage. Before site development commences, the acquisition consultant needs to set the table for project team activity. In Module 15 Site Candidate Information Package (SCIP) I’ll discuss the first step in providing the team members with the detailed intelligence they need to start performing due diligence activities relevant to their work. Module 16 Project Initiation covers the second step to energize participation from the project team in the site development project: site visitation.