Kentucky Public Service Commission


View Case Filings for: 2021-00398


Case Number:2021-00398
Service Type:Radio - Telephone
Filing Date:10/18/2021
Category:Regular
Utilities:

New Cingular Wireless PCS, LLC


Electronic Case
Case Nature:

Falling Branch site; 2589 Blue Bird Road, Falls of Rough, Grayson County, KY 40119









Case Filings
FilingDocuments
4/12/2024 5:35:56 PM

Final Order Entered: 1. This application is dismissed without prejudice. 2. If the Applicants file a new application relating back to this case, the record of this matter shall be incorporated. 3. If the Applicants file a new application relating back to this case, the Applicants shall notify Roger and Janelle Nicolai at both the email and mailing address on file in this matter. 4. If the Applicants file a new application relating back to this case, Roger and Janelle Nicolai shall be granted intervention in that matter. 5. This case is closed and removed from the Commission’s docket.


11/7/2023 9:23:38 AM

Roger and Janelle Nicolai Filing Evidence of Robert Shelton Statement


10/31/2023 8:14:06 AM

Applicants’ 2nd Update on Alternative Site Due Diligence


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

10/20/2023 8:59:01 AM

Roger and Janelle Nicolai Response to Applicants Update on Alternative Site


9/29/2023 5:13:57 PM

Applicants’ Update on Alternative Site Due Diligence


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

9/14/2023 4:12:01 PM

20230914_PSC Notice of Filing Hearing Documents.pdf


8/31/2023 3:18:39 PM

Applicants’ Responses to Post-Hearing Requests for Information


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Affidavit_of_Annie_Zocco.pdf

Affidavit of Annie Zocco

Read_1st_Letter.pdf

Read 1st Letter

8/29/2023 8:51:22 AM

20230829_PSC Letter Filing IC Memo into the Record.pdf


8/24/2023 11:10:51 AM

Order Entered: 1. The Applicants’ motion for an IC is granted. 2. An IC is scheduled on August 28, 2023, at 11:30 a.m. Eastern Daylight Time/ 10:30 a.m. Central Daylight Time. 3. Commission Staff will contact participants by electronic mail to provide details for joining the conference by video link.


8/22/2023 2:04:29 PM

Roger and Janelle Nicolai Response to Motion for Informal Conference


8/18/2023 5:09:19 PM

Motion for Informal Conference


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

8/11/2023 2:34:13 PM

Order Entered: 1. The motion for a stay to consider alternative sites is granted. 2. The July 28, 2023 procedural schedule is amended. 3. Joint Applicants shall file their responses to post-hearing data requests no later than August 31, 2023. 4. The remainder of the July 28, 2023 procedural schedule is suspended until such time as the Commission issues a new schedule.


8/8/2023 2:27:55 PM

Applicants’ Motion to Stay Proceeding for Sixty (“60”) Days to Evaluate Alternative Sites


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Falling_Branch_-_Motion_to_Stay_Proceeding.pdf

Applicants’ Motion to Stay Proceeding

Read_1st_Letter.pdf

Read 1st Letter

7/28/2023 3:21:29 PM

Data Request


7/28/2023 3:14:15 PM

Order Entered: 1. Post-hearing requests for information, if any, shall be filed on or before July 28, 2023. 2. Responses to post-hearing requests for information shall be filed on or before August 11, 2023. 3. Counsel for New Cingular Wireless PCS, LLC d/b/a AT&T Mobility and Tillman Infrastructure (together, Joint Applicants) shall file an initial memorandum brief in support of Joint Applicant’s post-hearing position on or before September 1, 2023. 4. Intervenors shall file a post-hearing response brief, should they choose to do so, in support of their position on or before September 22, 2023. 5. Joint Applicants shall file a response brief limited to addressing the intervenor’s position or specific intervenor arguments on or before October 6, 2023. 6. This case shall stand submitted for a decision by the Commission effective 12:01 a.m. Eastern Standard Time, October 7, 2023.


7/25/2023 9:36:13 AM

Roger and Janelle Nicolai Response to Commission Order regarding Witness List


7/24/2023 6:16:17 PM

Motion in Limine to Exclude Lay Person Testimony on Aesthetic Effects of New Cellular Tower


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

7/24/2023 11:54:56 AM

Motion to Cancel Hearing and Submit Application for Decision or Exclude Intervenor’s Witnesses and Strike Their Property Value Studies


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

7/24/2023 9:46:26 AM

Motion in Limine to Exclude Testimony and Other Evidence on Purported Environmental Effects of Radio Frequency Emissions


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

7/21/2023 10:31:16 AM

Motion for Order for Post-Hearing Briefs


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Motion_for_Post-Hearing_Briefs.pdf

Motion for Order for Post-Hearing Briefs

Read_1st_Letter.pdf

Read 1st Letter

7/20/2023 4:56:52 PM

Applicants’ Proof of Notice of Hearing


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

7/20/2023 4:43:13 PM

Applicants’ Witness List for July 27, 2023 Formal Hearing


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

6/1/2023 9:15:42 AM

Order Entered: 1. A hearing in this matter shall be held on July 27, 2023, at 9 a.m. Eastern Daylight Time and continuing until called from the bench by the presiding officer, in the Richard Raff Hearing Room at the offices of the Public Service Commission at 211 Sower Boulevard, Frankfort, Kentucky. 2. Pursuant to 807 KAR 5:001E, Section 2, if the hearing is not concluded on the designated day, the hearing may be continued upon verbal announcement by the presiding officer. A verbal announcement made by the presiding officer shall be proper notice of the continued hearing. 3. Witnesses who sponsor schedules, testimony, or responses to requests for information shall participate in person at the July 27, 2023 hearing. 4. Each party shall file a witness list in the record by July 20, 2023. 5. AT&T Mobility and Tillman Infrastructure shall give notice of the hearing in compliance with 807 KAR 5:001E, Section 9(2)(b). 6. Pursuant to KRS 278.360 and 807 KAR 5:001E, Section 9(9), a digital video transcript shall be made of the hearing.


5/12/2023 5:39:03 PM

Motion for Informal Conference with Commission Staff


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

5/8/2023 4:34:55 PM

Sixth Re-Notice of Applicants’ Motion to Submit Application for Certificate of Public Convenience and Necessity for Decision on Existing Evidentiary Record


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

5/1/2023 9:16:17 AM

Fifth Re-Notice of Applicants’ Motion to Submit Application for Certificate of Public Convenience and Necessity for Decision on Existing Evidentiary Record


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

4/21/2023 1:18:10 PM

Fourth Re-Notice of Applicants’ Motion to Submit Application for Certificate of Public Convenience and Necessity for Decision on Existing Evidentiary Record


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

4/14/2023 2:24:47 PM

Third Re-Notice of Applicants’ Motion to Submit Application for Certificate of Public Convenience and Necessity for Decision on Existing Evidentiary Record


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

4/7/2023 5:35:07 PM

Second Re-Notice of Applicants’ Motion to Submit Application for Certificate of Public Convenience and Necessity for Decision on Existing Evidentiary Record


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

3/31/2023 3:19:01 PM

Re-Notice of Applicants’ Motion to Submit Application for Certificate of Public Convenience and Necessity for Decision on Existing Evidentiary Record


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

2/28/2023 11:15:47 AM

Roger and Janelle Nicolai Response


2/24/2023 2:49:41 PM

Applicants’ Motion to Submit Application for Decision on Existing Evidentiary Record


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

12/9/2022 4:55:27 PM

Notice of Compliance and Request for Decision


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a ATT Mobility and Tillman Infrastructure LLC

Falling_Branch_-_Notice_of_Compliance_and_Request_for_Decision.pdf

Notice of Compliance and Request for Decision

11/28/2022 9:18:04 AM

Applicants’ Rebuttal Testimony in Response to Intervenor Testimony


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a ATT Mobility and Tillman Infrastructure LLC

10/14/2022 9:58:36 AM

Roger and Janelle Nicolai Final Testimony


10/4/2022 9:57:21 AM

Applicants Responses to Supplemental Requests for Information


David A. Pike, F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a ATT Mobility and Tillman Infrastructure LLC

9/26/2022 11:35:25 AM

Roger and Janelle Nicolai Second Request for Information to New Cingular Wireless PCS, LLC


9/13/2022 12:50:58 PM

Applicants’ Response to Initial Requests for Information


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

8/31/2022 11:57:02 AM

Data Request


8/30/2022 11:00:30 AM

Roger and Janelle Nicolai Initial Request for Information to New Cingular Wireless PCS, LLC


8/18/2022 8:16:15 AM

Order Entered: 1. The procedural schedule set forth in the Appendix to this Order shall be followed. 2. New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility and Tillman Infrastructure LLC (collectively, the Joint Applicants), when filing a paper with the Commission, shall file an electronic copy in accordance with the electronic filing procedures set forth in 807 KAR 5:001, Section 8.


8/11/2022 10:00:46 AM

Roger and Janelle Nicolai Response to Public Comment


4/18/2022 10:40:06 AM

Roger and Janelle Nicolai Response


4/13/2022 1:58:29 PM

Motion for Immediate Decision on Existing Evidentiary Record


David A. Pike F. Keith Brown and Christopher J. Shouse New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a ATT Mobility and Tillman Infrastructure LLC

Read_1st_Letter.pdf

Read 1st Letter

4/7/2022 1:02:54 PM

Janelle Nicolai Additional Information


4/1/2022 10:08:47 AM

Roger and Janelle Nicolai Response to Commission Order


3/15/2022 8:42:59 AM

Roger and Janelle Nicolai Response to Public Hearing


3/8/2022 9:17:30 AM

20220308_PSC Letter Filing Documents into the Record.pdf


3/1/2022 10:29:45 AM

Roger and Janelle Nicolai Response to Commission Order


2/24/2022 9:22:15 AM

Order Entered: 1. The motion of the Nicolais to intervene is granted. 2. The Nicolais shall be entitled to the full rights of a party and shall be served with the Commission’s Orders and with filed testimony, exhibits, pleadings, correspondence, and all other documents submitted by parties after the date of this Order. 3. The Nicolais shall file all documents with the Commission by U.S. mail to P.O. Box 615, Frankfort, Kentucky 40602-0615, or by email to PSCED@ky.gov. 4. Within seven days of the date of this Order, the Nicolais shall provide to the Commission and to the Joint Applicants an email address at which the Nicolais may receive electronic service of documents. 5. A local public hearing is convened for the purpose of taking public comment the Joint Applicants’ application to construct a wireless telecommunications facility to be located at 2589 Blue Bird Road, Falls of Rough, Kentucky 40119. 6. The local public hearing shall be held on March 3, 2022, at the Rough River State Park, 450 Lodge Road, Falls of Rough, Kentucky 40119, and shall begin at 5 p.m. Central Standard Time. 7. No evidence shall be taken at the local public hearing. 8. The Joint Applicants shall have a representative present at the local public hearing to answer questions from the public.


11/30/2021 2:25:22 PM

Applicant Response to Public Comment of Roger and Janelle Nicolai


David A. Pike and Christopher J. Shouse New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a ATT Mobility and Tillman Infrastructure LLC, a Delaw

11/19/2021 11:41:39 AM

Applicant Response to Public Comment


David A. Pike and Christopher J. Shouse New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a ATT Mobility and Tillman Infrastructure LLC, a Delaw

11/16/2021 2:16:59 PM

Roger and Janelle Nicolai Request for Intervention


10/25/2021 10:55:23 AM

20211025_PSC No Deficiency Letter.pdf


10/18/2021 4:49:04 PM

Application for Certificate of Public Convenience and Necessity for Construction of a Wireless Communications Facility


David A. Pike and Christopher J. Shouse New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/b/a ATT Mobility and Tillman Infrastructure LLC, a Delaw

10/15/2021 3:06:53 PM

20211015_PSC Acknowledgment Letter.pdf


10/15/2021

New Cingular Wireless PCS, LLC d/b/a ATT Mobility Notice of Intent to File an Application for Issuance of a Certificate of Public Convenience and Necessity to Construct a Wireless Communications Facility in the Commonwealth of Kentucky in the County of Gra


20211015_New Cingular Wireless PCS, LLC Notice of Intent and Election.pdf

New Cingular Wireless PCS, LLC Notice of Intent and Election