TowerCo/Verizon Wireless CPCN Order Russell Springs 260-Foot Cell Tower

COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of:

O R D E R On January 19, 2026, TowerCo 2013, LLC and Cellco Partnership, d/b/a Verizon Wireless (collectively, the Joint Applicants) filed an application seeking a Certificate of Public Convenience and Necessity (CPCN) to construct and operate a wireless telecommunications facility. The proposed facility consists of a tower not to exceed 260 feet in height, consists of a tower with attached antennas, to be located on the west side of Kentucky Highway 1611, approximately 4.7 miles southwest of Kentucky Highway 76, Russell Springs, Kentucky 42642. The coordinates for the proposed facility are North Latitude 36° 58' 16.42" by West Longitude 84° 58' 53.50". 1 Pursuant to 807 KAR 5:063, Joint Applicants have filed statements of having provided the required notifications regarding the proposed construction. Pursuant to 807 2 KAR 5:063, Joint Applicants have filed evidence that the county judge/executive and all 3 ELECTRONIC APPLICATION OF TOWERCO ) Application at 3. 12013, LLC AND CELLCO PARTNERSHIP D/B/A )

Application at 5. 2VERIZON WIRELESS FOR ISSUANCE OF A )

CERTIFICATE OF PUBLIC CONVENIENCE AND ) CASE NO. Application, Exhibit M. 3NECESSITY TO CONSTRUCT A WIRELESS ) 2025-00252 COMMUNICATIONS FACILITY IN THE ) COMMONWEALTH OF KENTUCKY IN THE ) COUNTY OF RUSSELL )

property owners within 500 feet and contiguous to the cell site have been notified of the proposed construction. The notices solicited any comments and informed the recipients 4 of their right to request intervention. As of the date of this Order, no public comments or 5 requests for intervention have been received. Joint Applicants filed applications with the Federal Aviation Administration and the Kentucky Airport Zoning Commission seeking approval for the construction and operation of the proposed facility. The FAA has made a determination that there are no hazards to air navigation. The application for the KAZC is pending. 6 7 Joint Applicants have provided information regarding the structure of the tower, safety measures, and antenna design criteria for the proposed facility. Based upon the 8 application, the design of the tower and foundation conforms to applicable nationally recognized building standards, and a licensed professional engineer has certified the plans. Joint Applicants have provided information, including a radio frequency analysis, that the proposed facility is required to provide adequate service and improve its service coverage. Joint Applicants have also provided information that there is no reasonable 9 opportunity to co-locate its equipment on existing structures. 10

Application, Exhibit K and L. 4 Application, Exhibit L. 5 Application, Exhibit F. 6 Application, Exhibit G. 7 Application, Exhibit C and D. 8 Application, Exhibit P. 9 Application at 4. 10

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To obtain a CPCN, Joint Applicants must demonstrate a need for such facilities and an absence of wasteful duplication. 11 "Need" requires "a showing of a substantial inadequacy of existing service, involving a consumer market sufficiently large to make it economically feasible for the new system or facility to be constructed or operated." "Wasteful duplication" is defined 12 as "an excess of capacity over need" and "an excessive investment in relation to productivity or efficiency, and an unnecessary multiplicity of physical properties." The 13 wireless market is competitive and, other than the placement of towers and interconnection with other telecommunications providers, the Commission has little jurisdiction over wireless providers, including no jurisdiction over the rates and earnings of a wireless provider. 14 Having considered the evidence of record and being otherwise sufficiently advised, the Commission finds that Joint Applicants have demonstrated that there is a need for the proposed facility as a result of increasing demand for telecommunications services, to assure adequate coverage in the area, and to improve service in Russell County by providing interconnection between Joint Applicants' other sites forming a more cohesive network. The Commission also finds that the proposed facility will not result in wasteful duplication. Building a new tower to improve telecommunication services and assure

Kentucky Utilities Co. v. Public Service Com'n, 252 S.W.2d 885 (Ky. 1952). 11 Kentucky Utilities Co. v. Public Service Com'n, 252 S.W.2d 885, 890 (Ky. 1952). 12 Kentucky Utilities Co. v. Public Service Com'n, 252 S.W.2d 885, 890 (Ky. 1952). 13 See KRS 278.54611. 14

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adequate coverage when there are no reasonable opportunities to co-locate the equipment required to do so is not wasteful duplication. The Commission, therefore, finds that a CPCN to construct the proposed facility should be granted. Pursuant to KRS 278.280, the Commission is required to determine proper practices to be observed when it finds, upon complaint or on its own motion, that the facilities of any utility subject to its jurisdiction are unreasonable, unsafe, improper, or insufficient. To assist the Commission in its efforts to comply with this mandate, Joint Applicants shall immediately notify the Commission in writing if, after the antenna tower is built and utility service is commenced, the antenna tower is not used for three consecutive months in the manner authorized by this Order. Upon receipt of such notice, the Commission may, on its own motion, institute proceedings to consider the proper practices, including removal of the unused antenna tower, which shall be observed by Joint Applicants. IT IS THEREFORE ORDERED that:

1. Joint Applicants are granted a CPCN to construct a wireless
   telecommunications facility. The proposed facility consists of a tower not to exceed 260 feet in height, with attached antennas, to be located on the west side of Kentucky Highway 1611, approximately 4.7 miles southwest of Kentucky Highway 76, Russell Springs, KY

2. The coordinates for the proposed facility are North Latitude 36° 58' 16.42" by West
   Longitude 84° 58' 53.50".

3. Joint Applicants shall immediately notify the Commission in writing if, after
   the antenna tower is built and utility service is commenced, the tower is not used for three consecutive months in the manner authorized by this Order.

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1. Joint Applicants shall file a copy of the final decision regarding the pending
   KAZC application for the proposed construction within ten days of receiving a decision.

2. Documents filed, if any, in the future pursuant to ordering paragraph 2 or 3
   herein shall reference this case number and shall be retained in the post-case correspondence file.

3. This case is closed and removed from the Commission's docket.
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Entered on this 14th day of April, 2026. PUBLIC SERVICE COMMISSION

___________________________ Angie Hatton Chairman

___________________________ Mary Pat Regan Commissioner

___________________________ Andrew W. Wood Commissioner

ATTEST:

______________________ Linda C. Bridwell, PE Executive Director

Case No. 2025-00252

Service List for 2025-00252

• Elizabeth Bentz Williams Clark, Quinn, Moses, Scott, and Grahn, LLP 320 North Meridian Street Suite 1100 Indianapolis, IN 46204-172
• Joseph M. Csikos Clark, Quinn, Moses, Scott, and Grahn, LLP 320 North Meridian Street Suite 1100 Indianapolis, IN 46204-172
• Russell L. Brown Clark, Quinn, Moses, Scott, and Grahn, LLP 320 North Meridian Street Suite 1100 Indianapolis, IN 46204-172
• Cellco Partnership dba Verizon Wireless One Verizon Way, Mailcode VC53S309D Basking Ridge, NJ 07920
• Denotes served by Email