Verizon Wireless Cell Tower Permit Application in Pulaski County

COMMONWEALTH OF KENTUCKY BEFORE THE PUBLIC SERVICE COMMISSION In the Matter of: ELECTRONIC APPLICATION OF CELLCO PARTNERSHIP D/B/A VERIZON WIRELESS AND APC TOWERS FOR ISSUANCE CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO CONSTRUCT A WIRELESS COMMUNICATIONS FACILITY IN THE COMMONWEALTH OF KENTUCKY IN THE COUNTY OF PULASKI ) ) ) ) ) ) ) ) CASE NO. 2025-00388 O R D E R On February 5, 2026, Cellco Partnership d/b/a Verizon Wireless and APC Towers (collectviely, 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 199 feet in height, with attached antennas, to be located at 376 Lanetown Road, Nancy, Pulaski County, Kentucky 42544. The coordinates for the proposed facility are North Latitude 37° 04’ 24.78” by West Longitude 84° 44’ 30.23". Pursuant to 807 KAR 5:063, Joint Applicants have filed statements of having provided the required notifications regarding the proposed construction. Pursuant to 807 KAR 5:063, Joint Applicants have filed evidence that the county judge/executive and all property owners within 500 feet and contiguous to the cell site have been notified of Application (filed Feb. 25, 2026), Exhibit N and Exhibit O. Application, Exhibit M.

-2- Case No. 2025-00388 the proposed construction. The notices solicited comments and informed the recipients of their right to request intervention. As of the date of this Order, one public comment has been received, expressing disappointment in the proposal. Joint Applicants have filed applications with the Federal Aviation Administration (FAA) and the Kentucky Airport Zoning Commission (KAZC) seeking approval for the construction and operation of the proposed facility. Currently, both applications are pending, therefore, the Commission requests Joint Applicants to file a copy of the final decision regarding the pending KAZC and FAA applications within ten days of receiving a decision. Joint Applicants have provided information regarding the structure of the tower, safety measures, and antenna design criteria for the proposed facility. Based upon the 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. The certified Antenna Structure Registration will be provided by Joint Application, Exhibit L. 20251229_Patricia and Lester Swafford Public Comment.pdf Application, Exhibit F and Exhibit G. Application, Exhibit C and Exhibit D. Application, Exhibit P.

-3- Case No. 2025-00388 Applicants as soon as received. Joint Applicants have also provided information that there is no reasonable opportunity to co-locate its equipment on existing structures. To obtain a CPCN, Joint Applicants must demonstrate a need for such facilities and an absence of wasteful duplication. “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 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 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. 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 Pulaski County by providing interconnection between Verizon Wireless’ other sites forming a more cohesive network. Application at 4 and Exhibit Q. Kentucky Utilities Co. v. Public Service Com’n, 252 S.W.2d 885 (Ky. 1952). Kentucky Utilities Co. v. Public Service Com’n, 252 S.W.2d 885, 890 (Ky. 1952). Kentucky Utilities Co. v. Public Service Com’n, 252 S.W.2d 885, 890 (Ky. 1952). See KRS 278.54611.

-4- Case No. 2025-00388 The Commission also finds that the proposed facility will not result in wasteful duplication. Building a new tower to improve telecommunication services and assure 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 199 feet in height, with attached antennas, to be located at 376 Lanetown Road, Nancy, Pulaski County, Kentucky 42544. The coordinates for the proposed facility are North Latitude 37° 04’ 24.78” by West Longitude 84° 44’ 30.23".

-5- Case No. 2025-00388 2. 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. 3. Joint Applicants shall file a copy of the final decision regarding the pending KAZC and FAA applications for the proposed construction within ten days of receiving a decision. 4. Joint Applicants shall file a copy of the certified Antenna Structure Registration within ten days of being received. 5. Documents filed, if any, in the future pursuant to ordering paragraphs 2 and 3 herein shall reference this case number and shall be retained in the post-case correspondence file. 6. This case is closed and removed from the Commission’s docket.

Case No. 2025-00388 PUBLIC SERVICE COMMISSION ___________________________ Chairman ___________________________ Commissioner ___________________________ Commissioner ATTEST: ______________________ Executive Director

Denotes Served by Email Service List for Case 2025-00388Joseph M. CsikosClark, Quinn, Moses, Scott, and Grahn, LLP320 North Meridian StreetSuite 1100Indianapolis, IN 46204-172Russell L. BrownClark, Quinn, Moses, Scott, and Grahn, LLP320 North Meridian StreetSuite 1100Indianapolis, IN 46204-172Cellco Partnership dba Verizon WirelessOne Verizon Way, Mailcode VC53S309DBasking Ridge, NJ 07920