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Policy Contact: Division of Technology and Security

1. Purpose

   This policy sets forth the protocols for Telecommunications Equipment and Facilities utilized on University property.

2. Definitions
    
   1. Carrier: Any provider of telecommunications services or contractor for telecommunications services.
       
   2. Co-location: Use of Telecommunications Equipment by two (2) or more wireless license holder carriers or by one (1) wireless license holder carrier for more than one (1) type of communication.
       
   3. Equipment Facility: A structure used to contain ancillary equipment for Telecommunications Equipment, such as cables, wires, lines, cabinets, pedestals, and similar devices. This may be temporary when in place less than 180 days.
       
   4. Height: The distance measured from the original grade to the highest point of the Technology Equipment or Equipment Facility.
       
   5. Stealth: The ability of freestanding Telecommunications Equipment and the Equipment Facility to blend into the neighborhood environment at a given location, and the ability to camouflage or conceal the presence of Telecommunications Equipment and Facilities when attached to support structures.
       
   6. Telecommunications Equipment: Equipment, other than SDBOR or University equipment, used by a carrier to provide telecommunications services. Telecommunications Equipment includes, but is not limited to, towers, software, small cell equipment, antenna, power connections to equipment, fiber optic connections, and other equipment used by the Carrier in the delivery of telecommunications.
       
3. Policy
    
   1. To ensure the protection of the University community’s health, safety, and welfare; the aesthetic integrity of University property; and proper SDBOR and University management and control in accordance with statutory and policy requirements, prior University, and when applicable SDBOR, approval and written agreement of the parties is required for all installations on University property or facilities of any Telecommunications Equipment and Equipment Facilities. These provisions apply to new requests for placement, construction, and modification of Telecommunications Equipment and Equipment Facilities on University property.
       
   2. The A.V.P. for Facilities and Services is the designated campus official responsible for the timely initial review and response to requests for placement, construction, or modification of Telecommunications Equipment and Facilities requests on University property. Requests for placement will be submitted to the A.V.P., or designee, who will review the request and seek any needed additional review or facts. The A.V.P. for Facilities and Services will work with the V.P. for Technology and Security and the V.P. for Finance and Budget to review the request.
       
   3. Upon completion of the timely initial review of the request, the A.V.P. for Facilities and Services will submit the proposed placement, construction, and modification, status of proposed University approval or denial, and any related contract to the University President and University General Counsel for review and processing for final approval or denial of the University. If the terms of the proposed placement, construction, or modification require SDBOR or the SDBOR Executive Director approval in accordance with SDBOR Policy 5.3, the University President or designee shall transmit the University approved proposal to the SDBOR Executive Director with a copy to the SDBOR General Counsel for timely review, approval or denial processing.
       
   4. Telecommunications Equipment and Facility requests are subject to the following criteria for review:
      1. Request Requirements. The following information is required to be provided with the request for siting Telecommunications Equipment or Facilities:
         1. Completed Application in the format required by the University;
         2. Scaled drawing or area map, indicating the distance between the proposed Telecommunications Equipment or Facility from University buildings, proposed siting of connections and related equipment. A detailed design stamped by a Professional Engineer registered in the State of South Dakota is required;
         3. Written proposal containing the required development standards;
         4. Written proposal for costs and payments;
         5. Written proposal for maintenance, access, and related activities; and
         6. Additional information concerning the request as further identified by the designated campus official.
      2. Development Standards. Telecommunications Equipment and Facilities are required to meet the University’s design standards and campus master plans, as they are amended, and development standards requirements include:
         1. Co-location as a first alternative;
            1. Siting and co-location criteria. Siting and co-location of all Telecommunications Equipment and Facilities are subject to the following criteria before consideration will be given to a new site;
            2. Telecommunications Equipment and Facilities shall be located on existing Telecommunications Equipment support structures, such as utility poles, light poles, signs, buildings, and other Telecommunications Equipment and Facilities;
            3. Telecommunications Equipment and Facilities will co-locate or site share upon existing Telecommunications Equipment or Facilities;
            4. If a requester shows a good faith effort to co-locate but it is infeasible, a written statement indicating the reasons co-location is not feasible will be provided to the Vice President for Technology and Security, or designee.
         2. Compliance with applicable regulations. Compliance with all applicable FAA, FCC, or other applicable federal regulations and for placements on state property contiguous to City or County owned or controlled land, compliance with City or County zoning or condition use rules for design standards, setback, height, and location.
         3. The University or SDBOR may attach reasonable and prudent stipulations as a condition of approval or continuation. The stipulations will indicate any improvement or operating condition necessary to protect public health, safety, and welfare, and may include reference to applicable construction and property maintenance standards.
         4. Location and setback:
            1. Telecommunications Equipment and facilities shall not be within a six hundred feet (600’) radius of any other Telecommunications Equipment and Facilities;
            2. The clear distance should only block one-half (1/2) of a street’s width;
            3. The minimum distance from the Telecommunications Equipment or Facility base to the nearest existing residential structure setback line is not less than the proposed height of the Telecommunications Equipment or Facility or one hundred fifty feet (150’), whichever is greater;
            4. The minimum distance from the Telecommunications Equipment or Facility base to the nearest existing non-residential building structure setback line is not less than the proposed height of the Telecommunications Equipment or Facility or seventy-five feet (75’), whichever is greater;
            5. Where a Telecommunications Equipment or Facility is required to meet FAA point and/or lighting regulations, the distance between that equipment or facility and a residential, recreation/conservation area, or historic district shall not be less than one-half (1/2) mile.
         5. Height: Poles shall be no less than thirty (30) and no more than fifty (50) feet in height and must be collocation capable. Height restrictions may be imposed based on location.
         6. Screening and Landscaping. Telecommunications Equipment and Facilities shall be screened when there exists a clear view from adjacent residential and other University building areas consistent with the University’s design standards. A fence, wall, shrubbery, berm or tree plantings shall be installed to be a sufficient height along the perimeter or in appropriate areas in order to reduce the visual impact. Existing mature tree growth or natural landforms shall be preserved. If fencing is permitted and erected, the fence shall have a visibility barrier or additional plantings located outside the fence as approved by the institution and consistent with institutional design standards.
         7. Illumination. Telecommunications Equipment or Facilities shall not be artificially lighted unless required by the FAA or other governing authority. Security or safety lighting for equipment facilities or institutionally required lighting will be permitted upon approval by the University.
         8. Underground communication and infrastructure is subject to University master plan and approval in conformity with all applicable law, regulation, policies, required approvals and permits.
         9. Design. Telecommunications Equipment and Facilities will be of neutral color unless otherwise required by the FAA. Telecommunications Equipment or Facilities installed on other equipment, buildings, or support structures will be compatibly colored with the existing equipment buildings, or support structures to blend into the natural setting and built environment as approved by the University pursuant to the University’s design standards. Incorporating stealth design into all Telecommunications Equipment and Facilities will be considered in review of proposals. If within three hundred feet (300’) of a residential facility, the Telecommunications Equipment or Facility will be of a monopole design.
         10. Maintenance:
             1. Telecommunications Equipment or Facilities shall be maintained by the Carrier in good condition, order, and repair so that they shall not endanger the life or property of any person.
             2. Telecommunications Equipment or Facilities shall be maintained by the Carrier in compliance with applicable rules, regulations, and design standards as updated and amended. Upon the University’s determination that the Telecommunications Equipment or Facility may be a hazard to safety, the University may require the owner to perform an inspection by a registered professional engineer and make all recommended corrections.
             3. All maintenance or construction shall be performed by persons employed by or under contract or owner as approved by the University.
         11. Abandonment. Any Telecommunications Equipment or Facility that is no longer in use shall be reported to the Vice President for Technology and Security, or designee. If the Telecommunications Equipment or Facility is not operated for a period of twelve (12) months, it shall be considered abandoned, and the owner shall remove the Telecommunications Equipment or Facility after thirty (30) days’ notice from the University. If the owner fails to remove the Telecommunications Equipment or Facility, the University may determine that the site has been abandoned and follow applicable procedures for removal and may recover costs from the owner.
         12. Electromagnetic interference. Telecommunications Equipment or Facilities shall not interfere with institutional or existing equipment, systems, or signals.
         13. Interconnect: Interconnect with University or third party resources shall not interfere with University activities and resources and are subject to prior approval of the University.
              
   5. Prior to the installation of approved equipment, the user will acquire all necessary licenses, waivers, or approvals from regulatory agencies and provide verification to the V.P. for Technology and Security, or designee.

4. Responsible Administrator

   The Vice President for Finance and Budget, or designee, is responsible for the annual and ad hoc review of this policy. The University President is responsible for approval of modifications to this policy.

Approved by President on 08/01/2017. Revised 01/30/2024 (clerical).

Sources: FAA and FCC regulations