Kentucky Public Service Commission

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.

Roger and Janelle Nicolai Filing Evidence of Robert Shelton Statement

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

Roger and Janelle Nicolai Response to Applicants Update on Alternative Site

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

20230914_PSC Notice of Filing Hearing Documents.pdf

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

20230829_PSC Letter Filing IC Memo into the Record.pdf

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.

Roger and Janelle Nicolai Response to Motion for Informal Conference

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

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.

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

Data Request

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.

Roger and Janelle Nicolai Response to Commission Order regarding Witness List

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

Roger and Janelle Nicolai Response

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

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

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

Roger and Janelle Nicolai Final Testimony

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

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

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

Data Request

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

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.

Roger and Janelle Nicolai Response to Public Comment

Roger and Janelle Nicolai Response

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

Janelle Nicolai Additional Information

Roger and Janelle Nicolai Response to Commission Order

Roger and Janelle Nicolai Response to Public Hearing

20220308_PSC Letter Filing Documents into the Record.pdf

Roger and Janelle Nicolai Response to Commission Order

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 [email protected]. 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.

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

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

Roger and Janelle Nicolai Request for Intervention

20211025_PSC No Deficiency Letter.pdf

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

20211015_PSC Acknowledgment Letter.pdf

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