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1995 Connecticut Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagct0014 and id is 1 raw text is: 1995 Formal Opinion, Attorney General of Connecticut Attorney General's Opinion Attorney General, Richard Blumenthal January 17, 1995 Hon. Mortimer A. Gelston Chairman Connecticut Siting Council 136 Main Street, Suite 401 New Britain, CT 06051-4225 Dear Chairman Gelston: You have requested our opinion regarding the legal status of a tower to be used by WHUS, the radio station funded by student activity fees at the University of Connecticut at Storrs (the University). Specifically, you have asked whether the tower, on which the Department of Public Safety, Division of State Police (the State Police) intends to place telecommunications equipment, is owned or operated by the state within the meaning of the Public Utility Environmental Standards Act (PUESA), Conn. Gen. Stat. § 16-50i(a)(6). If the WHUS tower is a tower owned or operated by the state, its construction and modification must comply with the requirements of the PUESA and the regulations promulgated thereunder. We understand the facts to be as follows: The State Police have filed with the Connecticut Siting Council (the Council) a proposed modification to a telecommunications tower by which the State Police would place antennas on a tower to be constructed and used by the WHUS radio station. By doing so, the State Police are requesting an exemption under Conn. Agencies Regs. § 16-50j-72 from the certification requirements of the PUESA. WHUS is a radio station funded by student activity fees at the University and purports to be the owner of the tower. WHUS is not separately incorporated. Although the statutes governing student activity funds allow for student control of such funds, this option for student control has not been exercised. WHUS's license from the Federal Communications Commission (FCC) is held by the University Board of Trustees. The land on which the tower will be located is owned by the University. The State Police, WHUS and the University have entered into a license agreement under which WHUS is responsible for the erection of a 320 foot tower on and adjacent to which the State Police shall have the right to place its telecommunications equipment. The PUESA gives the Council jurisdiction over the siting of certain telecommunications towers. Specifically, Conn. Gen. Stat. § 16-50i(a)(6) defines telecommunications towers within the Council's jurisdiction as including towers owned or operated by the state. As it appears from the facts presented that WHUS is the owner of the tower, the question raised is whether WHUS is part of the state within the meaning of § 16-50i (a)(6).c In enacting the PUESA, the General Assembly found that telecommunication towers have had a significant 1995-001 Page 1 of 3

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