HomeMy WebLinkAbout05-13-16 Skinger, Midtown Rezoning, Public Comment Erica Adams Skinger, 815 North Fifth Ave., #7, Bozeman, Montana 59715 (406) 586-5090
ericaskinger20l4@gmaii.com
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/ MAY 13 2016
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Quotes from the Bozeman Community Plan pertaining to technology, pollution, and the natural
environmental amenity of the great views in Bozeman, Montana.
Selected by Erica A. Skinger, May 11, 2016
Goal G-2 "Ensure that regulatory and non-regulatory implementation actions undertaken by the City to
achieve the goals and objectives of this plan are effective,fair, and are reviewed for consistency with
this plan on a regular basis."
"What is common to the largest number has the least care bestowed upon it..." Aristotle
Affirm Bozeman's commitment to the natural environment. 2-1
"A longstanding principle of American government is that the government exists to serve the citizens.
The principle role of government has been to protect the public and individual health, safety, and
welfare:...establishment of standards; provision of clean drinking water; and others [several omitted]"
"Why Do We Plan? The planning process helps to encourage efficiency and effectiveness in government
by establishing coordinated policies and programs...2-5
"Bring professional and technical knowledge to bear on the making of political decisions concerning the
physical development of the city". 2-5
"3-1: Intent and Background "Then I say the earth belongs to each generation during its own course,
fully and in its own right, but no generation can contract debts greater than can be paid during the
course of its own existence." Thomas Jefferson
"The Future of Housing "Citizen Panels in 2007 identified these desirable attributes of housing—[ in
the list of eleven things, 6th is] health...". 6-5
"Economic Development "...as a community Bozeman endeavors to provide a solid framework in
which hard work and personal accountability is rewarded, a high quality community is maintained, and a
sustainable economy can thrive."
In 1999 the Montana State legislature "enactment of the Growth Policy Act (71-1-601) required
complient growth policies" by a set date. Bozeman wrote ours,the Bozeman Community Plan, leaning
on the Bozeman 2020 Plan that was done by 2001 and had been worked on several years before. The
present edition seems to have been added to with boxes, and other insets
"Bozeman is well positioned for continued economic development due to
• Educated and well trained work force
• Quality primary and secondary education in the community
• Diverse economic sectors...
• Research and technology transfer from MSU
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Page 2
• Beautiful natural setting
"Environmental Quality and Critical Lands The City will work with its neighbors in Gallatin County to
meet the needs of the present without compromising the next generation's ability to meet its needs.
The 2020 recognized that to effectively protect critical lands and maintain environmental quality,the
following ned protection or control [selected list] Air quality; Dark skies; Noise; Noise;View sheds and
ridgelines;Water quality;Wetlands."
"Since 2001,the City adopted the Unified Development Ordinance promulgating policy to create these
protections and controls. See Appendix G for meeting these goals.
"Environmental Quality and Critical Lands... Overall,the community has expressed an increased
interest in alternative energy resources. The Department of Planning and Community Development has
received several inquiries about regulations addressing the use of solar and wind power equipment. The
growing desire to utilize these alternative energy resources throughout the community will require the
City to take a closer look at what types of equipment are compatible with the other established
priorities for its citizens when amending the UDC(Chapter 18 BMC) and updating the Bozeman Design
Objectives Plan ..." 9-2
"...Building Code ensuring building construction within the requirements of the International Energy
Conservation Code..."
"...results in Bozeman community desires:
• minimized sprawl
• protected public health
• reduced loss of habitat
• protected wetlands
• reduced impacts to air and water quality
• conservation of open space and agricultural land. " 9-3
"Goal E-2 Ensure good environmental quality of water resources, air, and soils helps protect the
health, safety,and welfare of Bozeman area residents and wildlife and protects private and public
property."
"Objective E-2.6 Protect and enhance air quality in order to minimize health hazards associated with air
pollution."
"Implementation Policies:4, 12„ 15, 53, 58, 59, 63-68 [some of these might not be air alone]"
"Goal E-5
"Objective E-5.2 Integrate conservation easements and agricultural lands into expanding urban
landscapes."
Page 3
"Objective E-5.3 ...dark skies; light pollution..."
"E-5.4 work with utility providers to ensure appropriate location for new installations"
"E-5.5" ...noise related
"E-5.6 ... walkable, bikeable community..."
"9-4 Future Environmental Quality Needs Maintaining recreation opportunities closer to home is an
established.priority for Bozeman...."
"...maintenance of an adequate transition zone between community and National Forest and..." 9-9
"...wildfire" etc.
"Protecting our air quality may become more challenging as the Bozeman population grows.The efforts
to reduce our greenhouse gas emissions now, may curb the need to impose greater restrictions on
activities impacting our air quality in the future. Even so, increases in our air quality monitoring and
mitigation of impacts may be necessary."
"Staying abreast of the newest technologies and methods for reducing the environmental impacts to
air quality of...are all paramount to maintaining the quality environment we enjoy."
"Objective PS-2.3 Private Utilities Facilitate provision of adequate private utility services within the
City while respecting the character of Bozeman.
"Implementation Policies:76, 89, 90" 12-5
"Hazard Mitigation Plan February 2006" "...disaster and emergency services..." "hazard reduction..."
"Failure to adequately review and analyze operations, land use proposals, and other private and public
actions can lead to both acute and chronic hazards.Therefore, Bozeman has adopted floodplains
standards, building codes,and infrastructure concurrency. " 13-1
Box "Bozeman Area Manmade Hazards" [The list in the box includes among other things "bioterrorism,"
"terrorism," and "civil unrest"].
"Objective D-1.1: Cooperate and Coordinate with other essential service providers to identify potential
hazards and plan for preparedness, mitigation, response and recovery."
Objective D-1.4: Ensure development standards and review procedures provide for identification and
mitigation of hazards."
Implementation Policies: 2,4, 58, 67,76,78,82-84,86-90. 13-3
Page 4
"Goal D-2: Recognize and strive to address both chronic as well as acute hazards and the effect of
cumulative actions on increasing or decreasing hazards. Some can be inconspicuous and...recognized
only after longer term evaluation."
"Objective D-2.1: prepare long range plans to identify and address cumulative impacts."
"Objective D-2.2: Recognize the overlapping issues of disaster preparedness and mitigation and
environmental protection and sustainability." 13-3
"Objective D-3.3 [for some reason,this follows D-2.21 Identify and pursue resolution of known chronic
or acute health or safety hazards."
"Implementation Policies: 58, 59, 66, 68, 70, 76, 78, 82, 83,84, 86-90."
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Frequently Asked Questions About Transactions I Federal Communications Commission Page 1 of 4
Federal
Communications
Commission
Horne / Proceedings &Actions/Transactions/
FrequentlyAsked uestions
About Transactions
Q: Once parties file their applications with the FCC, what happens next?
A: Once the applications are complete and in compliance with our filing rules, the Commission will issue
a public notice and set a schedule for the public to comment. Commission staff may also send requests
for information to the applicants (and in some cases to third parties)The Commission will evaluate the
economic and public interest implications of the transaction based on the full record developed in the
proceeding.
Q:What is the timeline for review?When do you expect to make a determination?
A:The Office of General Counsel has developed an informal timeline of 180 days for reaching a decision
on most applications. However,the 180 day"shot clock" is a guideline, not a requirement. The clock can
be stopped if the staffs review is delayed for reasons outside the FCC's control, e.g., a change in the
application, delayed submission of information or documents in response to a request from the FCC, or
delay required by another agency or court(e.g., national security requirements or bankruptcy
proceedings). Further, although the Commission seeks to meet the 180-day benchmark in all cases, its
statutory obligation to determine that an assignment or transfer serves the public interest takes
precedence over the informal timeline.
Q:What is the FCC's public interest standard/test?
A: Under section 310(d) of the Communications Act, we determine whether a proposed transaction will
serve the public interest, convenience and necessity. First, we determine if the application complies
with provisions of the Act and our Commission rules. If it does,then we consider whether granting the
application could result in public interest harms by substantially frustrating or impairing the objectives
or implementation of the Communications Act or related statutes. Competition, diversity, localism, and
encouraging the provision of advanced services to all Americans are among the principle objectives of
the Act. We also consider what potential public benefits might occur because of the transaction.
We balance the potential public interest harms against the potential benefits.The Applicants bear the
burden of proving, by a preponderance of the evidence,that the proposed transaction, on balance, will
serve the public interest.
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https://www.fec.gov/reports-research/guides/mergers-frequently-asked-questions 5/6/2016
Frequently Asked Questions About Transactions I Federal Communications Commission Page 2 of 4
Q:What is the best way for the public to comment?Will the Commission establish an email
address?
A: In major transactions, the Commission issues a Public Notice soliciting comments and providing
details about how the comments should be filed. Comments on pending major transactions should be
filed electronically, and the first page of the comments should include the docket number of the
proceeding, which can be found in the public notice or on the web page for the specific transaction.
Where there is no Public Notice, those wishing to file comments should contact the relevant Bureau for
detailed instructions. Comments also may be filed on paper with the FCC's Secretary's Office; the
relevant file numbers or other identifying information must be included on the cover letter and on the
first page of the comments.
Q: Can consumers submit comments using social media?
A: In most cases, public comments are accepted through the Commission's Electronic Comment Filing
System.
Q:What documents are made public?
A: Ordinarily, most documents in the record will be public. The exception is when the Commission asks
the applicants (and sometimes third parties)for competitively-sensitive or otherwise confidential
information. In that case, we will issue a protective order that maintains the information's
confidentiality but allows qualifying attorneys and experts for participating parties to review the
information so they can provide comments and otherwise participate in the proceeding.
Q:Why do some filings contain redacted information?
A: Some filings contain competitively-sensitive or otherwise confidential material that would be harmful
to the party submitting the information if it were publicly available.Typically,the Commission protects
competitively-sensitive and proprietary information and allows parties to redact that information from
the public version of comments or documents that are filed. The information may be reviewed by
qualifying counsel and experts under the Commission's protective orders.
Q:What are the potential outcomes of an FCC transaction review?
A:There are three potential outcomes of the review: if the transaction violates a statute or rule, the
Commission will deny the application; otherwise, the Commission can approve the transaction, with or
without conditions), or, if for any reason it is unable to find that the transaction would serve the public
interest(or if there is a substantial and material question of fact), it must designate the transaction for a
hearing before an Administrative LawJudge.
Q: How does the Commission reach and announce its decision?
A: If the transaction is being considered by the full Commission,the staff from the relevant bureaus and
offices, as well as from the Office of General Counsel, analyzes the transaction and presents a draft
order to the Commissioners, which serves as a basis for their consideration. The Commissioners review
the draft order, suggest edits, and vote whether to approve the applications.The final decision and the
order are determined by a majority of the Commissioners. If the transaction is being reviewed by a
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https://www.fcc.gov/reports-research/guides/mergers-frequently-asked-questions 5/6/2016
Frequently Asked Questions About Transactions I Federal Communications Commission Page 3 of 4
Bureau on delegated authority, the Bureau's staff, along with OGC staff, analyzes the transaction and
prepares a draft order. The Bureau Chief reviews the draft order, makes edits, and decides whether to
approve the transaction. Any party to the proceeding may ask the Commissioners to review that
decision.
Q:What happens if the FCC doesn't find the deal in the public interest?
A:The Commission is required by the Communications Act to designate the applications for a hearing
with an Administrative Law Judge if it cannot approve the applications, even with conditions. If the
order designates the application for a hearing, the applications will go before an ALJ for a hearing and
an initial decision, where the applicants still have the burden of proof. The full Commission will then
vote whether to approve the applications.
Q:What does"the FCC is unable to find" mean - is it that the full Commission can't agree on the
review team's recommendation?
A: It is the applicants' burden to persuade the Commission that it should grant their applications. If they
cannot persuade the Commissioners (or a Bureau Chief in the case of a transaction being reviewed on
delegated authority)that granting their applications, even with conditions, would serve the public
interest, the Commission must set the applications for a hearing before an ALJ.
Q:What are DOJ and FCC's roles in merger review? Does the FTC have a role?
A: Broadly, both the Department of Justice and the Federal Trade Commission review mergers under
the antitrust laws to determine whether they will substantially lessen competition but only one of them
reviews any particular transaction.
Q: How does the DOJ's and FTC's review differ from the FCC's?
A:The antitrust agencies conduct a confidential investigation, and if they believe that consummation of
the merger would violate the antitrust laws, they must go to court to stop the merger or get approval
for a settlement that will prevent any competitive harms.
The FCC reviews transactions under the Communications Act to determine whether they serve the
public interest. The review process includes public comment and the decision must be based on the
public record.The FCC's review takes into account public interest concerns broader than strict antitrust
issues, including spectrum aggregation, universal service, localism and diversity.
Q: How do the agencies coordinate?
A: Looking at past transactions, the Department of Justice and the FCC have worked very successfully
together to further their understanding of the issues, sharing their respective expertise. We coordinate
with DOJ informally at both the top levels and the staff levels. We try to ensure that we do not create
duplicate work or place excessive burdens on any of the parties. We work together to avoid conflict
between the necessary remedies.
Date Last Updated/Reviewed:
Thursday,July 10, 2014- 12:OOam
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https://www.fcc.gov/reports-research/guides/mergers-frequently-asked-questions 5/6/2016