(A) Application for eligible facilities requests. For those applications identified by applicant and determined by the BNS Director to be an eligible facilities request, the application shall be limited to the information necessary for the BNS Director to determine whether an application is an eligible facilities request. The application may not require applicant to demonstrate a need or business case for the proposed modification.
(B) Type of review. Upon receipt of an application for an eligible facilities request pursuant to this subchapter, the BNS Director shall review such application to determine whether the application so qualifies.
(C) Timeframe for review. Within 60 days of the date applicant submits an application seeking approval under this subchapter, the BNS Director shall approve the application unless the BNS Director determines the application is not covered by this subchapter.
(D) Tolling of the timeframe for review. The 60-day review period begins to run when the application is filed and may be tolled only by agreement between the BNS Director and applicant, or in cases where the BNS Director determines that the application is incomplete. The timeframe for review is not tolled by a moratorium on the review of applications.
(1) To toll the timeframe for incompleteness, the BNS Director must provide written notice to applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required for the application.
(2) The timeframe for review begins running again when applicant makes a supplemental submission in response to the BNS Director's notice of incompleteness.
(3) Following a supplemental submission, the BNS Director will notify applicant within ten days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is again tolled in the case of second or subsequent notices. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
(E) Interaction with § 332(c)(7) of the United States Federal Code. If the BNS Director determines applicant's request is not an eligible facilities request, the BNS Director shall notify applicant in writing the application is being construed otherwise and the basis of its determination. The timeframes under §§ 159.103 and 159.104 will begin to run from the issuance of the BNS Director's decision that the application is not an eligible facilities request. To the extent such information is necessary, the BNS Director may request additional information from applicant to evaluate the application under §§ 159.103 and 159.104, pursuant to the limitations applicable to said sections.
(F) Failure to act. In the event the BNS Director fails to approve or deny a request seeking approval under this subchapter within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until applicant notifies the BNS Director in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(Ord. 2598, passed 12-11-2018)