Exhibit J - PLZU-25-0003 AT&T Cell Tower Conditional Use Permit-Applicant Response to Opposition Letter-PZ20260127

Aaron M. Shank 
ashank@porterwright.com 
 
Porter Wright 
Morris & Arthur LLP 
41 South High Street 
Suites 2800-3200 
Columbus, OH 43215 
 
Direct:  614.227.2110 
Fax:  614.227.2100 
 
 
 
www.porterwright.com 
 
 
January 14, 2026 
VIA EMAIL 
Adam Copeland, Deputy Director of Planning  
     (acopeland@buckeyeaz.gov)  
Patricia Cooley, Planner II  
     (pcooley@buckeyeaz.gov)  
Planning and Zoning Commission 
City of Buckeye 
City Hall 
530 East Monroe Avenue 
Buckeye, AZ  85326 
 
 
RE: 
AT&T Proposed Cell Tower 
 
 
26103 West Highway 85 
 
 
City Case No. PLZU-25-0003 
 
 
AT&T Site ID AZL01655 
 
Dear Mr. Copeland, Ms. Cooley, Chair Burton, Vice Chair DiMascio, and 
Commissioners: 
 
I write on behalf of my client, New Cingular Wireless PCS, LLC d/b/a 
AT&T Mobility (AT&T), to provide key information about the siting of AT&T’s 
proposed 95-foot-tall wireless telecommunications facility, disguised as a tree, 
at 26103 West Highway 85, Buckeye, AZ 85326. An issue was raised in 
connection with this matter as to whether the tower as proposed and designed 
meets the requirements of the Federal Aviation Administration. As explained 
below, the project indeed meets the applicable federal safety requirements. 
 
The Proposed Tower Meets FAA Safety Requirements 
 
 
As proposed, the tower is to be constructed on property adjacent to a 
private airfield. The neighboring property owner of that airfield contends the 
tower does not comply with federal airspace safety rules. This is incorrect. In 
his letter of December 23, 2025, the property owner’s attorney asserts the 
tower is 100 feet tall, will be placed 300 feet from his client’s runway, and will 
be unsafe because it does not meet a 7:1 slope calculation. But the 95-foot 
tower will be over 560 feet from the runway centerline and, as the property 
owner’s attorney concedes, the 7:1 slope calculation does not apply to this 
private airfield.  
 
 
The FAA, which has plenary authority over air navigation safety, requires 
a site-specific study to determine the safety of placing structures near airports. 
Rather than merely assuming an inapplicable rule defines air safety around 
the subject airfield, the FAA conducted a site-specific analysis and determined 
that AT&T’s proposed tower is not a hazard to air navigation. The FAA’s 
investigation was performed pursuant to federal law, 49 U.S.C § 44718, and 
the analysis considered the proposed tower’s precise location, height, and 
radio frequencies. The FAA’s investigation also specifically analyzed the 
proposed tower in context of the existing airfield.

January 14, 2026 
Planning and Zoning Commission 
Page 2 
 
 
 
 
 
27201807.1
On August 7, 2025, the FAA issued its Determination of No Hazard to Air Navigation report, 
which was submitted to the city as part of AT&T’s pending application. The FAA’s report states explicitly 
that the determination concerns the “safe and efficient use of navigable airspace by aircraft.” Thus, 
AT&T’s proposed tower meets FAA safety standards.  
 
 
While the proposed tower complies with federal safety requirements, AT&T is in dialogue with the 
airfield property owner in an effort to resolve this matter. In fact, AT&T’s project team is hopeful that 
relatively small modifications to the proposed tower and the project site will eliminate the concerns raised. 
AT&T has also been in contact with City Staff regarding the process for a revised proposal, and AT&T 
understands the matter can be handled within the context of the pending application. If an agreement can 
be reached, AT&T will accept appropriate conditions of approval allowing for the revised proposal.  
 
Proposed Tower Will Close A Significant Gap And Serve First Responders 
 
 
AT&T’s proposed tower is sorely needed to improve cell service in the surrounding area. In 
addition to serving residents, businesses, and visitors to this area, the proposed tower will provide 
FirstNet services to first responders. FirstNet is the first-ever nationwide first-responder wireless network. 
The proposed tower will provide new service on Band 14, which is the nationwide high-quality spectrum 
set aside by the U.S. government for public safety. Deployment of FirstNet in the subject area will improve 
public safety by putting advanced wireless technologies into the hands of public safety agencies and first 
responders. Moving forward with this project will ensure adequate wireless service to many hundreds – 
likely thousands – of residents, businesses, and visitors to the city.  
 
Conclusion. 
 
 
AT&T is diligently seeking to provide and improve wireless services in this portion of the city. We 
urge the Planning and Zoning Commission to approve AT&T’s application. Doing so will foster critical 
infrastructure to meet ever-growing demands for reliable wireless services.  
 
Sincerely, 
 
 
 
 
Aaron M. Shank 
 
cc:  
  
Ivan Ocegueda, AT&T (io109k@att.com)  
 
Misty Hunter, Smartlink (misty.hunter@smartlinkgroup.com)  
 
Alisha Strasheim, Smartlink (alisha.strasheim@smartlinkgroup.com)  
 
Bill Koning, Smartlink (bill.koning@smartlinkgroup.com)   
 
David R. Baker, Esq., (DAVE@wmbattorneys.com)