reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 2 - Hearing, General Provisions › Section 16-50j-20 - Place of hearings

Current through July 10, 2024
Hearings shall be held at times and locations specified
						by the Council pursuant to Sections
						16-50m and
						22a-119
						of the Connecticut General Statutes.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 2 - Hearing, General Provisions › Section 16-50j-21 - Notice of hearings

Current through July 10, 2024
(a)
Persons
					 notified.
(1) Not later than one week
					 after the fixing of the date, or not less than 30 days prior to a hearing date,
					 whichever is later, the Council shall, mail written notice of a hearing in any
					 pending matter to all parties and intervenors, to all persons or groups of
					 parties otherwise required by statute to be notified, to such other persons as
					 have filed with the Council their written request for notice of hearing in a
					 particular matter, and to such additional persons as the Council directs. The
					 Council shall give notice by newspaper publication and by such other means as
					 it deems appropriate and advisable.
(2) The newspaper publication shall be
					 published as specified in Section
					 16-50m(c)
					 of the Connecticut General Statutes.
(3) The applicant or petitioner shall post a
					 sign that is visible to the public at least 10 days prior to the public hearing
					 not less than six feet by four feet at or in the vicinity of where the proposed
					 facility would be located informing the public of the name of the applicant or
					 petitioner, the type of facility, the hearing date and location, and contact
					 information for the Council.
(4)
					 The applicant or petitioner shall provide notice of the date on or about which
					 the application or petition will be filed with the Council to each person
					 appearing of record as an owner of property that abuts the primary or
					 alternative sites on which the proposed facility would be located. Pursuant to
					 Section
					 16-50
l
of the Connecticut General Statutes, applicants shall
					 publish notice of the date on or about which the application will be filed with
					 the Council in such newspapers that will serve to substantially inform the
					 public. The applicant or petitioner shall provide a copy of such proof of
					 notice and publication, as applicable, in the application or petition that is
					 submitted to the Council.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 2 - Hearing, General Provisions › Section 16-50j-22 - Representation of parties

Current through July 10, 2024
Each person making an appearance before the Council as an
						attorney, agent, or representative of any person, firm, corporation, or
						association subject to the Council's regulatory jurisdiction in connection with
						any contested case or petition for a declaratory ruling shall promptly notify
						the Council in writing in order that the same may be made a part of the record
						of the contested case or petition for a declaratory ruling.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 2 - Hearing, General Provisions › Section 16-50j-22a - Conduct of proceedings

Current through July 10, 2024
(a)
Procedural Conferences.
The Council may schedule a procedural conference either
						on its own initiative or upon written request by a party or intervenor. At such
						conference, the Council shall consider matters including, but not limited
						to:
(1) The schedule for the
					 proceeding;
(2) The exchange of
					 pre-hearing interrogatories and pre-filed testimony, exhibits, witness lists
					 and items to be administratively noticed in the proceeding;
(3) The location(s) of the sign(s) to be
					 erected pursuant to Section
					 16-50j-21(a)(3)
					 of the Regulations of Connecticut State Agencies; and
(4) Any other matters that may facilitate the
					 proceeding.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 2 - Hearing, General Provisions › Section 16-50j-24 - Rules of conduct

Current through July 10, 2024
Where applicable, the canons of professional ethics and
						the canons of judicial ethics adopted and approved by the judges of the
						superior court govern the conduct of the council, state employees serving the
						council, and all attorneys, agents, representatives, and any other persons who
						shall appear in any proceedings or in any contested case before the council in
						behalf on any public or private person, firm, corporation, or
						association.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 16-50j-25 - General provisions

Current through July 10, 2024
(a)
Purpose
					 of hearing.
The purpose of the hearing in a contested case or a
						petition for a declaratory ruling shall be to provide all parties an
						opportunity to present evidence and cross-examine all issues to be considered
						by the Council and to provide all intervenors an opportunity to present
						evidence and cross-examine such issues as the Council permits.
(b)
Uncontested disposition
					 of case.
Unless precluded by law, any contested case may be
						resolved by stipulation, agreed settlement, consent order, or default upon
						order of the Council. Upon such disposition, a copy of the order of the Council
						shall be served on each party and intervenor.
(c)
Pre-Filed Evidence and
					 Testimony.
At the discretion of the Council, any evidence or
						testimony may be required to be pre-filed by a date specified by the Council.
						All pre-filed evidence and testimony shall be received in evidence with the
						same force and effect as though it were stated orally by the witnesses,
						provided that each such witness shall be present at the hearing at which such
						prepared written testimony is offered, shall adopt such written testimony under
						oath, and shall be made available for cross-examination as directed by the
						Council.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 16-50j-26 - Record

Current through July 10, 2024
(a) The record in each contested case and
					 petition for declaratory ruling shall be maintained by the Council in the
					 custody of the Council's designee and shall include the following:
(1) any notices, petitions, applications,
					 orders, decisions, motions, briefs, exhibits, and any other documents that have
					 been filed with the Council or issued by the Council in written form;
(2) all written evidence of any kind received
					 and considered by the Council;
(3)
					 any questions and offers of proof, together with any objections and rulings
					 thereon during the course of the hearing;
(4) the official transcript of the hearing.
					 The Council shall not be required to include in the transcript duplications of
					 other portions of the record; and
(5) any proposed final decision and
					 exceptions thereto, and the final decision.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 16-50j-27 - Filing of added exhibits

Current through July 10, 2024
(a) Upon order of
					 the council before, during, or after the hearing of a case, any party or
					 intervenor shall prepare and file added exhibits and testimony. A copy of any
					 such additional materials shall be given to all parties and intervenors by the
					 party or intervenor submitting the said material.
(b) Upon a determination by the council that
					 any filing of such additional material by a party or intervenor would be
					 burdensome due to its form or excessive volume, the council may allow for the
					 filing of the material at the office of the council. All parties and
					 intervenors shall be afforded the opportunity to copy and/or inspect such
					 material.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 16-50j-28 - Rules of evidence

Current through July 10, 2024
In accordance with Section
						4-178
						of the Connecticut General Statutes, the following rules of evidence shall be
						followed in contested cases:
(a)
Rules of privilege.
The Council shall give effect to the rules of privilege
						recognized by law in Connecticut. Subject to these requirements and subject to
						the right of any party or intervenor to cross examine, any testimony may be
						received in written form.
(b)
Relevance.
The Council may exclude evidence that is not probative or
						material and that tends not to prove or disprove a matter in issue.
(c)
Testimony.
Pursuant to Section
						16-50j-25 of
						the Regulations of Connecticut State Agencies, in its discretion, the Council
						may accept any oral or written testimony.
(d)
Documentary Evidence.
Pre-filed testimony and other documentary evidence shall
						be produced under oath. Such evidence shall be received by the Council in
						written form to expedite the public hearing.
(e)
Cross examination.
Cross examination may be conducted by any party or
						intervenor if it is required by the Council for full and true disclosure of the
						facts. Witnesses may be cross-examined on any pre-filed testimony and documents
						submitted as evidence. If the Council proposes to consider a limited appearance
						statement as evidence, the Council shall give all parties and intervenors an
						opportunity to challenge or rebut the statement and to cross-examine the person
						who makes the statement.
(f)
Administrative Notice.
The Council may take administrative notice of facts in
						accordance with Section
						4-178
						of the Connecticut General Statutes, including prior decisions and orders of
						the Council and any exhibit admitted as evidence by the Council in a prior
						hearing of a contested case.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 16-50j-29 - Order of procedure at hearings

Current through July 10, 2024
In hearings on applications, the party that shall open
						and close the presentation of any part of the matter shall be the applicant. In
						a case where the opening portion has already been submitted in written form as
						provided by these rules, the hearing may open with the cross examination of
						persons who have given written testimony. In the event any person has given
						written testimony and is not available for such cross examination at the time
						and place directed by the council, all of such written testimony may be
						discarded and removed from the record at the direction of the
						council.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 3 - Hearings, Procedure › Section 16-50j-30 - Limited number of witnesses

Current through July 10, 2024
To avoid unnecessary cumulative evidence, the council may
						limit the number of witnesses or the time for testimony upon a particular issue
						in the course of any hearing.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 4 - Hearings, Decision › Section 16-50j-31 - Filing of proposed findings of facts and briefs

Current through July 10, 2024
At the conclusion of the presentation of evidence in any
						hearing, the council shall fix a time within which any party and intervenor may
						file proposed findings of facts and briefs.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 4 - Hearings, Decision › Section 16-50j-32 - Final decision

Current through July 10, 2024
(a)
Procedure
					 and contents.
All decisions and orders of the council concluding a
					 contested case shall be in writing. The decision may include all findings of
					 fact and conclusions of law relied upon by the council in arriving at the
					 decision, the findings of fact and conclusions of law to be separately
					 stated.
(b)
Service.
Parties and intervenors shall be served in the manner
						herein provided with a copy of the findings of fact, opinion, and decision and
						order of the Council. A notice of the issuance of the opinion and decision and
						order shall be published once in each newspaper in which was printed the notice
						of public hearing.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 2 - CONTESTED CASES › Part 4 - Hearings, Decision › Section 16-50j-34 - Original records

Current through July 10, 2024
The applicant shall, upon direction of the council,
						furnish and make available for the use of the council the original books,
						papers, and documents from which any part of the application is derived. If so
						directed, or permitted, certified or verified copies shall be furnished in lieu
						of such original records. Failure to furnish original records may be ground for
						rejecting any component and, if appropriate, for refusing the
						application.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 1 - Petitions Concerning Adoption of Regulations › Section 16-50j-35 - General rule

Current through July 10, 2024
These rules set forth the procedure to be followed by the
						council in the disposition of petitions concerning the promulgation, amendment,
						or repeal of a regulation.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 1 - Petitions Concerning Adoption of Regulations › Section 16-50j-36 - Form of petitions

Current through July 10, 2024
Any interested person may at any time petition the
						council to promulgate, amend, or repeal any regulation. The petition shall set
						forth clearly and concisely the text of the proposed regulation, amendment, or
						repeal. Such petition shall also state the facts and arguments that favor the
						action it proposes by including such data, facts, and arguments either in the
						petition or in a brief annexed thereto. The petition shall be addressed to the
						council and sent to the principal office of the council by mail or delivered in
						person during normal business hours. The petition shall be signed by the
						petitioner and shall furnish the address of the petitioner and the name and
						address of petitioner's attorney, if applicable.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 1 - Petitions Concerning Adoption of Regulations › Section 16-50j-37 - Procedure after petition filed

Current through July 10, 2024
(a)
Decision
					 on petition.
Not later than 30 days after receipt of a petition for
						regulation pursuant to Section
						4-174 of
						the Connecticut General Statutes, the Council shall deny the petition in
						writing or initiate regulation-making proceedings in accordance with Section
						4-168
						of the Connecticut General Statutes.
(b)
Procedure on denial.
If the
					 council denies the petition, the council shall give the petitioner notice in
					 writing, stating the reasons for the denial based upon the data, facts, and
					 arguments submitted with the petition by the petitioner and upon such
					 additional data, facts, and arguments as the council shall deem
					 appropriate.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 2 - Petitions for Declaratory Rulings › Section 16-50j-38 - General rule

Current through July 10, 2024
These rules set forth the procedure to be followed by the
						council in initiating a proceeding or disposing of a petition for declaratory
						rulings as to the applicability of any statutory provision or validity or
						applicability of any regulation, final decision, or order of the council. Such
						a ruling of the council disposing of a petition for a declaratory ruling shall
						have the same status as any decision or order of the council in a contested
						case.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 2 - Petitions for Declaratory Rulings › Section 16-50j-39 - Filing requirements

Current through July 10, 2024
(a)
General.
Any interested person may at any time request a
						declaratory ruling of the Council with respect to the applicability to such
						person of any statute, or the validity or applicability of any regulation,
						final decision, or order enforced, administered, or promulgated by the Council.
						Such request shall be addressed to the Council and sent to the principal office
						of the Council by mail or delivered in person during normal business hours. The
						request shall state clearly and concisely the substance and nature of the
						request; it shall identify the statute, regulation, final decision, or order
						concerning which the inquiry is made and shall identify the particular aspect
						to which the inquiry is directed. The request for a declaratory ruling shall be
						accompanied by a statement of any data, facts, and arguments that support the
						position of the person making the inquiry. Where applicable, Sections
						16-50j-13
						to
						16-50j-17,
						inclusive, of the Regulations of Connecticut State Agencies govern requests for
						participation in the proceeding.
(b)
Form and content.
The form to be followed in the filing of petitions may
						vary to the extent necessary to provide for the nature of the legal rights,
						duties, or privileges involved therein, and to the extent necessary to comply
						with statutory requirements. Nevertheless, all petitions shall include the
						following components:
(1) the purpose
					 for which the petition is being made;
(2) the statutory authority for such
					 petition;
(3) the exact legal name
					 of each person seeking the authorization or relief and the address or principal
					 place of business of each such person. If any petitioner is a corporation,
					 trust association, or other organized group, it shall also give the state under
					 the laws of which it was created or organized;
(4) the name, title, address, and telephone
					 number of the attorney or other person to whom correspondence or communications
					 in regard to the petition are to be addressed. Notice, orders, and other papers
					 may be served upon the person so named, and such service shall be deemed to be
					 service upon the petitioner;
(5)
					 such information as may be required under the applicable provisions of the
					 Uniform Administrative Procedure Act, chapter 54 of the Connecticut General
					 Statutes and the Public Utilities Environmental Standards Act, chapter 277a of
					 the Connecticut General Statutes;
(6) such information as any department or
					 agency of the state exercising environmental controls may, by regulation
					 require;
(7) such information as
					 the petitioner may consider relevant; and
(8) such additional information as the
					 Council may request.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 2 - Petitions for Declaratory Rulings › Section 16-50j-39a - Completeness review

Current through July 10, 2024
(a)
Submission of Petition for Declaratory Ruling to the Council.
No declaratory ruling shall be issued to any person until
						a complete petition containing all information deemed relevant by the Council
						has been filed. Relevant information shall at a minimum include that listed in
						Section
						16-50j-39 of
						the Regulations of Connecticut State Agencies unless an explanation of
						irrelevancy is provided for any item omitted from a petition. The Council will
						reserve final judgment of an item's relevancy.
(b)
Notification of
					 Completeness.
No later than 30 days after receipt of a petition for
						declaratory ruling, the Council shall notify the petitioner in writing as to
						the lack of completeness of the petition. If a petitioner fails or refuses to
						correct any deficiencies in the manner directed and within the time prescribed
						by the Council, the petition may be refused for lack of proper
						submission.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 3 - Miscellaneous Provisions › Section 16-50j-41 - Council investigations

Current through July 10, 2024
The Council may at any time initiate investigations and
						enforcement actions pursuant to Section
						16-50u
						of the Connecticut General Statutes. Orders initiating the investigation shall
						indicate the nature of the matters to be investigated and shall be served upon
						any person being investigated. Upon direction by the Council said person shall
						file with the Council such data, facts, arguments and statement of position as
						shall be necessary to respond to the inquiry of the Council. The presiding
						officer may subpoena witnesses and require the production of records, physical
						evidence, papers and documents to any hearing held in a contested case pursuant
						to Section
						4-177b
						of the Connecticut General Statutes. A motion for a protective order may be
						filed with the Council if the Council requests information that may qualify as
						trade secrets or commercial or financial information as described under Section
						1-210(b)
						of the Connecticut General Statutes, or critical energy infrastructure
						information.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 3 - Miscellaneous Provisions › Section 16-50j-42 - Procedure

Current through July 10, 2024
The rules of practice and procedure set forth in Sections
						16-50j-13
						to
						16-50j-34,
						inclusive, of the Regulations of Connecticut State Agencies for a contested
						case proceeding shall govern any hearing held for the purpose of such an
						investigation.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 3 - Miscellaneous Provisions › Section 16-50j-43 - Intervention under the Environmental Protection Act of 1971

Current through July 10, 2024
Any person or other legal entity authorized by or
						qualifying under the provisions of Sections
						22a-14
						to
						22a-20,
						inclusive, of the Connecticut General Statutes to intervene as a party in any
						proceeding before the Council shall do so in accordance with the provisions of
						these rules and regulations as they may be applicable.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 3 - Miscellaneous Provisions › Section 16-50j-44 - Transferability of certificates

Current through July 10, 2024
(a) No certificate
					 may be transferred without approval of the Council pursuant to Section
					 16-50k
					 of the Connecticut General Statutes.
(b) Any person desiring to transfer a
					 certificate shall jointly submit with the proposed transferee an application to
					 the Council. Such application shall, at a minimum, include the date on which
					 such transfer was agreed upon by the parties to the transfer, an explanation of
					 the reasons for the proposed transfer, and the same information about the
					 transferee which is required of an applicant for a certificate.
(c) The proposed transferee shall agree, in
					 writing, to comply with the terms, limitations, and conditions contained in the
					 certificate.
(d) The Council shall
					 not approve any transfer if it finds:
(1) That
					 such transfer was contemplated at or prior to the time the certificate was
					 issued and that such fact was not adequately disclosed during the certification
					 proceeding; or
(2) That the
					 transferor or transferee, or both, are not current with payments to the Council
					 for their respective annual assessments and invoices under Section
					 16-50v
					 of the Connecticut General Statutes.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 4 - ENERGY FACILITIES › Part 1 - Rules of Practice › Section 16-50j-56 - Finding

Current through July 10, 2024
Pursuant to Section
						16-50i(a) (1) to
						(4), inclusive, of the Connecticut General
						Statutes, the Council finds that each energy site and its associated equipment
						except as specified in Section
						16-50j-57
						of the Regulations of Connecticut State Agencies may have a substantial adverse
						environmental effect and therefore is a facility, and any modification, as
						defined in section
						16-50j-2 a(m)
						of the Regulations of Connecticut State Agencies, to an existing energy site,
						except as specified in Section
						16-50j-57
						of the Regulations of Connecticut State Agencies may have a substantial adverse
						environmental effect.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 4 - ENERGY FACILITIES › Part 1 - Rules of Practice › Section 16-50j-58 - Notice of intent to install an exempt energy component and associated equipment

Current through July 10, 2024
Except as provided under Sections
						16-50j-57(a)
						and
						16-50j-57(d)
						of the Regulations of Connecticut State Agencies, the owner or operator of any
						energy component and associated equipment claiming such component and
						associated equipment are exempt pursuant to Section
						16-50j-57
						of the Regulations of Connecticut State Agencies shall give the Council, the
						property owner of record, if the property owner of record is different from the
						owner or operator of the energy component and associated equipment, and the
						chief elected official of the municipality in which the energy component and
						associated equipment is to be located, notice in writing prior to construction
						of the owner or operator's intent to install such energy component and
						associated equipment, detailing its reasons for claiming exemption under
						Section
						16-50j-57
						of the Regulations of Connecticut State Agencies.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 4 - ENERGY FACILITIES › Part 1 - Rules of Practice › Section 16-50j-59 - Information required

Current through July 10, 2024
In addition to conforming to Section
						16-50
l
of the Connecticut General Statutes and Section
						16-50
l
-2 of the Regulations of Connecticut State Agencies, an
						application for a certificate of environmental compatibility and public need
						for the construction of a new energy facility, or a modification of an existing
						energy facility, as defined in Section
						16-50i(a)(1) to
						(4), inclusive, of the Connecticut General
						Statutes shall include, but not be limited to:
(1) A description of the proposed facility
					 and associated equipment, or modification of an existing facility and
					 associated equipment, including, but not limited to, heights of facility
					 components, special design features, and access roads;
(2) A statement of the need for the proposed
					 facility and associated equipment, or modification of an existing facility and
					 associated equipment with as much specific information as is practicable to
					 demonstrate the need;
(3) A
					 statement of the benefits expected from the proposed facility and associated
					 equipment, or modification of an existing facility and associated equipment
					 with as much specific information as is practicable;
(4)
(A) The
					 most recent U.S.G.S. topographic quadrangle map (scale 1 inch = 2000 feet)
					 marked to show the approximate site of the facility and associated equipment,
					 or modification of an existing facility and associated equipment and any
					 significant changes within a one mile radius of the site; and
(B) a map (scale 1 inch = 200 feet or less)
					 of the lot or tract on which the facility and associated equipment, or
					 modification of an existing facility and associated equipment is proposed to be
					 located showing the acreage and dimensions of such site, the name and location
					 of adjoining public roads or the nearest public road, and the names of abutting
					 owners and the portions of their lands abutting the site;
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 4 - ENERGY FACILITIES › Part 2 - Development and Management Plan › Section 16-50j-60 - Requirements for a Development and Management Plan (D& M Plan)

Current through July 10, 2024
(a)
Purpose.
The Council may require the preparation of full or
						partial Development and Management Plans (D& M Plans) for proposed energy
						facilities, modifications to existing facilities, or where the preparation of
						such a plan would help significantly in balancing the need for adequate and
						reliable utility services at the lowest reasonable cost to consumers with the
						need to protect the environment and ecology of the state.
(b)
When required.
A partial or full D& M plan shall be prepared in
						accordance with this regulation and shall include the information described in
						Sections
						16-50j-61
						to
						16-50j-62,
						inclusive, of the Regulations of Connecticut State Agencies, for any proposed
						energy facility for which the Council issues a certificate of environmental
						compatibility and public need, except where the Council provides otherwise at
						the time it issues the certificate. Relevant information in the Council's
						record may be referenced.
(c)
Procedure for preparation.
The D& M plan shall be prepared by the certificate
						holder or the owner or operator of the proposed facility or modification to an
						existing facility. The preparer may consult with the staff of the Council to
						prepare the D& M plan.
(d)
Timing of plan.
The D& M plan shall be submitted to the Council in
						one or more sections, and the Council shall approve, modify, or disapprove each
						section of the plan not later than 60 days after receipt of it. If the Council
						does not act to approve, modify or disapprove the plan or a section thereof
						within 60 days after receipt of it, the plan shall be deemed approved. Except
						as otherwise authorized by the Council, no clearing or construction shall begin
						prior to approval of applicable sections of the D& M plan by the
						Council.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 4 - ENERGY FACILITIES › Part 2 - Development and Management Plan › Section 16-50j-62 - Reporting requirements

Current through July 10, 2024
(a)
Site
					 Testing and Staging areas.
The certificate holder, or facility owner or operator,
						shall provide the Council with written notice of the location and size of all
						areas to be accessed or used for site testing or staging areas. If such an area
						is to be used prior to approval of the D& M plan, the Council may approve
						such use on terms as it deems appropriate.
(b)
Notice
(1) The certificate holder, or facility owner
					 or operator, shall provide the Council, in writing, with a minimum of two weeks
					 advance notice of the beginning of:
(A)
					 clearing and access work in each successive portion of the site and
(B) facility construction in that same
					 portion.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 5 - Community Antenna Television and Telecommunications Towers › Part 1 - Rules of Practice › Section 16-50j-71 - Finding

Current through July 10, 2024
Pursuant to Section
						16-50i(a) (5) and
						(6) of the Connecticut General Statutes, the
						Council finds that each community antenna television tower or
						telecommunications tower and its associated equipment except as specified in
						Sections
						16-50j-72
						and
						16-50j-88 of
						the Regulations of Connecticut State Agencies may have a substantial adverse
						environmental effect and therefore is a facility; and any modification, as
						defined in Section
						16-50j-2 a of
						the Regulations of Connecticut State Agencies, to an existing tower site,
						except as specified in Sections
						16-50j-72
						and
						16-50j-88 of
						the Regulations of Connecticut State Agencies, may have a substantial adverse
						environmental effect.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 5 - Community Antenna Television and Telecommunications Towers › Part 1 - Rules of Practice › Section 16-50j-73 - Notice of intent to erect an exempt tower and associated equipment

Current through July 10, 2024
Except as otherwise provided under sections
						16-50j-72(a)
						and sections
						16-50j-72(d),
						the owner or operator of any tower and associated equipment claiming such tower
						and associated equipment is exempt pursuant to section
						16-50j-72
						of the Regulations of Connecticut State Agencies shall give the Council, the
						property owner of record, if the property owner of record is different from the
						owner or operator of the tower and associated equipment, and the chief elected
						official of the municipality in which the facility is to be located, notice in
						writing prior to construction of its intent to construct such tower and
						associated equipment, detailing its reasons for claiming exemption under these
						regulations.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 5 - Community Antenna Television and Telecommunications Towers › Part 1 - Rules of Practice › Section 16-50j-74 - Information required

Current through July 10, 2024
In addition to conforming to Section
						16-50
l
of the Connecticut General Statutes and to Section
						16-50
l
-2 of the Regulations of Connecticut State Agencies, an
						application for a certificate of environmental compatibility and public need
						for the construction of a new community antenna television tower and head-end
						structure or telecommunications tower and associated equipment, or modification
						to an existing community antenna television tower and head-end structure or
						telecommunications tower and associated equipment, as defined in Sections
						16-50i(a) (5) and
						(6) of the Connecticut General Statutes,
						shall include, but not be limited to, the following:
(1) A description of the proposed tower and
					 associated equipment, or modification and associated equipment including height
					 and special design features, access roads and power lines, if any;
(2) A statement of the need for the proposed
					 tower and associated equipment, or modification and associated equipment with
					 as much specific information as is practicable to demonstrate the
					 need;
(3) A statement of the
					 benefits expected from the proposed tower and associated equipment, or
					 modification and associated equipment with as much specific information as is
					 practicable;
(4)
(A) The most recent U.S.G.S. topographic
					 quadrangle map (scale 1 inch = 2000 feet) marked to show the approximate site
					 of the tower and associated equipment, or modification and associated equipment
					 and any significant changes within a one mile radius of the site; and
(B) a map (scale 1 inch = 200 feet or less)
					 of the lot or tract on which the tower and associated equipment, or
					 modification and associated equipment is proposed to be located showing the
					 acreage and dimensions of such site, the name and location of adjoining public
					 roads or the nearest public road, and the names of abutting owners and the
					 portions of their lands abutting the site;
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 5 - Community Antenna Television and Telecommunications Towers › Part 2 - Development and Management Plan › Section 16-50j-75 - Requirement for a Development and Management Plan (D& M plan)

Current through July 10, 2024
(a)
Purpose.
The Council may require the preparation of full or
						partial D& M plans for proposed community antenna television towers or
						head-end structures and associated equipment or telecommunications towers and
						associated equipment or a modification to an existing site, where the
						preparation of such a plan would help significantly in balancing the need for
						adequate and reliable utility services at the lowest reasonable cost to
						consumers with the need to protect the environment and ecology of the
						state.
(b)
When
					 required.
A partial or full D& M plan shall be prepared in
						accordance with this Section and shall include the information described in
						Sections
						16-50j-76
						to
						16-50j-77,
						inclusive, of the Regulations of Connecticut State Agencies for any proposed
						facility for which the Council issues a certificate or for a modification to an
						existing site, except where the Council provides otherwise at the time it
						issues the certificate. Relevant information in the Council's record may be
						referenced.
(c)
Procedure for preparation.
The D& M plan shall be prepared by the certificate
						holder of the tower and associated equipment, or modification to an existing
						facility. The preparer may consult with the staff of the Council to prepare the
						D& M plan.
(d)
Timing of plan.
The D& M plan shall be submitted to the Council in
						one or more sections, and the Council shall approve, modify or disapprove each
						section of the plan not later than 60 days after receipt of it. If the Council
						does not act to approve, modify or disapprove the plan or any section thereof
						within 60 days after receipt of it, the plan shall be deemed approved. Except
						as otherwise authorized by the Council, no clearing or construction shall begin
						prior to approval of applicable sections of the D& M plan by the
						Council.
(e)
Notice.
A copy, or notice of the filing, of the D& M plan, or
						any section thereof, or a copy, or notice of the filing of any changes to the
						D& M plan, or any section thereof, shall be provided to the service list
						and the property owner of record, if applicable, at the same time the plan, or
						any section thereof, or at the same time any changes to the D& M plan, or
						any section thereof, is submitted to the Council.
(f)
Changes to plan.
The Council may order changes to the D& M Plan
						including, but not limited to, vegetative screening, paint color, or fence
						design at any time during or after preparation of the plan.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 5 - Community Antenna Television and Telecommunications Towers › Part 2 - Development and Management Plan › Section 16-50j-76 - Elements of a D& M plan

Current through July 10, 2024
(a)
Key
					 map.
The D& M Plan shall include a key map for the site
						that is a reproduction at a scale of 1 inch = 2,000 feet of the most recent
						USGS topographic maps marked to show the site locations of the tower and
						associated equipment.
(b)
Plan drawings.
The D& M plan shall consist of a map or blueprint at
						a scale of 1 inch = 100 feet or less (called "plan drawings") and supporting
						documents, which shall contain the following information:
(1) The edges of the proposed site and of any
					 existing tower and associated equipment sites contiguous to or crossing it, and
					 the identity of the property owner(s) of record of such site(s);
(2) Public roads and public lands crossing or
					 adjoining the site;
(3) The
					 approximate location on the site of each 10-foot contour line;
(4) The approximate location, type, and
					 height of the proposed tower and associated equipment, position of guys,
					 generalized description of foundations, and the location of any utility or
					 other structures to remain on the site or to be removed;
(5) The probable points of access to the site
					 including alternatives or options to the probable points of access;
(6) The edges of existing and proposed
					 clearing areas, the type of proposed clearing at the site, and the location and
					 species identification of vegetation to be cleared;
(7) Sensitive areas and conditions within and
					 adjoining the tower site, including, but not limited to:
(A) Wetland and watercourse areas regulated
					 under Chapter 440 of the Connecticut General Statutes, and any locations where
					 construction may create drainage problems;
(B) Areas of high erosion
					 potential;
(C) Any known critical
					 habitats or areas identified as having rare, threatened, endangered, or special
					 concern plant or animal species listed by federal and state governmental
					 agencies;
(D) The location of any
					 known underground utilities or resources including, but not limited to,
					 electric lines, fuel lines, drainage systems, and natural or artificial, public
					 or private water resources;
(E)
					 Residences or businesses within or adjoining the site that may be disrupted
					 during the construction process; and
(F) Significant environmental, historic and
					 ecological features, including, but not limited to, significantly large or old
					 trees, buildings, monuments, stone walls or areas of local interest.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 5 - Community Antenna Television and Telecommunications Towers › Part 2 - Development and Management Plan › Section 16-50j-77 - Reporting requirements

Current through July 10, 2024
(a)
Supervisory Personnel.
The certificate holder, or facility owner or operator,
						shall submit to the Council contact information for the personnel of the
						contractor assigned to the project.
(b)
Notice.
(1) The certificate holder, or facility owner
					 or operator, shall provide the Council, in writing, with a minimum of two weeks
					 advance notice of the beginning of:
(A)
					 clearing and access work, and
(B)
					 construction of the tower and associated equipment.
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 5 - Community Antenna Television and Telecommunications Towers › Part 2 - Development and Management Plan › Rules of Practice › Section - Telecommunication Tower Development and Management Plan › Section 16-50j-85 to 16-50j-87 - Repealed

Current through July 10, 2024
Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 5 - Community Antenna Television and Telecommunications Towers › Part 3 - Tower Sharing › Section 16-50j-88 - Procedure governed

Current through July 10, 2024
A facility or any modification to a facility that the
						Council has determined satisfies the criteria of this section shall be deemed
						not to have a substantial adverse environmental effect and shall not require a
						certificate pursuant to Section
						16-50k
						of the Connecticut General Statutes. Applications for proposed collocations or
						shared use of facilities, upon Council order approving the collocation or
						shared use, shall qualify for such exemption. The person requesting the
						collocation or shared use of a facility shall provide the Council with
						information in accordance with Section
						16-50aa
						of the Connecticut General Statutes.