Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 19.00 - Small Wireless Facility and New Small Cell Structure Licensing › Section 19.02 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases, when used in
				302 CMR 19.00, shall have the
				meanings respectively ascribed to them in 302 CMR 19.02, except in those
				instances where the context clearly indicates a different meaning or is
				otherwise stated. Whenever any words and phrases used in
				302 CMR 19.00 are not defined
				in 302 CMR 19.02, such word or phrase shall be construed according to its
				generally accepted meaning as noted in a dictionary of general usage.
Boulevard
. Any Roadway, Parkway, Way
				or any portion thereof, under the jurisdictional care, custody or control of
				DCR, between regularly-established curb lines or that part, including medians
				and landscaping, improved and intended to be open and used for vehicular
				traffic 24 hours a day by the public.
Commencement Date
. The date upon
				which a Small Cell License is executed by both DCR and the Licensee.
Commissioner
. The Commissioner of the
				Massachusetts Department of Conservation and Recreation (DCR) or his or her
				designee.
Critical Root Zone
. The area that
				results by measuring outwards from the trunk of a tree 1.25 feet for every inch
				of trunk diameter, with the trunk diameter measured at 4.5 feet above the
				ground.
Cultural Landscape
. A geographic
				area, including both cultural and natural resources and the wildlife or
				domestic animals therein, associated with a historic event, activity, or
				person, or exhibiting other cultural or aesthetic values.
DCR or the Department
. The
				Massachusetts Department of Conservation and Recreation.
FCC
. The Federal Communications
				Commission.
Form Small Cell License Agreement
. A
				form license agreement with fixed, nonnegotiable terms to be executed by DCR
				and a Licensee.
Historic Plantings
. Plants, flowers,
				trees, and shrubs that are part of a significant cultural landscape. Plantings
				may date back to an original landscape design or era, or they may be
				replacement plantings that reflect the original design or help to convey the
				historic character of a cultural landscape.
Historic Property
. Properties
				contained on the Inventory of Historic and Archaeological Assets of the
				Commonwealth, and those listed on the
State Register of Historic
				Places
, as defined in
				950 CMR 71.03:
Definitions
. The State Register contains all of the
				following:
(1) All districts, sites, buildings, or objects determined
				eligible for listing in the
National Register of Historic
				Places
. These include properties listed in the National Register under
				provisions outlined in 36 CFR Part 60 or properties determined eligible for
				listing in the National Register under provisions outlined in 36 CFR Part 63
				.
(2) All local historic districts established pursuant to M.G.L.
				c. 40C or special legislation.
(3) All landmarks designated under local ordinances or
				bylaws.
(4) All structures and sites subject to preservation
				restrictions approved of and held by the Massachusetts Historical Commission
				pursuant to M.G.L. c. 184, § 32.
(5) All historical or archaeological landmarks certified
				pursuant to M.G.L. c. 9, § 27.
(6) All properties listed by the Massachusetts Historical
				Commission pursuant to M.G.L. c. 9, § 26D.
License
. A Form Small Cell License
				Agreement issued by DCR pursuant to its statutory authority and
				302 CMR 19.00, and fully
				executed by DCR and the Licensee.
License Application
. The application
				provided by DCR to parties seeking a Small Cell License.
Licensee
. The party named in a valid
				Small Cell License issued by DCR pursuant to its statutory authority and
				302 CMR 19.00.
Location
. The physical space and the
				space appurtenant thereto which serve as the site of a single installation of
				Small Cell equipment or a single Small Cell Structure.
Massachusetts Historical Commission or
				MHC
. State commission formed under M.G.L. c. 9, § 26.
Parkway
. Any Boulevard, Roadway, Way
				or any portion thereof, under the jurisdictional care, custody or control of
				DCR, between regularly-established curb lines or that part, including medians
				and landscaping, improved and intended to be open and used for vehicular
				traffic 24 hours a day by the public.
Person
. Any individual, corporation,
				firm, partnership, company, association, trust, or other business or nonprofit
				organization; any agency, department, board, commission, quasi-public agency or
				authority of the Commonwealth; and any Federal, municipal, or regional
				governmental or intergovernmental agency, department, board, commission,
				authority, or other entity, or any combination of individuals or entities
				including, but not limited to, those listed above, their agent, trustee,
				executor, receiver, assignee, or other representative thereof.
Right of Way or ROW
. The area within
				the jurisdiction and control of DCR which:
(a) DCR has designated as appropriate for utility easements,
				but in no event greater than ten feet from the outer edge of a Roadway;
				or
(b) is a Roadway, and including, specifically, the area between
				the inner edges of any adjacent paved sidewalks paralleling said Roadway or,
				where there is no paved sidewalk, the land paralleling said Roadway in which,
				in DCR's reasonable determination, a Small Wireless Facility or Small Cell
				Structure may be located without violating applicable health and safety codes,
				and in conformance with generally accepted Roadway design and safety standards
				(including, without limitation, the Manual of Uniform Traffic Control Devices
				and amendments adopted by the Massachusetts Department of Transportation, the
Highway Safety Manual
published by the AASHTO, and/or DCR
				Historic Parkway Preservation Treatment Guidelines), but in no event greater
				than ten feet from the outer edge of the Roadway.
Roadway
. Any Boulevard, Parkway, Way
				or any portion thereof, under the jurisdictional care, custody or control of
				DCR, between regularly-established curb lines or that part, including medians
				and landscaping, improved and intended to be open and used for vehicular
				traffic 24 hours a day by the public.
Shot Clock
. A timing mechanism that
				is used pursuant to the FCC Order for DCR review of License
				Applications.
Small Cell
.
See
definition for
Small Wireless Facility
.
Small Cell Facility
.
See
definition for
Small Wireless
				Facility
.
Small Wireless Facility
. Facilities
				that meet the following conditions:
(a) The facilities:
1. are mounted on structures 50 feet or less in height
				(including the antenna);
2. are mounted on structures no more than 10% taller than other
				adjacent structures; or 3. do not extend existing structures on which they are
				located to a height of more than 50 feet or by more than 10%, whichever is
				greater.
(b) Each antenna associated with the deployment, excluding
				associated antenna equipment, is no more than three cubic feet in
				volume;
(c) All other wireless equipment associated with the structure,
				including the wireless equipment associated with the antenna and any
				preexisting associated equipment on the structure, is no more than 28 cubic
				feet in volume;
(d) The facilities do not require antenna structure
				registration under 47 CFR Part 17 .
(e) The facilities are not located on Tribal lands, as defined
				under
				36
				CFR 800.16(x); and
(f) The facilities do not result in human exposure to radio
				frequency radiation in excess of the applicable safety standards specified in
				47
				CFR 1.1307(b).
Structure
. A pole, tower, building,
				bridge or other structure to which a Small Cell can be attached in compliance
				with
				302 CMR 19.00 and all other
				applicable health and safety codes and design and safety standards applicable
				to a Roadway or a Right of Way.
Way
. Any public highway, private way
				laid out under authority of statute, dedicated to public use, or a Roadway
				under the jurisdiction and control of DCR and defined in 302 CMR 19.02:
Boulevard
,
Parkway
or
Roadway
.