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 19.01 - General Provisions

Universal Citation: 302 MA Code of Regs 302.19

Current through Register 1531, September 27, 2024

(1) Purpose. 302 CMR 19.00 sets forth the application requirements and procedures relative to small cell and small wireless facility licensing in public rights of way (ROW) under the jurisdiction, custody, or control of the Department of Conservation and Recreation in compliance with an Order of the Federal Communications Commission entitled In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, (FCC Order) which Order is effective January 14, 2019.

(2) Applicability of Other Regulations.

(a) The installation of Small Wireless Facilities and Structures do not require a Construction and Access Permit pursuant to 302 CMR 11.00: Parkways, Traffic, and Pedestrian Rules.

(b) If any provisions of 302 CMR 11.00: Parkways, Traffic, and Pedestrian Rules conflict with provisions of 302 CMR 19.00, the provisions of 302 CMR 19.00 shall prevail as applied to the installation of Small Wireless Facilities and Structures.

(c) Fees listed in 801 CMR 4.02 "302 Department of Conservation and Recreation" for Construction and Access Permits do not apply to Small Wireless Facilities or Structures.

(d) Fees associated with Small Wireless Facilities or Structures can be found in 801 CMR 4.02(14)(g) "302 Department of Conservation and Recreation".

(3) Construction.

(a)302 CMR 19.00 shall be liberally construed to permit the Department of Conservation and Recreation to discharge its statutory functions.

(b) The Commissioner of the Department of Conservation may, in the public interest, or in an emergency, suspend the application of any section of 302 CMR 19.00.

(c) The Commissioner of the Department of Conservation and Recreation may waive any provision or requirement in 302 CMR 19.00 not specifically required by law when in the Commissioner's judgment strict compliance with such provision or requirement would result in an undue hardship and would not serve to further the intent of M.G.L. c. 21, § 1; M.G.L. c. 132A, § 7; M.G.L. c. 92, §§ 33, 34B, 35, 35A, 37, 38, 41 and 95A; and St. 2003, c. 41.

(d) No provision of 302 CMR 19.00 shall make unlawful any act necessarily performed by any officer or employee of the Department of Conservation and Recreation performed in the line of duty or as part of his or her work duties, or by any person acting as an agent of the Department of Conservation and Recreation or its employees. This shall be true for any person or his or her agents engaged in performing the proper and necessary execution of the terms and conditions of any agreement with the Department of Conservation and Recreation.

(e) In the event the FCC Order is enjoined, temporarily or permanently, or otherwise rendered ineffective or invalid by a court of competent jurisdiction, 302 CMR 19.00 may be suspended or rescinded in whole or in part.

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