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
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.
