DEC logoRULES AND REGULATIONS
Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3313
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 1211
Effective Date: June 2012

974 CMR 10.00 WIRELESS COMMUNICATIONS

10.03 Definitions

For purposes of 974 CMR 10.00, the definitions below shall take precedence over words defined otherwise in other Rules and Regulations and By-Laws of the DEC.

    ACT: The Communications Act of 1934, as it has been amended from time to time, including the Telecommunications Act of 1996, and future amendments.

    ANTENNA: Any exterior apparatus designed for telephonic, radio, or television communications through sending and/or receiving of electromagnetic waves.

    CAMOUFLAGED: Made to resemble a man-made architectural/structural feature of the host building or structure; situated within an existing architectural feature or appurtenance in order to conceal the proposed facility; or painted or decorated in order to hide or conceal the facility from public view.

    CO-LOCATION: The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.

    GRADE: The lowest point of elevation of the finished surface of the ground (after grading), paving, or sidewalk within the area between the structure and the property line or, when the property line is more than five (5) feet from the structure, between the structure and a line five (5) feet from the structure as measured by the Director.

    HEIGHT: The vertical distance measured from the base of the antenna support structure at grade to the highest point of the facility.

    INTERNAL INDUSTRIAL STREET: A local street whose sole function is to provide access to abutting industrial properties and to other roads from other industrial properties.

    LICENSED CARRIER: A company that is in the telecommunications business by means of Federal Communications Commission (FCC) authorization or license, in order to provide licensed mobile radio and telecommunications services to individual, businesses or institutions.

    MONOPOLE: A single shafted, self-supporting vertical pole without guy wires, for the purpose of supporting wireless communications equipment.

    PLANNED PUBLIC RIGHTS OF WAY: The proposed location of a public way as shown on the most recently adopted Master Plan of Devens.

    SCREENING: Refers to any method - other than direct architectural treatment or encasement (see CAMOUFLAGE above) - used to attain significant visual attenuation or concealment of a facility. May include any of the following or combinations thereof: natural vegetation; landscaping; topographic features; visually impermeable fencing; or buildings and other structures which clearly limit view of the facility from a public way or publicly accessible open space.

    SETBACK: The distance between the outer most edge of the facility, including any structure thereof, and the lot line, the district zoning boundary line, the boundaries of Devens, the line of the street right-of-way, or other specified feature as more particularly set forth in 974 CMR 10.06(3).

    TOWER: A support structure for wireless communications equipment involved in the transmission, receiving or relaying of electromagnetic signals. The term includes radio and television towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.

    WIRELESS COMMUNICATIONS FACILITY ("FACILITY"): Any or all equipment, buildings and other structures with which a licensed carrier transmits, receives or relays the electromagnetic (or radio frequency or television signals, or any other spectrum based transmissions or receptions) waves which carry their services.


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