105 CMR, § 122.025 - Personal Wireless Services (PWS) Facilities

(A) The provisions of 105 CMR 122.010 and 122.021 do not apply to personal wireless services (PWS), except as specifically stated in this section.

(B) No person shall operate a Personal Wireless Service facility in the Commonwealth unless and until they have notified the Department and received the approval of the Director. Such approval will be granted in accordance with the requirements of 105 CMR 122.025. Persons wishing to operate a personal wireless service facility must complete and file with the Department an application containing all of the information required by 105 CMR 122.021(A)(1) through (16), as well as the following information:

(1) Copies of any and all applications for a license to construct and/or operate the personal wireless services facility as filed with the Federal Communication Commission pursuant to federal regulations;

(2) Copies of any and all licensees, approvals or authorizations by the Federal Communications Commission permitting the construction and/or operation of the personal wireless facility;

(3) Copies of any and all written statements confirming compliance of the facility with the FCC's Radiofrequency (RF) maximum permissible exposure limits, which are submitted to the FCC in accordance with the requirements of the federal regulations, as well as copies of any "technical information showing the basis" for written statements, as required to be prepared and made available upon request under federal regulations;

(4) Copies of any and all environmental assessment (EAs") discussing the environmental impact of the facility which were prepared by the applicant in accordance with the requirements of the federal regulations, as well as any final environmental impact statements ("EISs") and Records of Decisions ("RODs") prepared by the FCC relating to their approval of the facility; and,

(5) Copies of any and all agreements between the applicant and the owners or operators of other facilities whereby the maximum operating power levels of those other facilities were modified or reduced in order that their aggregate radiofrequency (RF) emission levels allow for the additional radiofrequency (RF) emissions given off by the applicant's facility during normal operation without causing the aggregate level to exceed the federally adopted (RF) Maximum Exposure Limits.

(C) The Director shall grant his approval for a personal wireless service facility once the applicant has submitted all of the information required by this section, and the information submitted indicates that the applicant's facility has been duly and properly approved by the FCC.

(D) The approval to operate shall be deemed to expire and a new Department approval shall be required whenever:

(1) The approval has expired by its own terms; and,

(2) The FCC license for the facility expires by its terms or is deemed to expire under applicable federal law and/or regulations.

Notes

105 CMR, § 122.025