Definitions. As used in this section, the following terms shall have the meanings indicated:
ANTENNA An apparatus designed for the purpose of emitting radio frequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communication Commission authorization, for the provision of personal wireless services and any commingled information services. For purposes of this definition, the term "antenna" does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Part 15 (Radio Frequency Devices).
ANTENNA EQUIPMENT Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when co-located on a PWSF structure, is mounted or installed at the same time as such antenna.
BASE STATION Shall have the definition in the FCC's regulations at 47 CFR 1.6100.
CO-LOCATION and/or CO-LOCATE The mounting or installation of an antenna facility on a preexisting PWSF structure, or the modification of a PWSF structure for the purpose of mounting or installing an antenna facility on that PWSF structure.
DEPLOYMENT The placement, construction, or modification of a personal wireless service facility.
EFFECTIVE PROHIBITION Denial by the Town of a PWSF approval or permit for a personal wireless service facility that is the least intrusive means of remedying a significant gap in personal wireless service coverage (the ability of wireless telephones to make and receive voice calls to and from landlines that are connected to the national telephone network).
ELIGIBLE FACILITIES REQUEST A request that meets the requirements in 47 CFR 1.6100 for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and involving:
(1) Co-location of new transmission equipment;
(2) Removal of transmission equipment; or
(3) Replacement of transmission equipment.
FAA The Federal Aviation Administration.
FACILITY See "personal wireless service facility or PWSF."
FCC The Federal Communications Commission.
HEIGHT The distance measured from the preexisting grade level to the highest point of a personal wireless service facility.
IN-KIND CALL TESTING Testing designed to measure the gap in personal wireless service coverage asserted by an applicant. In-kind call testing for a claimed gap in personal wireless services in buildings means call testing performed in buildings to establish the existence or absence of such a gap, unless the applicant provides an affidavit sworn under penalties of perjury demonstrating good faith but unsuccessful attempts to secure access to buildings to conduct such testing. In-kind call testing for a claimed gap in personal wireless services in vehicles or in the open air means call testing performed in vehicles or in the open to establish the existence or absence of such a gap.
LAST-MINUTE SUBMISSIONS An applicant's submission of new and/or additional materials in support of an application within 48 hours of the expiration of an applicable shot clock period, or at an otherwise unreasonably short period of time before the expiration of the shot clock period, making it impracticable for the Planning Board, Director of Planning or Director of Code Enforcement to adequately review and consider such submissions due to their complexity, volume, or other factors before the expiration of the shot clock period.
LEAST INTRUSIVE MEANS The location and design of a personal wireless service facility that would remedy a significant gap in personal wireless service coverage and 1) does the least disservice to the objectives stated in §
270-219A(2), and 2) deviates as little as possible from a) the preferential order of location in Subsection
K (Priority of siting locations) and b) applicable design standards in Subsection
L.
MAINTENANCE Plumbing, electrical, or mechanical work that may require a building permit but that does not constitute a modification to the personal wireless service facility. It is work necessary to assure that a facility exists and operates reliably and in a safe manner, presents no threat to persons or property, and remains compliant with the provisions of this chapter and FCC requirements.
NEPA The National Environmental Policy Act, 42 U.S.C. § 4321 et seq.
NHPA The National Historic Preservation Act, 54 U.S.C. § 300101 et seq., and its regulations at 36 CFR Part 800 et seq.
NODE A fixed antenna and antenna equipment installation that operates as part of a system of spatially separated antennas, all of which are connected through a medium through which they work collectively to provide personal wireless services.
OCCUPATIONAL EXPOSURE LIMITS The applicable radiofrequency radiation exposure limits set forth within 47 CFR 1.1310(e)(1), Table 1, Section (i), made applicable pursuant to 47 CFR 1.1310(e)(2).
PERMITTEE A holder of a personal wireless service facility permit.
PERSONAL WIRELESS SERVICE FACILITY or PWSF An antenna facility and a PWSF structure, or any components thereof, used for the provision of personal wireless service, whether such personal wireless service is provided on a stand-alone basis or commingled with other wireless communications services.
PWSF Personal wireless service facility.
PWSF STRUCTURE A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services). "PWSF structure" also includes the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, and cabinets associated with that PWSF structure but not installed as part of an antenna.
REPAIRS The replacement or repair of any components of a personal wireless service facility where the replacement is substantially identical to the component or components being replaced, or for any matters that involve the normal repair and maintenance of a facility without the addition, removal, or change of any of the physical or visually discernible components or aspects of a facility that will impose new visible intrusions of the facility as originally permitted.
SEQRA The New York State Environmental Quality Review Act (New York Environmental Conservation Law Article 8), and its implementing regulations at 6 NYCRR Part 617.
SHOT CLOCK PERIOD The sum of the number of days specified by federal regulation as the presumptively reasonable time for the Town to act on the relevant personal wireless services facility application type, plus the number of days of any applicable tolling period, per 47 CFR 1.6003.
SHPO The New York State Historic Preservation Office.
SMALL WIRELESS FACILITY A personal wireless service facility that meets all the following criteria:
(1) The facility:
(a) Is mounted on a PWSF structure 50 feet or less in height, including its antennas; or
(b) Is mounted on a PWSF structure no more than 10% taller than other adjacent structures; or
(c) Does not extend the existing PWSF structure on which it is located to a height of more than 50 feet or by more than 10%, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the PWSF structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the PWSF structure, is no more than 28 cubic feet in volume;
(4) CFR Part 17oes not require antenna structure registration under 47 CFR Part 17 — (Construction, Marking, and Lighting of Antenna Structures);
(5) The facility is not located on tribal lands, as defined under 36 CFR 800.16(x); and
(6) The facility will not result in human exposure to radio frequency radiation in excess of the applicable FCC safety standards set forth within Table 1 of 47 CFR 1.1310(e)(1).
STEALTH A design or treatment that minimizes adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and generally in the same area as the requested location of a personal wireless service facility. This shall mean building the least visually and physically intrusive facility under the facts and circumstances.
TCA The Telecommunications Act of 1996, 47 U.S.C. § 332(c).
TOLLING or TOLLED The pausing of the running of the time period under the applicable shot clock period.
TOWER A structure built for the sole or primary purpose of supporting FCC-licensed or -authorized antennas. The term "tower" also includes the on-site fencing, equipment, switches, wiring, cabling, power sources, shelters, and cabinets associated with that tower but not installed as part of an antenna.
WIRELESS CARRIERS Companies that provide personal wireless services to end-use consumers.