The purpose of this article is to govern the placing of utilities,
poles, wires and equipment, including personal wireless telecommunications
facilities, within the Town's public right-of-way, in order to
lessen the danger to the traveling public, facilitate the maintenance
of storm- and surface water drainage systems, regulate underground
and above-ground utilities, protect the community's investment
in public streets and roads, and to protect the health, safety and
welfare of the Town of Bedford. The purpose of this article is also
to minimize the negative and adverse visual and aesthetic impacts
of utilities, including personal wireless telecommunication facilities
in the right-of-way, to the maximum extent practicable.
As used in this article, the following terms shall have the
meanings indicated:
FCC
The Federal Communications Commission of the United States.
PERSONAL WIRELESS TELECOMMUNICATION FACILITY or PWSF or FACILITY
Any "PWSF" as defined in the federal Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C)(ii), including facilities
used or to be used by a licensed provider of personal wireless services,
including all small cell installations. A PWSF includes the set of
equipment and network components, exclusive of the underlying tower
or mount, including, but not limited to, antennas, accessory equipment,
transmitters, receivers, base stations, power supplies, cabling, and
associated equipment necessary to provide personal wireless service.
RIGHT-OF-WAY
The area of land which constitutes a public way under RSA
229:1. This area shall include, but not be limited to, the area of
any road as laid out, the area within the property lines of any land
deeded to the Town for highway purposes, or the extent (including
reasonable adjoining areas) of any public way established by prescription.
SMALL CELL INSTALLATION
All equipment required for the operation and maintenance
of so-called "small cell" wireless communications systems that transmit
and/or receive signals, including antennas, microwave dishes, power
supplies, transformers, electronics, and other types of equipment
required for the transmission of telecommunication signals.
TOWN
The Town of Bedford, New Hampshire or any affiliate or political
subdivision of the Town.
UTILITY POLE
A structure owned and/or operated by a public utility, municipality,
electric membership corporation, or rural electric cooperative that
is designed specifically for and used to carry lines, cables, or wires
for telephone, cable television, or electricity, or to provide lighting.
The placement, installation, and maintenance of all utilities,
poles, wires, and equipment, including equipment for personal wireless
telecommunications facilities in the right-of-way, shall be governed
by the provisions of RSA 231:159 et seq.