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Home » US Law » 2022 New Hampshire Revised Statutes » Title I - The State and Its Government » Title 12-K - Deployment of Personal Wireless Service Facilities

Section 12-K:1 – Goals; Purpose.

    12-K:1 Goals; Purpose. – I. The federal Telecommunications Act of 1996 regulates the deployment of wireless services in the United States. Its purpose is to make these services available to the American people quickly and in a very competitive manner. Nothing in this chapter is intended to preempt the federal Telecommunications Act. II. The […]

Section 12-K:10 – Application Review.

    12-K:10 Application Review. – Notwithstanding any ordinance, bylaw, or regulation to the contrary, in order to ensure uniformity across New Hampshire with respect to the process for reviewing a collocation application and a modification application, each authority shall follow the following process: I. Collocation applications and modification applications shall be reviewed for conformance with […]

Section 12-K:11 – Limitations on Applications.

    12-K:11 Limitations on Applications. – I. In order to ensure uniformity across New Hampshire with respect to the consideration of every collocation application and modification application, no authority may: (a) Require an applicant to submit information about, or evaluate an applicant’s business decisions with respect to, its designed service, customer demand for service, or […]

Section 12-K:2 – Definitions.

    12-K:2 Definitions. – In this chapter: I. " Accessory equipment " means any equipment serving or being used in conjunction with a PWSF or mount. The term includes utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters, or similar structures. II. " Antenna " means the equipment […]

Section 12-K:3 – Wireless Carriers Doing Business in this State.

    12-K:3 Wireless Carriers Doing Business in this State. – Each carrier or its appointed agent doing business, or seeking to do business, in this state shall: I. Be allowed to construct new towers, provided that these towers comply with municipal regulations for maximum height or maximum allowed height above the average tree canopy height, […]

Section 12-K:4 – Payment of Costs.

    12-K:4 Payment of Costs. – A wireless carrier seeking approval to deploy a wireless communication facility may be required to pay reasonable fees, including regional notification costs, imposed by the municipality in accordance with RSA 676:4, I(g). Source. 2000, 240:1, eff. Aug. 7, 2000.

Section 12-K:5 – Fall Zones.

    12-K:5 Fall Zones. – Zoning ordinances may include provisions for fall zones for new towers and substantial modifications to the extent necessary to protect public safety. Source. 2000, 240:1, eff. Aug. 7, 2000. 2013, 267:5, eff. Sept. 22, 2013.

Section 12-K:6 – Personal Wireless Services Facilities Map.

    12-K:6 Personal Wireless Services Facilities Map. – The director of the department of energy shall develop a personal wireless service facilities map for the state. This map shall include all externally visible tower and monopole PWSF locations in the state, both active and inactive, for all carriers. This map shall also include for each […]

Section 12-K:7 – Regional Notification.

    12-K:7 Regional Notification. – I. (a) Any municipality or other authority which receives an application to construct a new tower or to complete a substantial modification to an existing tower or mount which will be visible from any other New Hampshire municipality within a 20-mile radius shall provide written notification of such application and […]

Section 12-K:8 – Model Ordinances and Guidance.

    12-K:8 Model Ordinances and Guidance. – The director of the department of energy shall develop a set of model municipal ordinances relative to the deployment of personal wireless communications facilities. Prior to development, the director shall hold one or more public hearings and solicit comments from interested parties. The department of energy shall provide […]

Section 12-K:9 – Rulemaking.

    12-K:9 Rulemaking. – The director of the department of energy, after holding a public hearing, shall adopt rules under RSA 541-A to provide sufficient information to municipalities, other state agencies, wireless companies doing business or seeking to do business in this state, and the public. Source. 2000, 240:1. 2003, 319:9. 2004, 257:44. 2012, 171:3, […]