47 C.F.R. § 1.6002

Definitions

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Terms not specifically defined in this section or elsewhere in this subpart have the meanings defined in this part and the Communications Act of 1934, 47 U.S.C. 151 et seq. Terms used in this subpart have the following meanings:

(a) Action or to act on a siting application means a siting authority's grant of a siting application or issuance of a written decision denying a siting application.

(b) Antenna, consistent with § 1.1320(d), means an apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service 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 part 15 of this chapter.

(c) Antenna equipment, consistent with § 1.1320(d), means equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

(d) Antenna facility means an antenna and associated antenna equipment.

(e) Applicant means a person or entity that submits a siting application and the agents, employees, and contractors of such person or entity.

(f) Authorization means any approval that a siting authority must issue under applicable law prior to the deployment of personal wireless service facilities, including, but not limited to, zoning approval and building permit.

(g) Collocation, consistent with § 1.1320(d) and the Nationwide Programmatic Agreement (NPA) for the Collocation of Wireless Antennas, appendix B of this part, section I.B, means—

(1) Mounting or installing an antenna facility on a pre-existing structure; and/or

(2) Modifying a structure for the purpose of mounting or installing an antenna facility on that structure.

(3) The definition of “collocation” in § 1.6100(b)(2) applies to the term as used in that section.

(h) Deployment means placement, construction, or modification of a personal wireless service facility.

(i) Facility or personal wireless service facility means an antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

(j) Siting application or application means a written submission to a siting authority requesting authorization for the deployment of a personal wireless service facility at a specified location.

(k) Siting authority means a State government, local government, or instrumentality of a State government or local government, including any official or organizational unit thereof, whose authorization is necessary prior to the deployment of personal wireless service facilities.

(l) Small wireless facilities are facilities that meet each of the following conditions:

(1) The facilities—

(i) Are mounted on structures 50 feet or less in height including their antennas as defined in § 1.1320(d); or

(ii) Are mounted on structures no more than 10 percent taller than other adjacent structures; or

(iii) Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;

(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in § 1.1320(d)), is no more than three cubic feet in volume;

(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(4) The facilities do not require antenna structure registration under part 17 of this chapter;

(5) The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in § 1.1307(b).

(m) Structure means 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 comingled with other types of services).

[83 FR 51884, Oct. 15, 2018, as amended at 84 FR 59567, Nov. 5, 2019]

Notes of Decisions

Cited in 7 cases (6 in the last 5 years), 2020–2025 · leading case: League of California Cities v. FCC, 118 F.4th 995 (9th Cir. 2024).

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League of California Cities v. FCC, 118 F.4th 995 (9th Cir. 2024). · cites it 6× “” 47 C.F.R. § 1.6002 (k).4 1. Section 704 of the Telecommunications Act In 1996, Congress first addressed local authority over the deployment of personal wireless service facilities—through section 704 of the Telecommunications Act.”

Konover Dev. Corp. v. Waterbury Omega, LLC, 214 Conn. App. 648 (Conn. App. Ct. 2022). “§ 332 ) and regulation ( 47 C.F.R. § 1.6002 ) required the conclu- sion that the space occupied by antennas must be included within the square footage calculation for purposes of determining the applicability of the exception was unavailing because those definitions did not…”

ColfaxNet, LLC v. City of Colfax (E.D. Cal. 2020). “” 13 47 C.F.R. § 1.6002 (m). ColfaxNet counters that the FCC license 14 issued to them indicates “Tree” as the Support Structure Type.”

Extenet Sys., Inc. v. The Twp. of North Bergen, New Jerseys. (D.N.J. 2022). “See 47 C.F.R. § 1.6002 (i), (l). SWFs. PSOMF ¶ 28; Certification of Richard Lambert (“Lambert Cert.”

ExteNet Sys., Inc. v. Vill. of Plandome (E.D.N.Y 2021). “] 47 C.F.R. § 1.6002 (l)(1). Small cells can provide wireless service as little as 40 feet or as much as 600 feet away, depending on the nature of their physical surroundings.”

ExteNet Sys., LLC. v. Vill. of Flower Hill (E.D.N.Y 2022). “See 47 C.F.R. § 1.6002 (l)(1). For approximately seven years, ExteNet has been under contract with Verizon Wireless, a major wireless provider, to build and operate small wireless facilities throughout Long Island.”

Sun State Towers LLC v. Cnty. of Mohave, et al. (D. Ariz. 2025). “A, implemented as 47 C.F.R. § 1.6002 . The Ninth 6 Circuit’s two-pronged test applies here.”

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