§ 1602. Findings of public policy. The General Assembly finds and declares as follows: (1) To foster economic development in this State, responsible and reasonable investment in and development of wireless communications systems employing advanced technology shall be encouraged as an integral part of the State’s infrastructure. (2) The design, engineering, permitting, construction, modification, maintenance, […]
§ 1604. Applicability; exclusive use prohibited. (a) The provisions of this chapter shall only apply to activities of a wireless provider within the ROW, over which the Department has absolute control. (b) The Department may not enter into an exclusive arrangement with any person for use of the ROW for the construction, operation, marketing, or […]
§ 1605. Fees. The Department may not charge a wireless provider an application fee or fee or rate for the use of the ROW with respect to the construction, installation, mounting, maintenance, modification, operation, or replacement of a wireless facility or small wireless support structure in the ROW, including collocation in such ROW. However, wireless […]
§ 1606. Right of access. (a) To the extent permitted by this chapter, a wireless provider shall have the right to collocate wireless facilities and install, construct, modify, maintain, and operate utility poles, small wireless support structures, along, across, upon, and under the ROW subject to the following requirements. (b) The Department may impose requirements […]
§ 1607. Use and occupancy agreement. (a) The Department is authorized to enter into use and occupancy agreements with wireless providers for the accommodation of wireless facilities in the ROW under terms that: (1) Protect the safety of travelers on Delaware’s roadways; (2) Minimize conflicts with the use of the State’s ROW for the primary […]
§ 1608. Relocation of small wireless facilities. Whenever it becomes necessary to relocate any wireless facility due to expansion of the transportation system or if it is found to interfere unreasonably with the ingress and egress to adjacent properties or their development, or for reasons deemed in the public interest by the Department, the wireless […]
§ 1609. Permits. (a) The wireless provider shall acquire 1 or more permits to collocate a small wireless facility or construct, modify, maintain, and operate utility poles or small wireless support structures in the ROW provided such permits are of general applicability and do not apply exclusively to wireless facilities. (b) The Department shall receive […]
§ 1610. No discrimination. The Department, in the exercise of its administration and regulation related to the management of the ROW must be competitively neutral with regard to other users of the ROW, including that terms may not be unreasonable or discriminatory and may not violate any applicable law. 81 Del. Laws, c. 159, § […]
§ 1611. Limitation of ROW authority. The approval of the installation, placement, maintenance, or operation of a small wireless facility pursuant to this section does not authorize the provision of any voice, data, or video communications services or the installation, placement, maintenance, or operation of any communications facilities other than small wireless facilities in the […]
§ 1612. Damage and repair. The Department may require a wireless provider to repair all damage to the ROW directly caused by the activities of the wireless provider, while occupying, installing, repairing or maintaining wireless facilities, small wireless support structures or utility poles in the ROW and to return the ROW to its functional equivalence […]
§ 1613. Access to department land and structures. The Department will allow for the collocation of small wireless facilities on department poles as determined by the Department subject to the following: (1) A person owning or controlling department poles may not enter into an exclusive arrangement with any person for the right to attach to […]
§ 1614. Collocation on department wireless support structures, utility poles and land outside the ROW. The Department may authorize wireless facilities on small wireless support structures, other structures that exceed the height limitations in § 1606(g) of this title, and utility poles on lands owned or controlled by the Department that are not located within […]
