Delaware Code Title 17 Sec. 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 such poles.
(2) Such collocations shall be subject to reasonable, cost-based, competitively neutral and nondiscriminatory rates, fees and terms as provided in an agreement between the Department and the wireless provider.
(3) The Department and wireless provider shall negotiate in good faith to arrive at mutually agreeable contract terms and conditions.
(4) The annual recurring rate to collocate a small cell facility on a department pole shall not exceed the actual, direct and reasonable costs related to the wireless service provider’s use of space on the pole. In any controversy concerning the appropriateness of the rate, the Department shall have the burden of proving that the rates are reasonably related to the actual, direct and reasonable costs incurred for use of space on the pole for such period.
Terms Used In Delaware Code Title 17 Sec. 1613
- Collocate: means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a small wireless support structure or utility pole. See Delaware Code Title 17 Sec. 1603
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Delaware Department of Transportation. See Delaware Code Title 17 Sec. 1603
- Department pole: means a pole owned or operated by the Department in the state right-of-way (ROW), including, a camera pole, roadway lighting pole, traffic signal strain pole and overhead sign structure. See Delaware Code Title 17 Sec. 1603
- Person: means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the Department. See Delaware Code Title 17 Sec. 1603
- Rate: means a recurring charge. See Delaware Code Title 17 Sec. 1603
- Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Delaware Code Title 17 Sec. 1603