(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.

Terms Used In Delaware Code Title 17 Sec. 1606

  • Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. See Delaware Code Title 17 Sec. 1603
  • Applicable codes: means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with the terms of this chapter. See Delaware Code Title 17 Sec. 1603
  • 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
  • Construction: means the first complete building or rebuilding of a highway after it has been converted into a state highway upon a modern engineering design with a permanent foundation of cement, concrete or other equally hard and permanent material and a top dressing of suitable material to economically withstand the wear of the particular traffic to which such highway will probably be subject with an adequate drainage system so that such highway, with reasonable maintenance, can reasonably be expected to endure for upwards of 40 years. See Delaware Code Title 17 Sec. 101
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Delaware Department of Transportation. See Delaware Code Title 17 Sec. 1603
  • ROW: means the area on, below, or above or across public roads, causeways, highways, bridges in the State which have been or may hereafter be constructed, acquired, or accepted by the Department. See Delaware Code Title 17 Sec. 1603
  • Small wireless facility: means a wireless facility that meets both of the following qualifications:

    a. See Delaware Code Title 17 Sec. 1603

  • Small wireless support structure: means : a freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or, other existing or proposed structure that complies with the height restrictions in § 1606(g) of this title designed to support or capable of supporting wireless facilities. See Delaware Code Title 17 Sec. 1603
  • Utility pole: means a pole or similar structure owned by a public utility located in the ROW. See Delaware Code Title 17 Sec. 1603
  • Wireless facility: means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

    1. See Delaware Code Title 17 Sec. 1603

  • Wireless infrastructure provider: means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures, pursuant to an agreement with a wireless service provider. 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
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) The Department may impose requirements that conform to applicable codes on new installations of above ground fixed obstructions within the clear zone of any roadway.

(c) Wireless support structures and facilities shall be so constructed and maintained as not to obstruct or hinder the usual travel or public safety on such ROW or obstruct the legal use of such ROW by other utilities or wireless providers.

(d) The Department shall have the authority to grant an accommodation to access the ROW to a wireless infrastructure provider if it has a contract with a wireless service provider to install, construct, modify, maintain or operate utility poles, small wireless support structures or wireless facilities in the ROW under which such installation or construction is to begin within 1 year of access.

(e) Installation shall be collocated on existing infrastructure already located in the ROW wherever feasible except that the wireless provider shall not attach or otherwise collocate its equipment, facilities, fixtures or any appurtenant structures or devices to state-owned infrastructure except as specified in § 1613 of this title.

(f) The wireless provider shall not attach its equipment, facilities, or fixtures to utility poles or to privately-owned structures without the express written consent of the owner.

(g) (1) Each new or modified utility pole and small wireless support structure installed in the ROW shall not exceed the greater of:

a. Ten feet in height above the tallest existing utility pole in place as of August 31, 2017, located within 500 feet of the new pole in the same ROW; or

b. Fifty feet above ground level.

(2) New small wireless facilities in the ROW may not extend:

a. More than 10 feet above an existing utility pole or small wireless support structure in place as of August 31, 2017; or

b. Above the height permitted for a new utility pole or small wireless support structure under this section.

(3) The height limitations do not apply to the placement of any small wireless facility on a utility pole constructed on or before June 30, 2017, if the small wireless facility does not extend more than 10 feet above the structure.

(h) Subject to the provisions of § 1609(b)(5) of this title, the Department may not require the placement of small wireless facilities on any specific utility pole or category of utility pole or require multiple antenna systems on a single pole.

(i) Subject to the provisions of § 1609(b)(5) of this title, the Department may not limit the placement of small wireless facilities by minimum separation distances.

(j) The Department, at its discretion, shall have the authority to approve a wireless provider’s request to construct, modify and maintain a utility pole, small wireless support structure or wireless facility or other structure that exceeds these size limits along, across, upon and under the ROW.

81 Del. Laws, c. 159, § ?1;