Delaware Code Title 17 Sec. 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 purpose of transportation;
(3) Facilitate the placement of small wireless facilities at locations that do not unreasonably interfere with existing public uses; and
(4) Are competitively neutral and nondiscriminatory.
Terms Used In Delaware Code Title 17 Sec. 1607
- 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
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Delaware Code Title 17 Sec. 1603
(b) Such agreements shall be for a term of 10 years with an option to renew for additional 5-year terms.
(c) Such agreements are nonassignable and nontransferable without the reasonable consent of the Department that the assignee or transferee has the financial, technical, organizational and managerial resources needed to operate in the ROW and protect the public health, safety and welfare.
(d) Each wireless provider holding a valid use and occupancy agreement shall comply with the Underground Utility Damage Prevention and Safety Act, § 801 of Title 26, et seq. to the extent applicable.