Sections
§ 1601 Short title 17
§ 1602 Findings of public policy 17
§ 1603 Definitions 17
§ 1604 Applicability; exclusive use prohibited 17
§ 1605 Fees 17
§ 1606 Right of access 17
§ 1607 Use and occupancy agreement 17
§ 1608 Relocation of small wireless facilities 17
§ 1609 Permits 17
§ 1610 No discrimination 17
§ 1611 Limitation of ROW authority 17
§ 1612 Damage and repair 17
§ 1613 Access to department land and structures 17
§ 1614 Collocation on department wireless support structures, utility poles and land outside the ROW 17

Terms Used In Delaware Code > Title 17 > Chapter 16

  • 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. 1112
  • 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. 1112
  • Applicant: means any person who submits an application and is a wireless provider. See Delaware Code Title 17 Sec. 1112
  • Application: means a request submitted by an applicant to the Department for a permit:

    a. See Delaware Code Title 17 Sec. 1112

  • 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. 1112
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • 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.
  • Controlled areas: means and includes any area inside the boundaries of this State which is adjacent to the right-of-way of a highway of the interstate or primary systems, except that areas beyond 660 feet of the right-of-way inside urban areas shall be excluded from this chapter. See Delaware Code Title 17 Sec. 1102
  • Department: means the Department of Transportation. See Delaware Code Title 17 Sec. 1102
  • Department: means the Delaware Department of Transportation. See Delaware Code Title 17 Sec. 1112
  • 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. 1112
  • Erect: means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any way bring into being or establish, but it shall not include any of the foregoing activities when performed as an incident to the change of advertising message or customary maintenance of a sign or sign structure. See Delaware Code Title 17 Sec. 1102
  • Fee: means a 1-time charge. See Delaware Code Title 17 Sec. 1112
  • highway: include any public way or road or portion thereof and any sewer, drain or drainage system connected therewith and any bridge, culvert, viaduct or other construction or artificial way used in connection therewith and anything which is accessory to any of the same or to the use thereof. See Delaware Code Title 17 Sec. 101
  • Information center: means an area or site established and maintained at a rest area for the purpose of informing the public of places of interest within the State and providing such other information as the Department may consider desirable. See Delaware Code Title 17 Sec. 1102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interstate system: means that portion of the national system of interstate and defense highways located within this State, as officially designated, or as may hereafter be so designated, by the Department and approved by the Secretary of Transportation of the United States, pursuant to Title 23, United States Code, "Highways. See Delaware Code Title 17 Sec. 1102
  • Law: means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance. See Delaware Code Title 17 Sec. 1112
  • laws of this State: shall include a provision of the Constitution or statutes of the State, or an ordinance, rule or regulation enacted or adopted by an agency or political subdivision of this State pursuant to the Constitution or statutes. See Delaware Code Title 17 Sec. 1102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Maintain: means to allow to exist in accordance with state law. See Delaware Code Title 17 Sec. 1102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Permit: means a written authorization required by the Department to perform an action or initiate, continue, or complete a project. See Delaware Code Title 17 Sec. 1112
  • 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. 1112
  • Primary system: means that portion of connected main highways of this State officially designated as such, or as may hereafter be designated as such, by the Department and approved by the Secretary of Transportation of the United States, pursuant to Title 23, United States Code, "Highways. See Delaware Code Title 17 Sec. 1102
  • Railroad: means a road, the cars, carriages and coaches on which are propelled by steam power, electricity, cable, motor or any improved motive power. See Delaware Code Title 17 Sec. 101
  • Rate: means a recurring charge. See Delaware Code Title 17 Sec. 1112
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rest area: means an area or site established and maintained within or adjacent to the right-of-way by or under public supervision or control, for the convenience of the traveling public. See Delaware Code Title 17 Sec. 1102
  • 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. 1112
  • Secretary: means the Secretary of Transportation. See Delaware Code Title 17 Sec. 101
  • Small wireless facility: means a wireless facility that meets both of the following qualifications:

    a. See Delaware Code Title 17 Sec. 1112

  • 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. 1112
  • State highway: includes any road or highway or portion thereof which the Department has constructed or of which the Department has taken or assumed control or jurisdiction. See Delaware Code Title 17 Sec. 101
  • Statute: A law passed by a legislature.
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307
  • Utility pole: means a pole or similar structure owned by a public utility located in the ROW. See Delaware Code Title 17 Sec. 1112
  • Visible: means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. See Delaware Code Title 17 Sec. 1102
  • 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. 1112

  • 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. 1112
  • Wireless provider: means a wireless infrastructure provider or a wireless services provider. See Delaware Code Title 17 Sec. 1112
  • Wireless services: means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Delaware Code Title 17 Sec. 1112
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 6 Sec. 4307