Title 17 — Highways
19 chapters · 166 sections in this title.
17 Del. C. § 1601. Short title.
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§ 1601. Short title. This chapter shall be known as the “Advanced Wireless Infrastructure Investment Act.”81 Del. Laws, c. 159, § 1;
17 Del. C. § 1602. Findings of public policy.
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§ 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 a…
17 Del. C. § 1603. Definitions.
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§ 1603. Definitions. As used in this chapter, unless the context otherwise requires: (1) “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) “Applicable codes” means uniform bu…
17 Del. C. § 1604. Applicability; exclusive use prohibited.
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§ 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…
17 Del. C. § 1605. Fees.
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§ 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…
17 Del. C. § 1606. Right of access.
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§ 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 t…
17 Del. C. § 1607. Use and occupancy agreement.
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§ 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) Minim…
17 Del. C. § 1608. Relocation of small wireless facilities.
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§ 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 f…
17 Del. C. § 1609. Permits.
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§ 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 no…
17 Del. C. § 1610. No discrimination.
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§ 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 vio…
17 Del. C. § 1611. Limitation of ROW authority.
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§ 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, …
17 Del. C. § 1612. Damage and repair.
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§ 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 ut…
17 Del. C. § 1613. Access to department land and structures.
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§ 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 exc…
17 Del. C. § 1614. Collocation on department wireless support structures, utility poles and land outside the ROW.
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§ 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 utilit…