Delaware § 1606 - Right of access.

§ 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 the ROW subject to the following requirements.

(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;