Delaware § 1613 - Access to department land and structures.
Full text of Delaware Delaware Code § 1613 — Access to department land and structures., with citation guidance and answers to common questions.
§ 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 exclusive arrangement with any person for the right to attach to such poles.
(2) Such collocations shall be subject to reasonable, cost-based, competitively neutral and nondiscriminatory rates, fees and terms as provided in an agreement between the Department and the wireless provider.
(3) The Department and wireless provider shall negotiate in good faith to arrive at mutually agreeable contract terms and conditions.
(4) The annual recurring rate to collocate a small cell facility on a department pole shall not exceed the actual, direct and reasonable costs related to the wireless service provider’s use of space on the pole. In any controversy concerning the appropriateness of the rate, the Department shall have the burden of proving that the rates are reasonably related to the actual, direct and reasonable costs incurred for use of space on the pole for such period.
81 Del. Laws, c. 159, § 1;Frequently Asked Questions About Delaware § 1613
What does Delaware Code § 1613 cover?
Section 1613 ("Access to department land and structures.") is part of the Delaware Code, the codified statutory law of Delaware. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Delaware § 1613?
A common citation format is "Delaware Code § 1613" (Delaware). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Delaware law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Delaware official source linked on this page or consult a licensed Delaware attorney.
How does Delaware § 1613 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Delaware can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Delaware.