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DE HB189

Bill

Status

Passed

8/31/2017

Primary Sponsor

John Mitchell

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Creates the "Advanced Wireless Infrastructure Investment Act" as a new Chapter 16 of Title 17, establishing statewide policy for wireless infrastructure deployment in state rights of way

  • Grants wireless providers the right to collocate small wireless facilities and install utility poles and support structures in state rights of way subject to applicable codes and safety requirements, with no exclusive arrangements permitted

  • Limits Department of Transportation fees to actual, reasonable costs for permit processing and administration (maximum $100 per small cell facility), with micro wireless facilities exempt from processing fees

  • Requires Department to approve permit applications within 60 days (deemed approved if not acted upon), with applications processed on nondiscriminatory basis and denials requiring specific documentation of code violations

  • Prohibits moratoriums on wireless facility permits except for temporary ones in specific geographic areas where exigent circumstances threaten public health, safety or welfare; exempts routine maintenance and equipment replacement from permit requirements

Legislative Description

An Act To Amend Title 17 Of The Delaware Code Relating To Highways.

Last Action

Signed by Governor

8/31/2017

Committee Referrals

Transportation6/9/2017
Transportation/Land Use and Infrastructure5/18/2017

Full Bill Text

No bill text available