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.
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