A. An authority may adopt indemnification, insurance and bonding requirements related to small wireless facility permits subject to the requirements of this section.

B. An authority may require a wireless provider to defend, indemnify and hold harmless the authority and its officers, agents and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses and attorney fees resulting from the installation, construction, repair, replacement, operation or maintenance of wireless facilities, wireless support structures or utility poles to the extent caused by the wireless provider, its contractors, subcontractors and their officers, employees or agents. A wireless provider has no obligation to defend, indemnify or hold harmless an authority, its officers, agents or employees against any liabilities or losses due to or caused by the sole negligence of the authority or its employees or agents.

C. An authority may require a wireless provider to have in effect insurance coverage naming the authority and its officers, agents and employees as additional insureds against the claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses and attorney fees described in subsection B of this section, so long as the authority imposes similar requirements on other right-of-way users and such requirements are reasonable and nondiscriminatory.

D. An authority may require a wireless provider to furnish proof of insurance, if required, prior to the effective date of any permit issued for a small wireless facility.

E. An authority may adopt bonding requirements for small wireless facilities if the authority imposes similar requirements in connection with permits issued for other right-of-way users.

1. The purpose of such bonds shall be to:

a.provide for the removal of abandoned or improperly maintained small wireless facilities, including those that an authority determines need to be removed to protect public health, safety or welfare,

b.restoration of the right-of-way in connection with removals under this paragraph, or

c.recoup rates or fees that have not been paid by a wireless provider in over twelve (12) months, so long as the wireless provider has received reasonable notice from the authority of any of the noncompliance listed above and an opportunity to cure.

2. An authority shall not require either of the following under paragraph 1 of this subsection:

a.a cash bond, unless any of the following apply:

(1)the wireless provider has failed to obtain or maintain a bond required under this section, or

(2)the surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider, or

b.a bond in an amount exceeding One Thousand Dollars ($1,000.00) per small wireless facility.

Added by Laws 2018, c. 140, § 12, eff. Nov. 1, 2018.