As used in this chapter, unless the context otherwise requires:

(1) “Antenna” means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.

(2) “Applicable codes” means uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes enacted solely to address imminent threats of destruction of property or injury to persons to the extent not inconsistent with the terms of this chapter. The term shall also include the highway engineering manuals, regulations, design standards and guidance adopted by the Department to ensure the safety of travelers on Delaware’s roadways and the provision of roadside safety for errant vehicles.

(3) “Applicant” means any person who submits an application and is a wireless provider.

(4) “Application” means a request submitted by an applicant to the Department for a permit:

a. To collocate small wireless facilities; or

b. To approve the installation or modification of a utility pole or wireless support structure.

(5) “Collocate” means to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a small wireless support structure or utility pole.

(6) “Collocation” has a corresponding meaning.

(7) “Communications service provider” means:

(8) “Department” means the Delaware Department of Transportation.

(9) “Department pole” means a pole owned or operated by the Department in the state right-of-way (ROW), including, a camera pole, roadway lighting pole, traffic signal strain pole and overhead sign structure.

(10) “FCC” means the Federal Communications Commission of the United States.

(11) “Fee” means a 1-time charge.

(12) “Law” means federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.

(13) “Micro wireless facility” means a small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.

(14) “Permit” means a written authorization required by the Department to perform an action or initiate, continue, or complete a project.

(15) “Person” means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including the Department.

(16) “Rate” means a recurring charge.

(17) “Small wireless facility” means a wireless facility that meets both of the following qualifications:

a. Each antenna is located inside an enclosure of no more than 6 cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than 6 cubic feet; and

b. All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume.

The following types of associated ancillary equipment are not included in the calculation of equipment volume:

(18) “Small wireless support structure” means:

(19) “State rights-of-way” or “ROW” means the area on, below, or above or across public roads, causeways, highways, bridges in the State which have been or may hereafter be constructed, acquired, or accepted by the Department. The term does not include any public roads, causeways, highways and bridges that are considered a controlled access facility as defined in § 172 of this title.

(20) “Utility pole” means a pole or similar structure owned by a public utility located in the ROW. Such term shall not include structures supporting only wireless facilities.

(21) a. “Wireless facility” means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including:

1. Equipment associated with wireless communications; and

2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

The term includes small wireless facilities.

b. The term does not include:

1. The structure or improvements on, under, or within which the equipment is collocated;

2. Wireline backhaul facilities; or

3. Coaxial or fiber optic cable that is between utility poles or wireless support structures or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

(22) “Wireless infrastructure provider” means any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless facilities or wireless support structures, pursuant to an agreement with a wireless service provider. The term does not include a wireless services provider.

(23) “Wireless provider” means a wireless infrastructure provider or a wireless services provider.

(24) “Wireless services” means any services provided using licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities.

(25) “Wireless services provider” means a person who provides wireless services.

81 Del. Laws, c. 159, § 1.