Federal court reviewing Accelerating Wireless Broadband
Deployment by Removing Barriers to Infrastructure Investment,
et al., Declaratory Ruling and Third Report and Order, WT
Docket No. 17-79 and WC Docket No. 17-84, FCC 18-133
(released September 27, 2018), reverses or repeals the rates
outlined in that FCC order, then the monetary caps under
sections (3)(c), (4)(n) and (5)(d) may increase 3% annually
beginning January 1, 2021, at the discretion of a
municipality.
Section 8. Indemnification.
Except for a wireless provider with an existing agreement to
occupy and operate in a right-of-way, a wireless provider shall
fully indemnify and hold the municipality and its officers,
employees and agents harmless against any claims, lawsuits,
judgments, costs, liens, expenses or fees or any other damages
caused by the act, error or omission of the wireless provider or
its officers, agents, employees, directors, contractors or
subcontractors while installing, repairing or maintaining small
wireless facilities or utility poles within the right-of-way. A
wireless provider shall not be required to indemnify for an act
of negligence or willful misconduct by the municipality, its
elected and appointed officials, employees and agents.
Section 9. General requirements for uses of rights-of-way.
The following apply:
(1) Structures and facilities deployed by a wireless
provider under this act shall be constructed, maintained and
located in a manner as to not obstruct, endanger or hinder
the usual travel or public safety on a right-of-way, damage
or interfere with other utility facilities located within a
right-of-way or interfere with the other utility's use of the
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