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Senate Bill 769 Printer's Number 898

PENNSYLVANIA, June 23 - 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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