W. Va. Code R. § 157-13-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 157-13-6 - Requirements for insurance, bonding and other protections. (See W. Va. Code Section31H-2-4)

6.1. A wireless provider who owns or operates small wireless facilities or utility poles in a Division right-of-way shall indemnify, protect, defend, and hold the Division and its officers, employees, agents, and volunteers harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees to include reasonable attorney fees and costs of defense, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including personal or bodily injury or death, property damage or other harm for which recovery of damages is sought, to the extent that it is caused by the negligence of the wireless provider who owns or operates small wireless facilities or utility poles in the right-of-way, any agent, officer, director, representative, employee, affiliate, or subcontractor of the wireless provider, or their respective officers, agents, employees, directors, or representatives while installing, repairing, or maintaining facilities in rights-of-way.

6.2. Except for a wireless provider with an existing franchise to occupy and operate in the rights-of-way, during the period in which the wireless provider's facilities are located on the Division's rights-of-way, the Division may require the wireless provider to carry, at the wireless provider's own cost and expense, the following insurance:

6.2.1. Property insurance for its property's replacement cost against all risks;

6.2.2. Workers' compensation insurance, as required by law; or

6.2.3. Commercial general liability insurance with respect to its activities on the Division's rights-of-way to afford minimum protection limits consistent with its requirements of other users of Division's rights-of-way, including coverage for bodily injury and property damage. The Division may require a wireless provider to include the Division as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the Division in a commercial general liability policy as reasonably required by the Division.

6.3. A wireless provider may self-insure all or a portion of the insurance coverage and limit requirements required by the Division. A wireless provider that self-insures is not required, to the extent of the self-insurance, to comply with the requirement for the naming of additional insureds under this section. A wireless provider that elects to self-insure shall provide to the Division evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage and limits required by the Division.

6.4. The Division may impose reasonable and nondiscriminatory requirements for bonds, escrow deposits, letters of credit, or any other type of financial surety to ensure removal of abandoned or unused wireless facilities or damage to the right-of-way or Division property caused by the wireless provider or its agent.

W. Va. Code R. § 157-13-6