Section 206N-10 - Indemnification, insurance, and bonding(a) The State or county may adopt indemnification, insurance, and bonding requirements related to small wireless facility permits subject to this section.(b) The State or county may require a communications service provider to indemnify and hold the State or county and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses, or fees resulting from the communications service provider's actions in installing, repairing, operating, or maintaining any small wireless facilities or utility poles.(c) The State or county may require a communications service provider to have in effect insurance coverage consistent with this subsection and requirements for other right of way users, if such requirements are reasonable and nondiscriminatory. If insurance coverage is required, the State or county may require a communications service provider to furnish proof of insurance prior to the effective date of any permit issued for a small wireless facility.(d) The State or county may adopt bonding requirements for small wireless facilities if the State or county imposes similar requirements in connection with permits issued for other right of way users. The purpose of such bonds shall be to:
(1) Provide for the removal of abandoned or improperly maintained small wireless facilities, including those for which the State or county determines a need for the small wireless facilities to be removed to protect public health, safety, or welfare;(2) Restoration of the right of way; or(3) Recoupment of past due rates or fees that have not been paid by a communications service provider in over twelve months; provided that the communications service provider has received reasonable notice from the State or county of the noncompliance listed and an opportunity to cure the delinquency of the rates or fees. Bonding requirements shall not exceed $200 per small wireless facility.
Added by L 2018, c 49,§ 2, eff. 7/1/2018 and applicable to permit applications filed with the state or county after 12/31/2018.