AB348-SSA1,8,3
1(j) “Microwireless facility” means a small wireless facility that does not exceed
224 inches in length, 15 inches in width, and 12 inches in height and that has no
3exterior antenna longer than 11 inches.
AB348-SSA1,8,54 (k) “Permit” means written authorization required by the state or a political
5subdivision to perform an action, or initiate, continue, or complete a project.
AB348-SSA1,8,66 (L) “Political subdivision” means any city, village, town, or county.
AB348-SSA1,8,77 (m) “Rate” means a recurring charge.
AB348-SSA1,8,138 (n) “Right-of-way” means the area on, below, or above a highway, as defined
9in s. 340.01 (22), other than a federal interstate highway; sidewalk; utility easement,
10other than a utility easement for a cooperative association organized under ch. 185
11for purposes of providing or furnishing heat, light, power, or water to its members
12only; or other similar property, including property owned or controlled by the
13department of transportation.
AB348-SSA1,8,1514 (o) “Small wireless facility” means a wireless facility to which all of the
15following apply:
AB348-SSA1,8,1816 1. Each antenna is located inside an enclosure of no more than 6 cubic feet or,
17in the case of an antenna that has exposed elements, the antenna and all of its
18exposed elements could fit within an enclosure of no more than 6 cubic feet.
AB348-SSA1,8,2419 2. All other wireless equipment associated with the facility is cumulatively no
20more than 28 cubic feet, except that when calculating the allowable volume for
21purposes of this subdivision, an electric meter, concealment elements, a
22telecommunications demarcation box, a ground-based enclosure, a power transfer
23switch, and vertical cable runs for the connection of power and other services may
24not be included.
AB348-SSA1,9,4
1(p) “Utility pole” means a structure that is used in whole or in part by a
2communications service provider or for electric distribution, lighting, traffic control,
3signage, or a similar function but does not include a structure that supports only a
4wireless facility.
AB348-SSA1,9,85 (q) “Utility pole for designated services” means a utility pole owned or operated
6in a right-of-way by the state, a political subdivision, or a utility district that is
7designed to, or used to, carry electric distribution lines, or cables or wires for
8telecommunications, cable, or electric service.
AB348-SSA1,9,139 (r) “Wireless facility” means equipment at a fixed location that enables wireless
10service between user equipment and a wireless network, not including the structure
11or improvements on, under, or within which the equipment is collocated. “ Wireless
12facility” includes a small wireless facility. “Wireless facility” does not include any of
13the following:
AB348-SSA1,9,1414 1. A wireline backhaul facility.
AB348-SSA1,9,1715 2. Coaxial or fiber-optic cable between utility poles or wireless support
16structures or otherwise not immediately adjacent to or directly associated with a
17particular antenna.
AB348-SSA1,9,2018 (s) “Wireless infrastructure provider” means any person, other than a wireless
19services provider, that builds or installs wireless communication transmission
20equipment, wireless facilities, or wireless support structures.
AB348-SSA1,9,2221 (t) “Wireless provider” means a wireless infrastructure provider or a wireless
22services provider.
AB348-SSA1,9,2523 (u) “Wireless services” means any service using licensed or unlicensed wireless
24spectrum, including the use of a Wi-Fi network, whether at a fixed location or by
25means of a mobile device, that is provided using wireless facilities.
AB348-SSA1,10,2
1(v) “Wireless services provider” means any person who provides wireless
2services.
AB348-SSA1,10,53 (w) “Wireless support structure” means an existing pole or other freestanding
4structure, other than a utility pole, that is designed to support, or capable of
5supporting, wireless facilities.
AB348-SSA1,10,76 (x) “Wireline backhaul facility” means a facility for providing wireline backhaul
7service.
AB348-SSA1,10,98 (y) “Wireline backhaul service” means the transport of communications
9services by wire from wireless facilities to a network.
AB348-SSA1,10,11 10(2) Rights-of-way. (a) Applicability. This subsection applies only to the
11activities of a wireless provider within a right-of-way.
AB348-SSA1,10,1512 (b) Exclusive use prohibited. Neither the state nor a political subdivision may
13enter into an exclusive arrangement with any person for the use of a right-of-way
14for the construction, operation, marketing, maintenance, or collocation of small
15wireless facilities or wireless support structures.
AB348-SSA1,10,2216 (c) Rates and fees. The state or a political subdivision may charge a wireless
17provider a rate or fee for the use a right-of-way with respect to the construction or
18collocation of a small wireless facility or wireless support structure in the
19right-of-way only if the state or political subdivision charges other communications
20service providers or utilities for the use of the right-of-way. If the state or a political
21subdivision charges a wireless provider a rate or fee as described in this paragraph,
22all of the following apply:
AB348-SSA1,10,2423 1. Subject to subd. 5., the fee or rate must be limited to no more than the direct
24and actual cost of managing the right-of-way.
AB348-SSA1,11,2
12. Except as provided in par. (d), the fee or rate must be competitively neutral
2with regard to other users of the right-of-way.
AB348-SSA1,11,53 3. The fee or rate may not result in a double recovery by the state or political
4subdivision if existing fees, rates, or taxes already recover the direct and actual cost
5of managing the right-of-way.
AB348-SSA1,11,76 4. The fee or rate may not be in the form of a franchise or other fee based on
7revenue or customer counts.
AB348-SSA1,11,118 5. The fee or rate may not exceed an annual amount equal to $20 multiplied
9by the number of utility poles or wireless support structures in the state's or political
10subdivision's geographic jurisdiction on which the wireless provider has collocated
11a small wireless facility antenna.
AB348-SSA1,11,1712 (d) Rate or fee adjustment. 1. Except as provided in subd. 2., by the later of the
13first day of the 7th month beginning after the effective date of this subdivision ....
14[LRB inserts date], or 3 months after receiving its first request for access to the
15right-of-way by a wireless provider, the state or a political subdivision shall make
16available, through ordinance or otherwise, rates, fees, and terms for such access that
17comply with this subsection.
AB348-SSA1,11,2418 2. Agreements between a wireless provider and the state or a political
19subdivision that are in effect on the effective date of this subdivision .... [LRB inserts
20date], and that relate to access to the right-of-way, remain in effect, subject to
21applicable termination provisions, except that by the first day of the 25th month
22beginning after the effective date of this subdivision .... [LRB inserts date], the state
23or political subdivision shall amend any such agreement to comply with the rates,
24fees, and terms required under this subsection.
AB348-SSA1,12,12
1(e) Right of access. 1. Except as otherwise provided in this subsection and subs.
2(3) (c) 4. and (4), and notwithstanding ss. 182.017 and 196.58 and any zoning
3ordinance enacted by a political subdivision under s. 59.69, 60.61, or 62.23, a wireless
4provider shall have the right to collocate small wireless facilities and construct,
5modify, maintain, and operate utility poles, wireless support structures, conduit,
6cable, and related appurtenances and facilities along, across, upon, and under a
7right-of-way. Such facilities and structures may not obstruct or hinder travel,
8drainage, maintenance, or the public health, safety, and general welfare on or around
9the right-of-way, or obstruct the legal use of the right-of-way for other
10communications providers, public utilities, cooperative associations organized
11under ch. 185 for the purpose of producing or furnishing heat, light, power, or water
12to their members only, or pipes or pipelines transmitting liquid manure.
AB348-SSA1,12,1413 2. Except as provided in subd. 4., the height of a utility pole or wireless support
14structure installed, or modified, in a right-of-way may not exceed the greater of:
AB348-SSA1,12,1715 a. Ten feet above the tallest existing utility pole that is in place on the effective
16date of this subd. 2. a. .... [LRB inserts date], and that is located within 500 feet of
17the new or modified pole or structure in the same right-of-way.
AB348-SSA1,12,1818 b. Fifty feet above ground level.
AB348-SSA1,12,2019 3. The height of a small wireless facility installed, or modified, in a
20right-of-way may not exceed the greater of:
AB348-SSA1,12,2321 a. Ten feet above the tallest existing utility pole or wireless support structure
22that is in place on the effective date of this subd. 3. a. .... [LRB inserts date], and that
23is located in the same right-of-way.
AB348-SSA1,12,2424 b. The maximum height described in subd. 2. b.
AB348-SSA1,13,5
14. A wireless provider may construct, modify, and maintain a utility pole,
2wireless support structure, or small wireless facility along, across, upon, and under
3a right-of-way that exceeds the height limits in this paragraph if the wireless
4provider complies with height limits under the zoning ordinances enacted by a
5political subdivision under s. 59.69, 60.61, or 62.23.
AB348-SSA1,13,126 5. With regard to the rights of a wireless provider to construct small wireless
7facilities or modify utility poles, wireless support structures, conduit, cable, and
8related appurtenances and facilities as described in subd. 1., a political subdivision
9may propose an alternate location within 50 feet of the proposed location, which the
10wireless provider shall use if it has the right to use the alternate structure on
11reasonable terms and conditions and the alternate location does not impose technical
12limits or additional costs, as determined by the wireless provider.
AB348-SSA1,13,2213 (f) Damage and repair. The state or a political subdivision may require a
14wireless provider to repair all damage that is directly caused by the activities of the
15wireless provider in a right-of-way involving its small wireless facilities, wireless
16support structures, or utility poles, and to return the right-of-way to its former
17condition before it was so damaged. If the wireless provider fails to make the
18required repairs within a reasonable amount of time after receiving a written
19request to do so from the state or a political subdivision, the state or political
20subdivision may make the necessary repairs and charge the liable party for the cost
21of the repairs. This paragraph does not prohibit a political subdivision from
22recovering damages under s. 86.02.
AB348-SSA1,13,2523 (g) Nondiscrimination. The state and political subdivisions must administer
24and regulate a right-of-way in a competitively neutral manner with regard to all
25users of the right-of-way.
AB348-SSA1,14,5
1(3) Collocation of small wireless facilities. (a) Applicability. This
2subsection applies to the activities of a wireless provider both within and outside a
3right-of-way. Except as provided in this subsection and in subs. (2) and (4), neither
4the state nor a political subdivision may prohibit, regulate, or charge any person for
5the collocation of small wireless facilities.
AB348-SSA1,14,106 (b) Zoning. Notwithstanding an ordinance enacted under s. 59.69, 60.61, or
762.23, and except as provided in par. (c) 4., small wireless facilities shall be classified
8as permitted uses and are not subject to a political subdivision's zoning ordinances
9if they are collocated in a right-of-way or outside a right-of-way if the property is
10not zoned exclusively for single-family residential use.
AB348-SSA1,14,1611 (c) Permits. 1. Subject to subd. 3., the state or a political subdivision may
12require an application for a permit to collocate a small wireless facility and to
13construct, modify, maintain, or operate a new or replacement utility pole or wireless
14support structure, provided such permit is of general applicability and does not apply
15exclusively to wireless facilities. All of the following apply to such permit
16applications filed by an applicant:
AB348-SSA1,14,1817 a. Neither the state nor a political subdivision may require an applicant to
18perform services unrelated to the collocation for which approval is sought.
AB348-SSA1,14,2219 b. Neither the state nor a political subdivision may require an applicant that
20is a wireless provider to provide more information in its permit application than such
21a governmental unit requires from a communications service provider that is not a
22wireless provider and that applies for the same type of permit.
AB348-SSA1,14,2523 c. The state or a political subdivision shall notify an applicant in writing, within
2410 days of receiving the application, whether it is complete. If it is incomplete, the
25state or political subdivision shall specify why the application is incomplete.
AB348-SSA1,15,4
1d. Except as provided in subd. 1. g., if a permit application involves a new utility
2pole or wireless support structure, and the state or a political subdivision fails to
3approve or deny the permit application under this section not later than 90 days after
4its receipt, the applicant may consider its permit application approved.
AB348-SSA1,15,105 e. Except as provided in subd. 1. g., if a permit application proposes to collocate
6small wireless facilities to an existing utility pole or wireless support structure, or
7replace an existing utility pole or wireless support structure, and the state or a
8political subdivision fails to approve or deny the permit application under this
9section not later than 60 days after its receipt, the applicant may consider its permit
10application approved.
AB348-SSA1,15,1511 f. Except as provided in subd. 1. g., if there is any type of construction, building,
12or encroachment permit required by a political subdivision that relates to a permit
13under subd. 1. d. or e., and the political subdivision fails to approve or deny that
14permit application within the specified 60-day or 90-day time frame, the applicant
15may consider its permit application approved.
AB348-SSA1,15,1816 g. The applicant and the state or political subdivision may mutually agree to
17extend the deadline for the state or political subdivision to approve or deny a permit
18application under subd. 1. d., e., or f.
AB348-SSA1,16,219 h. Subject to subd. 1. i., the state or a political subdivision shall approve a
20permit application unless it does not meet the applicable codes. If the permit
21application is denied for this reason, the state or political subdivision shall provide
22the applicant with written documentation explaining the basis for the denial no later
23than the date that the permit application is denied. An applicant may cure the
24deficiencies identified in the documentation and resubmit the permit application no
25later than 30 days after receipt of the documentation without being required to pay

1an additional application fee. The state or a political subdivision shall approve or
2deny the revised permit application not later than 30 days after its receipt.
AB348-SSA1,16,63 i. The state or a political subdivision may condition approval of a permit on
4compliance with reasonable and nondiscriminatory relocation, abandonment, or
5bonding requirements that are consistent with state law applicable to other
6occupiers of rights-of-way.
AB348-SSA1,16,157 j. An applicant may file a consolidated permit application to collocate up to 30
8small wireless facilities, or a greater number if agreed to by a political subdivision,
9provided that all the small wireless facilities in the application consist of
10substantially similar equipment and are to be placed on similar types of wireless
11support structures. In rendering a decision on a consolidated permit application, a
12political subdivision may approve a permit for some small wireless facilities and
13deny a permit for others, but the political subdivision may not use the denial of one
14or more permits as a basis to deny permits for all of the small wireless facilities in
15the application.
AB348-SSA1,16,2116 k. If an applicant's permit application is approved, the applicant shall
17commence the activity authorized by the permit no later than 365 days after its
18receipt and shall pursue work on the activity until completion. Neither the state nor
19a political subdivision may place any time limitation on an applicant that is related
20to the permit. An applicant may request that the state or a political subdivision
21terminate the applicant's permit.
AB348-SSA1,16,2322 2. Neither the state nor a political subdivision may institute a moratorium on
23any of the following:
AB348-SSA1,16,2424 a. The filing, receiving, or processing of applications.
AB348-SSA1,17,2
1b. The issuance of permits or other approvals for the collocation of small
2wireless facilities.
AB348-SSA1,17,63 3. An approval under this section authorizes only the installation, placement,
4maintenance, or operation of a small wireless facility to provide wireless service and
5does not authorize the provision of any other service or the installation, placement,
6maintenance, or operation of wireline backhaul service in a right-of-way.
AB348-SSA1,17,187 4. A political subdivision may enact an ordinance to prohibit, in a
8nondiscriminatory way, a communications service provider from installing
9structures in the right-of-way of a historic district or an underground district,
10except that the ordinance may not prohibit collocations or the replacement of existing
11structures. In this subdivision, a historic district is an area designated as historic
12by the political subdivision, listed on the national register of historic places in
13Wisconsin, or listed on the state register of historic places. In this subdivision, an
14underground district is an area designated by the political subdivision in which any
15pipe, pipeline, duct, wire, line, conduit, or other equipment, which is used for the
16transmission, distribution, or delivery of electrical power, heat, water, gas, sewer, or
17telecommunications equipment, is located underground. This subdivision applies
18only to ordinances enacted on or before January 1, 2014.
AB348-SSA1,17,2419 (d) Application fees. 1. The state or a political subdivision may charge an
20application fee only if an application fee is required for similar types of permit
21applications related to other types of commercial development within the
22governmental unit's jurisdiction. Such a fee may be imposed only for the actual,
23direct, and reasonable costs incurred by the governmental unit that relate to the
24processing and granting of the permit.
AB348-SSA1,17,2525 2. An application fee may not include any of the following:
AB348-SSA1,18,1
1a. Travel expenses incurred by a 3rd party in its review of an application.
AB348-SSA1,18,32 b. A direct payment or reimbursement of 3rd-party rates or fees charged on a
3contingency basis or a result-based arrangement.
AB348-SSA1,18,64 3. If a dispute arises concerning the appropriateness of an application fee, the
5state or political subdivision bears the burden of proving that the fee is reasonably
6related to the actual, direct, and reasonable costs incurred by the governmental unit.
AB348-SSA1,18,87 4. Notwithstanding subds. 1. to 3., an application fee may not exceed the lesser
8of the following:
AB348-SSA1,18,109 a. A building permit issued by the state or a political subdivision for any similar
10commercial construction, activity, or land use development.
AB348-SSA1,18,1311 b. One hundred dollars each for up to 5 small wireless facilities that are
12specified in the permit application, and $50 for each additional small wireless facility
13that is specified in the permit application.
AB348-SSA1,18,1514 (e) Approvals not required. Neither the state nor a political subdivision may
15require applications, permits, or fees for any of the following:
AB348-SSA1,18,1616 1. Routine maintenance.
AB348-SSA1,18,2117 2. The replacement of a small wireless facility with a small wireless facility that
18is substantially similar to, or the same size or smaller than, the existing small
19wireless facility, except that the governmental unit may require the person seeking
20to replace the small wireless facility to obtain a permit to work within a right-of-way
21to complete such a replacement.
AB348-SSA1,18,2422 3. The installation, placement, maintenance, operation, or replacement of
23microwireless facilities that are strung on cables between existing utility poles or
24wireless support structures in compliance with applicable codes.
AB348-SSA1,19,3
1(f) Traffic work permits. Nothing in this section prohibits a political subdivision
2from requiring a work permit for work that will unreasonably affect traffic patterns
3or obstruct vehicular traffic in a right-of-way.
AB348-SSA1,19,8 4(4) Access to governmental structures. (a) Collocation of small wireless
5facilities on governmental poles and utility poles for designated services.
1. A person
6owning or controlling a governmental pole or a utility pole for designated services
7may not enter into an exclusive arrangement with any person for the right to attach
8to, or use, such poles.
AB348-SSA1,19,119 2. The fees or rates charged by the owner of a pole described under subd. 1. may
10not be discriminatory, without regard to the type of collocation provided by the person
11who contracts to use such a pole.
AB348-SSA1,19,1712 3. The rate a political subdivision may charge a wireless provider to collocate
13a small wireless facility on a utility pole for designated services owned or operated
14by the political subdivision shall be governed by an agreement between the political
15subdivision and the wireless provider. If there is a failure to agree on the rate, the
16public service commission shall determine the compensation pursuant to the
17procedures in s. 196.04 and the determination shall be reviewable under s. 196.41.
AB348-SSA1,20,218 4. The rate an owner of a governmental pole other than a utility pole for
19designated services charges another person to collocate on the owner's pole shall be
20sufficient to recover the actual, direct, and reasonable costs related to the applicant's
21application for, and use of, space on the pole, except that the total annual rate for a
22collocation and any related activities may not exceed the lesser of the actual, direct,
23and reasonable costs related to the collocation or $100 per year per pole. If a dispute
24arises concerning the appropriateness of a rate charged by the state or political
25subdivision under this subdivision, the governmental unit bears the burden of

1proving that the fee is reasonably related to the actual, direct, and reasonable costs
2incurred by the governmental unit.
AB348-SSA1,20,93 5. a. Except as provided in subd. 5. b., by the later of the first day of the 7th
4month beginning after the effective date of this subd. 5. a. .... [LRB inserts date], or
53 months after receiving its first request to collocate a small wireless facility on a
6governmental pole, other than a utility pole for designated services, the state or a
7political subdivision shall make available, through ordinance or otherwise, rates,
8fees, and terms for the collocation of small wireless facilities on governmental poles
9that comply with this subsection.
AB348-SSA1,20,1710 b. Agreements between a wireless provider and the state or a political
11subdivision that are in effect on the effective date of this subd. 5. b. .... [LRB inserts
12date], and that relate to the collocation of small wireless facilities in the
13right-of-way, including the collocation of small wireless facilities on governmental
14poles, remain in effect, subject to applicable termination provisions, except that by
15the first day of the 25th month beginning after the effective date of this subd. 5. b.
16.... [LRB inserts date], the state or political subdivision shall amend any such
17agreement to comply with the rates, fees, and terms required under this subsection.
AB348-SSA1,20,2418 6. With regard to a governmental pole that supports aerial cables used for
19video, communications, or electric service, and with regard to utility poles for
20designated services, the parties shall comply with the process for make-ready work
21under 47 USC 224 and its implementing regulations, including 47 CFR 1.1420 and
221.1422. The good faith estimate of the person owning or controlling such poles for
23any make-ready work necessary to enable the pole to support the requested
24collocation must include pole replacement if necessary.
AB348-SSA1,21,10
17. With regard to a governmental pole that does not support aerial cables used
2for video, communications, or electric service, the governmental unit shall provide
3a good faith estimate for any make-ready work necessary to enable the pole to
4support the requested collocation, including pole replacement if necessary, not later
5than 60 days beginning after receipt of a complete application, except that the
6governmental unit may provide the applicant with access to the governmental pole
7that is necessary for the applicant to make that estimate. Make-ready work,
8including any pole replacement, must be completed within 60 days after the
9applicant's written acceptance of a good faith estimate provided by the governmental
10unit or within 60 days after the applicant makes the estimate.
AB348-SSA1,21,1811 8. A person owning or controlling a governmental pole other than a utility pole
12for designated services may not require more make-ready work than required to
13meet applicable codes or industry standards. Fees for make-ready work may not
14include any costs that are related to preexisting conditions, prior damage, or
15noncompliance with currently applicable standards. Fees for make-ready work,
16including any pole replacement, may not exceed actual costs or the amount charged
17to other communications service providers for similar work, and may not include any
18consultant fees or expenses.
AB348-SSA1,22,219 (b) Collocation on governmental wireless support structures and utility poles
20outside the right-of-way.
The state or a political subdivision shall authorize the
21collocation of small wireless facilities on wireless support structures and utility poles
22owned or operated by a governmental unit that are not located within the
23right-of-way to the same extent that the governmental unit permits access to such
24structures for other commercial projects or uses. Such collocations are subject to sub.

1(3) (c) 4. and to reasonable and nondiscriminatory rates, fees, and terms as are
2provided in an agreement between the governmental unit and a wireless provider.
AB348-SSA1,22,6 3(5) Local authority. (a) Subject to the provisions of this section, ss. 182.017
4and 196.58, and applicable federal law, and except as provided under par. (b), a
5political subdivision may exercise zoning, land use, planning, and permitting
6authority with respect to wireless support structures and utility poles.
AB348-SSA1,22,117 (b) A political subdivision may not exercise any authority over the design,
8engineering, construction, installation, or operation of any small wireless facility
9located in an interior structure or upon the site of any campus, stadium, or athletic
10facility that is not owned or controlled by the political subdivision, other than to
11comply with applicable codes.
AB348-SSA1,22,1412 (c) 1. In this paragraph, “affiliate” means a person that directly, or indirectly
13through one or more intermediaries, controls, or is controlled by, or is under common
14control with, another person.
AB348-SSA1,22,2315 2. Except as provided in this section or required by federal law, a political
16subdivision may not adopt or enforce any regulation on the placement or operation
17of communications facilities in a right-of-way, or regulate, impose, or collect fees on
18communication services in a right-of-way, that are provided by an entity authorized
19on the effective date of this subdivision .... [LRB inserts date], to operate in the
20right-of-way, or by that entity's wireless provider affiliate, and may not regulate or
21impose or collect fees on communications services except to the extent specifically
22provided for in that authorization, and unless expressly required by state or federal
23statute.
AB348-SSA1,23,11 24(6) Dispute resolution. Except as provided in sub. (4) (a) 3., and
25notwithstanding ss. 182.017 (8) (a) and 196.58 (4) (a), a court of competent

1jurisdiction shall determine all disputes arising under this section. Unless otherwise
2agreed to by the parties to a dispute, and pending resolution of a right-of-way access
3rate dispute, a political subdivision controlling access to and use of a right-of-way
4shall allow the placement of a small wireless facility or wireless support structure
5at a temporary rate of one-half of the political subdivision's proposed annual rate,
6or $20, whichever is less. Rates shall be reconciled and adjusted upon final resolution
7of the dispute. Pending the resolution of a dispute concerning rates for collocation
8of small wireless facilities on government poles or utility poles for designated
9services, the person owning or controlling the pole shall allow the collocating person
10to collocate on its poles, at annual rates of no more than $20 per year per pole, with
11rates to be reconciled and adjusted upon final resolution of the dispute.
AB348-SSA1,23,21 12(7) Indemnification. A wireless provider shall indemnify and hold harmless
13a political subdivision against any and all liability and loss from personal injury or
14property damage resulting from or arising out of, in whole or in part, the use or
15occupancy of rights-of-way by the wireless provider or its employees, agents, or
16contractors arising out of the rights and privileges granted under this section. A
17wireless provider has no obligation to indemnify or hold harmless against any
18liabilities and losses as may be due to or caused by the sole negligence of the political
19subdivision or its employees or agents. A wireless provider shall waive any claims
20that it may have against a political subdivision with respect to consequential,
21incidental, or special damages, however caused, based on the theory of liability.
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