(a) An authority exercising its authority established by this chapter may not be subject to suit or otherwise be responsible for the alleged negligence, wantonness, willfulness, recklessness, or any other claims for alleged wrongful acts or omissions of wireless providers or their officers, agents, contractors, subcontractors, employees, or other representatives relative to the design, location, placement, construction, maintenance, and operation of small wireless facilities in an authority's right-of-way or on an authority's infrastructure.
(b) Wireless providers shall indemnify authorities and their elected and appointed officials, employees, and authorized agents, or their insurers, and hold them harmless from and against any and all claims, demands, actions, suits, or proceedings in equity or law asserted by third parties for damages, losses, liabilities, or costs of any kind, including, without limitation, reasonable attorney's fees, as and when incurred that arise from a material breach by a wireless provider or any of its officers, employees, volunteers, or authorized agents of any obligations set forth in this chapter; or for any claims for the alleged negligence, wantonness, willfulness, recklessness, or claims of any other alleged wrongful acts or omissions of wireless providers or their officers, agents, contractors, subcontractors, employees, or other representatives relative to the design, location, placement, construction, maintenance, and operation of small wireless facilities in an authority's rights-of-way or on an authority's infrastructure. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses due to or caused by the sole negligence or willful misconduct of an authority or its employees or agents.
Structure Code of Alabama
Title 37 - Public Utilities and Public Transportation.
Chapter 17 - Small Wireless Facilities
Section 37-17-1 - Definitions.
Section 37-17-2 - Rights of Authorities Regarding Small Wireless Facilities and Associated Poles.
Section 37-17-3 - Exemption From Zoning Review or Approval; Application Procedures; Permits.
Section 37-17-4 - Collocation of Small Wireless Facilities; Performance of Make-Ready Work; Costs.
Section 37-17-5 - Permit Application Fees; Access Rates.
Section 37-17-6 - Chapter Inapplicable to Certain Entities.
Section 37-17-7 - Liability of Authorities.
Section 37-17-8 - Insurance Requirements.
Section 37-17-10 - Construction and Application of Chapter.