8D Consent Calendar 2018 0917 - Laserfiche WebLink

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16 without limitation 47 U.S.C. § 332(c)(7); 47 U.S.C. § 253; 47 U.S.C. § 1455; 47 C.F.R. § 1.40001; California Public Utilities Code §§ 7901 or 7901.1; California Government Code §§ 50030, 65850.6, 65964 or 65964.1; and any judicial or administrative interpretations in connection with any such Laws) do not apply to the City’s review or determination in connection with any Pole License Application submitted pursuant to this Master License. Without any limitation on the generality of the preceding sentence, and for only the purposes in this Master License and any Pole License, the City and Licensee expressly acknowledge and agree that any Equipment installed pursuant to this Master License or any Pole License will not be considered or interpreted as “personal wireless service facilities” as defined in 47 U.S.C. § 332(c)(7)(C)(ii), and any Pole or replacement Pole on which such Equipment is installed will not be considered or interpreted as a “tower” or a “base station” as used in 47 U.S.C. § 1455 or 47 C.F.R. § 1.40001 et seq. 7 INSTALLATION OF EQUIPMENT 7.1 Approved Plans and Specifications. 7.1.1 Strict Compliance Required. Licensee must submit its plans and specifications for the City’s review as Exhibit A-2 to its Pole License application. Plans and specifications must cover all Equipment, including signage required or permitted under Subsection 7.1.2 (Identification and Other Signage). Plans and specifications shall be prepared in strict accordance with codes referenced in Section 13.4 (Compliance with Electrical Code), as stamped/signed by a California-licensed engineer. Licensee’s plans and specifications and any Equipment installed, if authorized, shall comply with the minimum requirements provided in Exhibit B to this Master License, attached to and incorporated herein. Licensee expressly agrees that these minimum requirements are an exercise of the City’s proprietary interests as the owner of the City Poles and are not an exercise of the City’s regulatory authority. Licensee is authorized to install Equipment at the License Area covered by the Pole License only in strict compliance with the plans and specifications approved by the City and, if applicable, in compliance with Regulatory Approvals (hereinafter referred to as “Approved Plans”). 7.1.2 Identification and Other Signage. Licensee shall place one identification plate in size, material, form, and substance strictly complying with the Approved Plans on its Equipment at each Pole Location, and one identification plate with the same information on the ground near the Pole. The plates shall include Licensee’s corporate name and the telephone number at which Licensee’s on-call representative listed in the Basic License Information can be reached. If Licensee’s on-call representative changes, Licensee must provide notice to the City of the new contact information within 72 hours and replace all identification plates within 10 business days. Licensee may also place signage on Licensee’s Equipment that contains information and disclosures required by the Federal Communications Commission (the “FCC”). Replacement of Licensee’s signage will be considered maintenance subject to Section 10.5 (Licensee’s Equipment). 7.1.3 Required Changes. Licensee may amend previously Approved Plans if required to obtain or comply with other Regulatory Approvals necessary for installation of Equipment, including construction or installation-related temporary street occupancy permits, traffic control permits, and building permits, as may be required by City or State of California codes. Amendment of Approved Plans will require the City’s approval. Licensee acknowledges that as of the Effective Date of this Master License, the City has not approved or promised to approve any plans, specifications, or permits necessary for Licensee to install Equipment on any City Poles. The City will provide notice of its decision in accordance with Section 28.1 (Notices). 7.1.4 Corrections. The City’s approval of plans, specifications, and amendments to Approved Plans, and the issuance of related Regulatory Approvals will not release