8D Consent Calendar 2018 0917 - Laserfiche WebLink

Home

16 subject Pole Location or proposed Equipment would interfere with the City’s municipal functions or proprietary interests or create a hazardous or unsafe condition. In addition, Licensee acknowledges that the City reserves the absolute right to disapprove any license within a Pole License Application when the subject Pole would involve above-ground equipment (other than the antenna and any required electric meter) in a residential district or in close proximity to a sensitive neighborhood, as solely determined by the City, unless, in the City’s sole and absolute determination, no reasonable alternative exists. 6.10 Federal and State Regulations Inapplicable Licensee expressly acknowledges and agrees that all requirements, limitations or other restrictions in any Laws applicable to the City in its regulatory capacity (which may include 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