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8D Consent Calendar 2018 0917
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8D Consent Calendar 2018 0917
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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9/17/2018
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<br />25 <br />Licensee’s use of the License Area. Licensee shall maintain all Regulatory Approvals for <br />Licensee’s Permitted Use on the License Area throughout the Term of this Master License and <br />for as long as any Equipment is installed on any portion of the License Area. Following <br />submission of a Pole License application by Licensee, such Regulatory Approvals (or written <br />denials explaining with specificity all reasons for such denials) shall be issued by the City within <br />the timeframe allowed by the FCC and 47 U.S.C. § 332(c)(7)(B)(i)(II). <br />13.7 Radiofrequency Radiation and Electromagnetic Fields. <br />Licensee’s obligation to comply with all Laws includes all Laws relating to allowable <br />presence of or human exposure to Radiofrequency Radiation (“RFs”) or Electromagnetic Fields <br />(“EMFs”) on or off the License Area, including all applicable FCC standards, whether such RF or <br />EMF presence or exposure results from Licensee’s Equipment alone or from the cumulative <br />effect of Licensee’s Equipment added to all other sources on or near the License Area. Licensee <br />must provide to the City a copy of the report required for Licensee’s Encroachment Permit, of an <br />independent engineering consultant analyzing whether RF and EMF emissions at the proposed <br />Pole Locations would comply with FCC standards, taking into consideration the Equipment <br />installation specifications and distance to residential windows (each, an “Emissions Report”). If <br />not provided earlier, Licensee must submit the Emissions Report to the City with the applicable <br />Pole License application. If the Emissions Report does not identify the type(s) of frequencies or <br />bandwidth used by the Equipment, Licensee shall include such information in its Pole License <br />application. <br />13.8 Compliance with City’s Risk Management Requirements <br />Licensee shall not do anything, or permit anything to be done by anyone under <br />Licensee’s control, in, on, or about the License Area that would create any unusual fire risk, and <br />shall take commercially reasonable steps to protect the City from any potential liability by reason <br />of Licensee’s use of the License Area. Licensee, at Licensee’s expense, shall comply with all <br />reasonable rules, orders, regulations, and requirements of the City Manager and City’s Risk <br />Manager. <br /> <br />14 DAMAGE OR DESTRUCTION <br />14.1 City Election. <br />The City has no obligation to replace or repair any part of the License Area following <br />damage by any cause. Following damage or destruction of a City Pole or License Area, the City <br />may elect any of the following actions, in the City’s sole and absolute discretion. <br />14.1.1 Election to Repair or Replace Damage. Within 30 days after the date on <br />which the City discovers damage or destruction of a City Pole licensed to Licensee, the <br />City will give Licensee notice of the City’s decision whether to repair or replace the <br />damaged City Pole and its good faith estimate of the amount of time the City will need to <br />complete the work. If the City cannot complete the work within 30 days after the date that <br />the City specifies in its notice, or if the City elects not to do the work, then Licensee will <br />have the right to terminate the affected Pole License on 30 days’ notice to the City. <br />However, if City elects not to perform such work, Licensee may perform such work at its <br />sole cost and expense, subject to City approval of Licensee’s plans and specifications <br />and Licensee’s compliance with City permit requirements. In such case, the affected Pole <br />License will remain in full force and effect. <br />14.1.2 Election to Remove Damaged City Pole. If the City decides to remove, <br />rather than repair or replace, a damaged City Pole licensed to Licensee, the applicable <br />Pole License will terminate automatically as of the last day of the month the City Pole is <br />removed. Licensee also may request that it transfer any of its Equipment to any available
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