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8G Consent Calendar 2018 1203
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8G Consent Calendar 2018 1203
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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12/3/2018
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16 <br />The City will notify Licensee that the City has approved each Pole License by returning <br />one fully executed counterpart of the Pole License to Licensee. The City requires as a condition <br />to approval of any Pole License that Licensee provide proof that contractors installing Equipment <br />have bonds and insurance coverage as required by Section 19.5 (Contractors’ Bonds and <br />Insurance and City Business License). A City decision to grant or deny a Pole License application <br />is not a regulatory determination subject to appeal, but is an exercise of the City’s proprietary <br />authority over its Poles as its personal property. In the event that Licensee fails to commence <br />construction pursuant to the Pole License within one year from the date the City fully executes <br />the Acknowledgment Letter, the Pole License shall automatically expire unless the City grants a <br />written extension. Licensee shall not be entitled to any refund for any Administrative Payments, <br />which include without limitation the License Fee, paid in connection with a Pole License except <br />as provided in Section 27.1 (Early Termination by Either Party). Nothing in this Section is <br />intended to prohibit or prevent Licensee from submitting a new Pole License Application for the <br />same or substantially the same Poles as those covered under a Pole License that expired <br />pursuant to this Section. <br />6.9 Right to Disapprove. <br />Licensee acknowledges that the City reserves the absolute right to disapprove any Pole <br />License Application in whole or in part when the City determines in its sole judgment that the <br />subject Pole Location or proposed Equipment would interfere with the City’s municipal functions <br />or proprietary interests or create a hazardous or unsafe condition. In addition, Licensee <br />acknowledges that the City reserves the absolute right to disapprove any license within a Pole <br />License Application when the subject Pole would involve above-ground equipment (other than <br />the antenna and any required electric meter) in a residential district or in close proximity to a <br />sensitive neighborhood, as solely determined by the City, unless, in the City’s sole and absolute <br />determination, no reasonable alternative exists. <br />6.10 Federal and State Regulations Inapplicable <br />Licensee expressly acknowledges and agrees that all requirements, limitations or other <br />restrictions in any Laws applicable to the City in its regulatory capacity (which may include <br />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; <br />California Public Utilities Code §§ 7901 or 7901.1; California Government Code §§ 50030, <br />65850.6, 65964 or 65964.1; and any judicial or administrative interpretations in connection with <br />any such Laws) do not apply to the City’s review or determination in connection with any Pole <br />License Application submitted pursuant to this Master License. Without any limitation on the <br />generality of the preceding sentence, and for only the purposes in this Master License and any <br />Pole License, the City and Licensee expressly acknowledge and agree that any Equipment <br />installed pursuant to this Master License or any Pole License will not be considered or interpreted <br />as “personal wireless service facilities” as defined in 47 U.S.C. § 332(c)(7)(C)(ii), and any Pole or <br />replacement Pole on which such Equipment is installed will not be considered or interpreted as a <br />“tower” or a “base station” as used in 47 U.S.C. § 1455 or 47 C.F.R. § 1.40001 et seq. <br />7 INSTALLATION OF EQUIPMENT <br />7.1 Approved Plans and Specifications. <br />7.1.1 Strict Compliance Required. Licensee must submit its plans and <br />specifications for the City’s review as Exhibit A-2 to its Pole License application. Plans <br />and specifications must cover all Equipment, including signage required or permitted <br />under Subsection 7.1.2 (Identification and Other Signage). Plans and specifications <br />shall be prepared in strict accordance with codes referenced in Section 13.4 (Compliance
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