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14 <br />“small cell” and/or distributed antenna system installations, as those terms are commonly <br />understood to mean small, low-power, low-elevation, unobtrusive wireless facilities intended to <br />cover relatively small geographic areas. Licensee expressly acknowledges and agrees that the <br />Permitted Use under this Master License does not include the right to use any Pole as a support <br />structure for a “macro cell” or a traditional wireless tower typically constructed on private property. <br />The City may, in its sole and absolute discretion, approve “macro cell” facilities on its Poles on a <br />case-by-case basis. <br />5.3 No Illegal Uses or Nuisances. <br />Licensee shall not use or occupy any of the License Area in any unlawful manner or for <br />any illegal purpose or in any manner that constitutes a nuisance as determined by the City in its <br />reasonable judgment. Licensee shall take all precautions to eliminate any nuisances or hazards <br />in connection with its use of the License Area. <br />6 LICENSE APPROVALS <br />6.1 City Approval Required. <br />6.1.1 City Rights Superior. Licensee’s use of any part of the License Area for the <br />Permitted Use is subject to the City’s prior approval . Subject to any limitations expressly <br />provided in this Master License, the City is not obligated to subordinate its municipal <br />functions or proprietary interests in any way to Licensee’s interest. In determining whether <br />to approve Licensee’s application, including the attached plans and specifications, the <br />City may consider any matter affecting its municipal obligations and proprietary interests. <br />Examples of municipal and proprietary concerns include, but are not limited to: <br />6.1.1.1 the resulting total load on the City Pole if the Equipment is installed; <br />6.1.1.2 the impact of the installation on the City’s street light operations, <br />including whether the Equipment would compromise the City’s street light circuits <br />serving City Poles; <br />6.1.1.3 whether the installation complies with electrical codes; <br />6.1.1.4 whether the Equipment would create a hazardous or unsafe condition; <br />6.1.1.5 any impacts the Equipment would have in the vicinity of the City Pole, <br />including size, materials, and visual clutter; <br />6.1.1.6 aesthetic concerns; and municipal plans for the City Pole. <br />6.1.2 Changes in Application. If the City determines for any reason that the <br />Permitted Use at any particular Pole or Associated Facilities Location would impede its <br />municipal functions, disgruntle a proximate property owner, or otherwise affect its <br />proprietary interests negatively, including resulting in the inability of third parties to utilize <br />an area of the City for a Pole or Associated Facilities License, it will provide notice to <br />Licensee of the City’s concerns as soon as reasonably practicable in the application <br />review process. Licensee will have the opportunity to change the Pole or Associated <br />Facilities License application to address the City’s concerns for a period ending 14 days <br />after delivery of the City’s notice, or such longer period as to which the City and Licensee <br />may agree in writing, without affecting the priority of Licensee’s application in relation to <br />other potential licensees. Any other changes that Licensee makes in the Pole or <br />Associated Facilities License application will cause the date that the application is <br />deemed submitted to be changed to the date that Licensee delivers the proposed <br />changes to the City. If Licensee fails to address City’s concerns, as determined in the <br />City’s sole discretion, then the City may deny the Pole or Associated Facilities License <br />application. If there are objections made to a particular Pole or Associated Facilities <br />Location by a proximate property owner or occupant, then the City may consider such