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17 <br />The City will notify Licensee that the City has approved each Pole or Associated Facilities <br />License by returning one fully executed counterpart of the Pole or Associated Facilities License to <br />Licensee. The City requires as a condition to approval of any Pole or Associated Facilities License <br />that Licensee provide proof that contractors installing Equipment have bonds and insurance <br />coverage as required by Section 19.5 (Contractors’ Insurance and City Business License). A City <br />decision to grant or deny a Pole or Associated Facilities License application is not a regulatory <br />determination subject to appeal, but is an exercise of the City’s proprietary authority over its Poles <br />and Associated Facilities as its personal property. In the event that Licensee fails to commence <br />construction pursuant to the Pole or Associated Facilities License within six (6) months from the <br />date the City fully executes the Acknowledgment Letter, the Pole or Associated Facilities License <br />shall automatically expire unless the City grants a written extension. Licensee shall not be entitled <br />to any refund for any Administrative Payments, which include without limitation the License Fee, <br />paid in connection with a Pole or Associated Facilities License except as provided in Section 27.1 <br />(Early Termination by Either Party). Nothing in this Section is intended to prohibit or prevent <br />Licensee from submitting a new Pole or Associated Facilities License Application for the same or <br />substantially the same Poles or Associated Facilities as those covered under a Pole or Associated <br />Facilities License that expired 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 or Associated Facilities Application in whole or in part when the City determines in its <br />sole judgment that the subject Pole Location or proposed Equipment would interfere with the <br />City’s municipal functions or proprietary interests or create a hazardous or unsafe condition. In <br />addition, Licensee acknowledges that the City reserves the absolute right to disapprove any <br />license within a Pole or Associated Facilities License Application when the subject Pole or <br />Associated Facilities would involve above-ground equipment (other than the antenna and any <br />required electric meter) in a residential district or in close proximity to a sensitive neighborhood, <br />as solely determined by the City, unless, in the City’s sole and absolute determination, no <br />reasonable alternative exists. <br />6.10 Federal and State Regulations. <br />To the extent this Master License is inconsistent with 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; ) the parties agree that the Laws shall prevail unless otherwise <br />agreed upon by the parties. Without any limitation on the generality of the preceding sentence, <br />and for only the purposes in this Master License and any Pole or Associated Facilities License, <br />the City and Licensee expressly acknowledge and agree that any Equipment installed pursuant <br />to this Master License or any Pole or Associated Facilities License will not be considered or <br />interpreted as “personal wireless service facilities” as defined in 47 U.S.C. § 332(c)(7)(C)(ii), and <br />any Pole or replacement Pole on which such Equipment is installed will not be considered or <br />interpreted as a “tower” or a “base station” as used in 47 U.S.C. § 1455 or 47 C.F.R. § 1.40001 et <br />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 or Associated Facilities <br />License application. Plans and specifications must cover all Equipment, including signage <br />required or permitted under Subsection 7.1.2 (Identification and Other Signage). Plans <br />and specifications shall be prepared in strict accordance with codes referenced in Section <br />13.4 (Compliance with Electrical Code), as stamped/signed by a California-licensed