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10.A. Action 2019 0107
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10.A. Action 2019 0107
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12/21/2018 7:57:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/7/2019
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Agmt 2019 MLA for Small Cell Pole Attachment
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Path:
\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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Path:
\City Clerk\City Council\Ordinances\2019
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18 <br />engineer. Licensee’s plans and specifications and any Equipment installed, if authorized, <br />shall comply with the minimum requirements provided in Exhibit B to this Master License, <br />attached to and incorporated herein. Licensee expressly agrees that these minimum <br />requirements are an exercise of the City’s proprietary interests as the owner of the City <br />Poles and Associated Facilities and are not an exercise of the City’s regulatory authority. <br />Licensee is authorized to install Equipment at the License Area covered by the Pole or <br />Associated Facilities License only in strict compliance with the plans and specifications <br />approved by the City and, if applicable, in compliance with Regulatory Approvals <br />(hereinafter referred to as “Approved Plans”). <br />7.1.2 Identification and Other Signage. Licensee shall place one identification <br />plate in size, material, form, and substance strictly complying with the Approved Plans on <br />its Equipment at each Pole Location, and one identification plate with the same <br />information on the ground near the Pole or Associated Facilities . The plates shall include <br />Licensee’s corporate name and the telephone number at which Licensee’s on-call <br />representative listed in the Basic License Information can be reached. If Licensee’s on- <br />call representative changes, Licensee must provide notice to the City of the new contact <br />information within 72 hours and replace all identification plates within 10 business days. <br />Licensee may also place signage on Licensee’s Equipment that contains information and <br />disclosures required by the Federal Communications Commission (the “FCC”). <br />Replacement of Licensee’s signage will be considered maintenance subject to Section 10.5 (Licensee’s Equipment). <br />7.1.3 Required Changes. Licensee may amend previously Approved Plans if <br />required to obtain or comply with other Regulatory Approvals necessary for installation of <br />Equipment, including construction or installation-related temporary street occupancy <br />permits, traffic control permits, and building permits, as may be required by City or State <br />of California codes. Amendment of Approved Plans will require the City’s approval. <br />Licensee acknowledges that as of the Effective Date of this Master License, the City has <br />not approved or promised to approve any plans, specifications, or permits necessary for <br />Licensee to install Equipment on any City Poles or Associated Facilities. The City will <br />provide notice of its decision in accordance with Section 28.1 (Notices). <br />7.1.4 Corrections. The City’s approval of plans, specifications, and amendments <br />to Approved Plans, and the issuance of related Regulatory Approvals will not release <br />Licensee from the responsibility for and obligation to correct any errors or omissions that <br />may be contained in the Approved Plans and related Regulatory Approvals. Licensee <br />shall notify the Engineering and Transportation Department immediately upon discovery <br />of any omissions or errors, and Licensee shall obtain required approvals of any <br />amendments to previously Approved Plans before proceeding with any current or pending <br />equipment installation. <br />7.2 Installation. <br />Licensee shall not commence installation of Equipment on any License Area until the City <br />has given Licensee notice to proceed by delivery of the countersigned copy of the <br />Acknowledgment Letter confirming the Commencement Date under Section 4.1.2 <br />(Commencement Date) and by issuing the Encroachment Permit under Section 6.2 (Regulatory <br />Approval Required). When installing Equipment, Licensee must strictly comply with the <br />Encroachment Permit and Approved Plans as originally approved, or, if applicable, as amended <br />or corrected. If Licensee has not obtained an Associated Facilities License, Licensee shall not <br />access any City Associated Facilities but shall be required to install Licensee’s pull box and <br />conduits subject to the City’s specifications and requirements set forth in the Municipal Code and <br />any applicable permits that Licensee is required to obtain. <br />7.3 Notice Required Prior to Installation.
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