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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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\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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\City Clerk\City Council\Ordinances\2019
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26 <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 or Associated Facilities License application by Licensee, such Regulatory <br />Approvals (or written denials explaining with specificity all reasons for such denials) shall be <br />issued by the City within 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 or Associated Facilities License application. If the Emissions Report does not identify the <br />type(s) of frequencies or bandwidth used by the Equipment, Licensee shall include such <br />information in its Pole or Associated Facilities License 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 />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 Associated Facilities or <br />License Area, the City may elect any of the following actions, in the City’s sole and absolute <br />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 or Associated Facilities <br />licensed to Licensee, the City will give Licensee notice of the City’s decision whether to <br />repair or replace the damaged City Pole and its good faith estimate of the amount of time <br />the City will need to complete the work. If the City cannot complete the work within 30 <br />days after the date that the City specifies in its notice, or if the City elects not to do the <br />work, then Licensee will have the right to terminate the affected Pole or Associated <br />Facilities License on 30 days’ notice to the City. However, if City elects not to perform <br />such work, Licensee may perform such work at its sole cost and expense, subject to City <br />approval of Licensee’s plans and specifications and Licensee’s compliance with City <br />permit requirements. In such case, the affected Pole or Associated Facilities License will <br />remain in full force and effect. <br />14.1.2 Election to Remove Damaged City Pole or Associated Facility. If the City <br />decides to remove, rather than repair or replace, a damaged City Pole or Associated <br />Facilities licensed to Licensee, the applicable Pole or Associated Facilities License will <br />terminate automatically as of the last day of the month the City Pole or Associated Facility
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