Agmt 2019 MLA for Small Cell Pole Attachment

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6.5 Pole License Application. Licensee shall submit Pole License applications to the City, which will review, approve, or deny each application in its reasonable discretion. Each application will consist of: (a) partially executed duplicate counterparts of a Pole License application in the form attached as Exhibit A; (b) Exhibit A-1 filled in with the location and other identifying information about each City Pole covered by the Application, including whether it is a Standard City Pole or a historic or decorative Nonstandard City Pole; (c) Exhibit A-2, consisting of all plans and specifications required under Subsection 7.1.1 (Strict Compliance Required); (d) the initial Administrative Payment as specified in Section 4.7 (Pole License Administrative Payments); and (e) if not previously provided, a copy of the Emissions Report submitted for the Encroachment Permit. For Pole License applications relating to a License Area that is not solely owned by the City, including, but not limited to, City easements located on private property, Licensee shall also provide evidence demonstrating, to the satisfaction of the City Attorney, Licensee's entitlement to use the proposed License Area for the Permitted Use. (f) typical photo -simulations that accurately depict the appearance of each variation of equipment installation proposed with the application. A photo -simulation of individual installations is not required; rather a typical photo -simulation for each variant is required so City staff can understand the general character of the equipment from an aesthetic perspective. Photographs of similar installations from other communities are acceptable provided they accurately depict the appearance of the equipment to be installed. 6.6 Pole License Application Review Process. The City will review and process Pole License applications within the timeframe allowed by the FCC and 47 U.S.C. § 332(c)(7)(13)(i)(11) and in the chronological order (date and time) in which complete applications are submitted or deemed submitted unless Licensee specifically requests a different prioritization. Except as stated in the preceding sentence or as otherwise specified in this Master License, the City will not give priority to any application or licensee over another application or licensee. The City, at its discretion, may solicit feedback from proximate property owners for installations in a residential district or in close proximity to a sensitive neighborhood. Licensee acknowledges that staff and budget considerations will limit the City's ability to review and process Pole License applications. During its review process, the City will provide to Licensee the applicable License Fee and Default Fee Schedule (Exhibit A-4 to Pole License) and City Installation Guidelines (Exhibit A-5 to Pole License), each of which will be deemed to be attached to the Pole License upon execution by the City. 6.7 Administrative Payments. The City is not obligated to begin its review of any Pole License application if Licensee has failed to pay the applicable initial Administrative Payment under Section 4.7 (Pole License Administrative Payments) when due. If Licensee does not timely deliver the required initial Administrative Payment, the supplement for any Nonstandard City Pole, or any additional Administrative Payment required for the City to complete its review, the City may suspend its review of any of Licensee's Pole License applications then under review by the City. The date and time of submission of any suspended Pole License application will be deemed to be the date and time that Licensee submits the required payment. 15