Agmt 2019 MLA for Small Cell Pole Attachment

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6.8 Pole License Approval. The City will notify Licensee that the City has approved each Pole License by returning one fully executed counterpart of the Pole License to Licensee. The City requires as a condition to approval of any Pole License that Licensee provide proof that contractors installing Equipment have bonds and insurance coverage as required by Section 19.5 (Contractors' Insurance and City Business License). A City decision to grant or deny a Pole License application is not a regulatory determination subject to appeal, but is an exercise of the City's proprietary authority over its Poles as its personal property. In the event that Licensee fails to commence construction pursuant to the Pole License within one year from the date the City fully executes the Acknowledgment Letter, the Pole License shall automatically expire unless the City grants a written extension. Licensee shall not be entitled to any refund for any Administrative Payments, which include without limitation the License Fee, paid in connection with a Pole License except as provided in Section 27.1 (Early Termination by Either Party). Nothing in this Section is intended to prohibit or prevent Licensee from submitting a new Pole License Application for the same or substantially the same Poles as those covered under a Pole License that expired pursuant to this Section. 6.9 Right to Disapprove. Licensee acknowledges that the City reserves the absolute right to disapprove any Pole License Application in whole or in part when the City determines in its sole judgment that the subject Pole Location or proposed Equipment would interfere with the City's municipal functions or proprietary interests or create a hazardous or unsafe condition. In addition, Licensee acknowledges that the City reserves the absolute right to disapprove any license within a Pole License Application when the subject Pole would involve above -ground equipment (other than the antenna and any required electric meter) in a residential district or in close proximity to a sensitive neighborhood, as solely determined by the City, unless, in the City's sole and absolute determination, no reasonable alternative exists. 6.10 Federal and State Regulations Inapplicable Licensee expressly acknowledges and agrees that all requirements, limitations or other restrictions in any Laws applicable to the City in its regulatory capacity (which may include 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; California Public Utilities Code §§ 7901 or 7901.1; California Government Code §§ 50030, 65850.6, 65964 or 65964.1; and any judicial or administrative interpretations in connection with any such Laws) do not apply to the City's review or determination in connection with any Pole License Application submitted pursuant to this Master License. Without any limitation on the generality of the preceding sentence, and for only the purposes in this Master License and any Pole License, the City and Licensee expressly acknowledge and agree that any Equipment installed pursuant to this Master License or any Pole License will not be considered or interpreted as "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), and any Pole or replacement Pole on which such Equipment is installed will not be considered or interpreted as a "tower" or a "base station" as used in 47 U.S.C. § 1455 or 47 C.F.R. § 1.40001 et seq. 7 INSTALLATION OF EQUIPMENT 7.1 Approved Plans and Specifications. 7.1.1 Strict Compliance Required. Licensee must submit its plans and specifications for the City's review as Exhibit A-2 to its Pole License application. Plans and specifications must cover all Equipment, including signage required or permitted 16