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Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole
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Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole
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10/8/2020 3:56:54 PM
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10/8/2020 3:43:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
9/28/2020
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8E Consent 2020 0928
(Approved by)
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\City Clerk\City Council\Agenda Packets\2020\Packet 2020 0928
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License) and City Installation Guidelines (Exhibit A-4 to Pole License), each of which will be <br />deemed to be attached to the Pole License upon execution by the City. <br />6.7 Administrative Payments. <br />The City is not obligated to begin its review of any Pole License application if Licensee <br />has failed to pay the applicable initial Administrative Payment under Section 4.7 (Pole License <br />Administrative Payments) when due. If Licensee does not timely deliver the required initial <br />Administrative Payment, the supplement for any Nonstandard City Pole, or any additional <br />Administrative Payment required for the City to complete its review, the City may suspend its <br />review of any of Licensee's Pole License applications then under review by the City. The date <br />and time of submission of any suspended Pole License application will be deemed to be the date <br />and time that Licensee submits the required payment. <br />6.8 Pole License Approval. <br />The City will notify Licensee that the City has approved each Pole License by returning one <br />fully executed counterpart of the Pole License to Licensee. The City requires as a condition to <br />approval of any Pole License that Licensee provide proof that contractors installing Equipment <br />have bonds and insurance coverage as required by Section 19.5 (Contractors' Insurance and City <br />Business License). In the event that Licensee fails to commence construction pursuant to the Pole <br />License within one year from the Pole License Effective Date, the Pole License shall automatically <br />expire unless the City grants a written extension. Licensee shall not be entitled to any refund for <br />any Administrative Payments, which include without limitation the License Fee, paid in connection <br />with a Pole License except as provided in Section 27.1 (Early Termination by Either Party). <br />Nothing in this Section is intended to prohibit or prevent Licensee from submitting a new Pole <br />License Application for the same or substantially the same Poles as those covered under a Pole <br />License that expired pursuant to this Section. <br />6.9 Right to Disapprove. <br />Licensee acknowledges that the City reserves the right to disapprove any Pole License <br />Application consistent with applicable State and Federal Laws. <br />6.10 Federal and State Regulations Inapplicable. Licensee expressly acknowledges <br />and agrees that all requirements, limitations or other restrictions in any Laws applicable to the <br />City in its regulatory capacity (which may include without limitation 47 U.S.C. § 332(c)(7); 47 <br />U.S.C. § 253; 47 U.S.C. § 1455; 47 C.F.R. § 1.40001; California Public Utilities Code §§ 7901 or <br />7901.1; California Government Code §§ 50030, 65850.6, 65964 or 65964.1; and any judicial or <br />administrative interpretations in connection with any such Laws) do not apply to the City's review <br />or determination in connection with any Pole License Application submitted pursuant to this <br />Master License. Without any limitation on the generality of the preceding sentence, and for only <br />the purposes in this Master License and any Pole License, the City and Licensee expressly <br />acknowledge and agree that any Equipment installed pursuant to this Master License or any Pole <br />License will not be considered or interpreted as "personal wireless service facilities" as defined in <br />47 U.S.C. § 332(c)(7)(C)(ii), and any Pole or replacement Pole on which such Equipment is <br />installed will not be considered or interpreted as a "tower" or a "base station" as used in 47 <br />U.S.C. § 1455 or 47 C.F.R. § 1.40001 et seq <br />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 License application. Plans <br />16 <br />
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