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Note: M. S. § 237.162, subd. 13.
<br /> WIRELESS SERVICE. Any service using licensed or unlicensed wireless spectrum, including
<br /> the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided
<br /> using wireless facilities. Wireless service does not include services regulated under Title VI of
<br /> the Communications Act of 1934, as amended, including cable service.
<br /> WIRELESS SUPPORT STRUCTURE. A new or existing structure in a right-of-way designed
<br /> to support or capable of supporting small wireless facilities, as reasonably determined by the
<br /> city.
<br /> Note: M. S. § 237.162, subd. 16
<br /> (Ord. 9756, passed 6-20-2000)
<br /> 0§ 94.04 ADMINISTRATION.
<br /> The Administrator is the principal city official responsible for the administration of the right-
<br /> of-way permits, and the regulations related thereto. The Administrator may delegate any or all
<br /> of the duties hereunder.
<br /> (Ord. 9756,passed 6-20-2000)
<br /> 0§ 94.05 FRANCHISE; FRANCHISE SUPREMACY.
<br /> The city may, in addition, to the requirements of this chapter, require that any person, which
<br /> has or seeks to have equipment located in any right-of-way, obtain a franchise for the full extent
<br /> permitted by law, now or hereinafter enacted. The terms of any franchise which are in direct
<br /> conflict with any provision of this chapter, whether granted prior or subsequent to enactment of
<br /> this chapter, shall control and supersede the conflicting terms of this chapter, provided, however,
<br /> that requirements relating to insurance, bonds, penalties, security funds, letters of credit,
<br /> indemnification, or any other security in favor of the city may be cumulative in the sole
<br /> determination of the city or unless otherwise negotiated by the city and the franchise grantee.
<br /> All other terms of this chapter shall be fully applicable to all persons, whether franchised or not.
<br /> (Ord. 9756, passed 6-20-2000)
<br /> 0§ 94.06 RESERVATION OF REGULATORY AND POLICE POWERS.
<br /> A permittee's or registrant's rights are subject to the regulatory and police powers of the city to
<br /> adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the
<br /> public.
<br /> (Ord. 9756, passed 6-20-2000)
<br /> 0§ 94.07 SEVERABILITY; REVOCABLE PERMITS.
<br /> If any subchapter, section, division, sentence, clause, phrase, or portion of this chapter is for
<br /> any reason held invalid or unconstitutional by any court or administrative agency of competent
<br /> jurisdiction, the portion shall be deemed a separate, distinct, and independent provision and the
<br /> holding shall not affect the validity of the remaining portions thereof. If a regulatory body or a
<br /> court of competent jurisdiction should determine by a final, non-appealable order that any
<br /> permit, right, or registration issued under this chapter or any portions of this chapter is illegal or
<br /> unenforceable, then the permit, right, or registration granted or deemed to exist hereunder shall
<br /> be considered as a revocable permit with a mutual right in either party to terminate without cause
<br /> upon giving 60-days written notice to the other. The requirements and conditions of the
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