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utility companies or other property owners located within the Public <br /> Right of Way as may be permitted by the public utility company or <br /> property owner, as the case may be for the purposes of operating <br /> Ricochet© and providing Services. Upon request, Metricom shall furnish <br /> to the City documentation of such permission from the individual utility <br /> or property owner responsible. City agrees to cooperate with Metricom, <br /> at no cost or expense to City, in obtaining where necessary the consents of <br /> third-party owners of property located in the Public Right of Way. <br /> 3.3 No Interference. Metricom in the performance and exercise of its rights <br /> and obligations under this Use Agreement shall not interfere in any <br /> manner with the existence and operation of any and all public and private <br /> rights of way, sanitary sewers, water mains, storm drains, gas mains, <br /> poles, zerial and underground electrical and telephone wires, electroliers, <br /> cable television, and other information or communications, utility, or <br /> municipal property, without the express written approval of the owner or <br /> owners of the affected property or properties, except as permitted by <br /> applicable Laws or this Use Agreement. <br /> 3.3.1 Interference Resolution. Any actual or anticipated radio <br /> interference caused by either the presence of the Radios or the presence of <br /> any such other communications equipment or devices in the Public Right <br /> of Way shall be resolved by Metricom and any such other providers <br /> without cost to City on the basis of the applicable rules, regulations, <br /> practices, and procedures of the FCC. City agrees to assist Metricom in the <br /> resolution of any such interference dispute at Metricom's sole expense. <br /> 3.4 Compliance with Laws. Metricom shall comply with all applicable Latins <br /> in the exercise and performance of its rights and obligations under this <br /> Use Agreement. The Right-of-Way Management Reimbursement <br /> provided for in § 4.1 below shall be in lieu of all other City fees, with the <br /> exception of any City permits required for the initial installation of the <br /> Radios. City shall promptly respond to Metricom's filings and shall <br /> otherwise cooperate with Metricom in facilitating the deployment of <br /> Ricochet® in the Public Right of Way in a reasonable and timely manner. <br /> 3.5 Location and Installation of Radios. The proposed locations of Metricom's <br /> planned initial installation of Radios shall be determined, subject to the <br /> reasonable prior review and approval of the City, promptly after <br /> Metricom's review of available street light maps and prior to deployment <br /> of the Radios. Upon the completion of installation, Metricom promptly <br /> shall furnish to the City a pole list showing the exact location of the Radios <br /> in the Public Right of Way. <br /> Right-of-Wa v Permit and facilit v Use Agreement <br /> G7v of St.Anthony..-Metricom,Inc. <br /> Page 4 of 15 <br />