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CC PACKET 03262019
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CC PACKET 03262019
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12 <br /> <br />owner of the small wireless facility or wireless support structure and at the owner’s <br />sole expense. <br />G) Relocation. The department may require a permittee to relocate or modify a small wireless <br />facility or wireless support structure in a public right-of-way or on city-owned property in <br />a timely manner and at the permittee’s cost if the department determines that such <br />relocation or modification is required to protect public health, safety and welfare, or to <br />prevent interference with other facilities authorized pursuant to this chapter, or to prevent <br />interference with public works projects of the department. <br />H) Security Required. Each permittee shall submit and maintain with the department a bond, <br />cash deposit, or other security acceptable to the department, in a form and amount <br />determined by the department in accordance with the general standards, securing the <br />faithful performance of the obligations of the permittee and its agents under any and all <br />small wireless facility permits issued to the permittee under this Chapter. If, in accordance <br />with this Chapter, the department deducts any amounts from such security, the permittee <br />must restore the full amount of the security prior to the department’s issuance of any <br />subsequent small wireless facility permit. The department shall return or cancel the security <br />should the permittee cease to operate any small wireless facilities in the public right-of- <br />way. <br />I) Payment of Fees Required. A small wireless facility permit shall not be issued prior to the <br />complete payment of all applicable Fees. <br />J) Notice of Assignment Required. A permittee upon or within ten (10) calendar days after <br />transfer, assignment, conveyance, or sublet of an attachment that changes the permit and/or <br />billing entity or ownership responsibilities shall provide written notification to the <br />department. <br />98.070 Small Wireless Facility Permit Term. <br />A) Term. A small wireless facility permit for a small wireless facility in the public right-of- <br />way shall have a term equal to the length of time that the small wireless facility is in use, <br />unless the small wireless facility permit is revoked under this Chapter or is otherwise <br />allowed to be limited by applicable law. The term for all other small wireless facility <br />permits shall be for a period of up to ten (10) years. <br />98.080 Denial or Revocation of a Small Wireless Facility Permit. <br />A) Permit Denial. The department may deny any small wireless facility permit if the applicant <br />does not comply with all provisions of this Chapter, or if the department determines that <br />the denial is necessary to protect public health, safety, and welfare, or when necessary to <br />protect the public right-of-way and its current use. <br />B) Permit Revocation. The department may revoke a small wireless facility permit, with or <br />without refund, in the event of a substantial breach of the terms and conditions of any <br />statute, ordinance, rule, or regulation, or any material condition of the small wireless <br />facility permit. A substantial breach includes, but is not limited to, the following: <br />45
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