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A. Any wireless provider desiring to install, repair, maintain, remove and replace wireless facilities in the public way shall first enter into a master license agreement with the city, except to the extent exempted by federal or state law. A macro wireless facility is not permitted in the public way unless required by federal law.

B. The city may grant nonexclusive master license agreements on a nondiscriminatory basis, governing the installation, operation, use and maintenance of wireless facilities in the city’s public way in accordance with the provisions of this section.

C. The term of a master license agreement may be renewed if the wireless provider is in compliance with the master license agreement and all applicable laws, rules, and regulations, including this chapter.

D. This section shall only apply to wireless facilities. If a wireless provider has telecommunications systems that may be used for multiple purposes, such as a wireline backhaul facility or video services system, then such provider shall obtain a franchise agreement from city for each permitted purpose.

E. Before offering or providing any wireless services pursuant to the master license agreement, a wireless provider shall obtain all other regulatory approvals, permits, authorizations or licenses for the offering or providing of such services from the appropriate federal, state, and local authorities, if required, and, upon request of the city, shall submit to the city evidence of the same, such as a license from the FCC or certificate from the state public service commission.

F. The grant of a master license agreement will not excuse the wireless provider from obtaining (1) any permit or other authorization required to engage in or carry on any business within the city as required by the laws, rules, and regulations of the city, (2) any other permit, agreement or authorization required in connection with the use of property or facilities owned by third parties, or (3) any other permit or authorization required in connection with excavating or performing other work in or along the public way.

G. Except to the extent exempted by applicable law, any wireless provider acting without a master license agreement on the effective date of the ordinance codified in this chapter shall request issuance of a master license agreement from the city within ninety (90) days of the effective date of the ordinance codified in this chapter. If such request is made, the wireless provider may continue to provide services during the course of negotiations. If a timely request is not made, or if a master license agreement is not granted, the wireless provider shall remove its equipment from the public way within thirty (30) days of notice from the city.

H. A master license agreement shall not convey title, equitable or legal, in the public way. A master license agreement is the right to occupy the public way on a nonexclusive basis for the limited purposes and time period stated in the agreement.

I. A master license agreement granted pursuant to this chapter shall contain appropriate provisions for enforcement, compensation, and protection of the public, consistent with the other provisions of this chapter, including, but not limited to, defining events of default, procedures for accessing the bond/security fund, and rights of termination or revocation.

J. In the event a wireless provider continues to operate all or any of its wireless facilities after the term of the master license has expired, such wireless provider shall continue to comply with all applicable provisions of this chapter and the master license agreement, including, without limitation, all compensation provisions; provided, that any such continued operations shall in no way be construed as a renewal or other extension of the master license agreement, nor as a limitation on the remedies available to the city as a result of such continued operation after the term, including, but not limited to, damages and restitution. (Ord. 2020-02-005 § 1, 2-2-2020)