A. 
A master license agreement shall be required of any telecommunications provider who, prior to the effective date of this chapter, installed and owns or intends to install any facilities or accessory equipment in the right-of-way for the purpose of providing telecommunications services by that provider or another provider. A master license agreement shall be executed between the telecommunications provider and the City, and such agreement shall be a condition of the permit and authorization to commence work. Applicants are encouraged to commence the permit application process concurrently with any negotiations and prior to execution of the agreement. The master license agreement shall set forth the terms and conditions of this chapter as well as such additional terms as agreed to between the parties, so long as such terms are competitively neutral in relation to similar agreements with other providers. A master license agreement may be executed prior to the issuance of permits; however, no work shall be authorized in the right-of-way until the site-specific permit is issued.
B. 
Telecommunications providers shall obtain individual permits from the City Engineer, pursuant to Chapter 104 of the Municipal Code, for all sites of construction or installation of facilities within the right-of-way. Permit applicants shall comply with all applicable requirements and procedures as set forth in the rules and regulations and any terms and conditions contained in the permit.
C. 
The City Engineer may determine that installers of telecommunication facilities on private property which require a de minimus use of the right-of-way are not subject to the master license agreement requirements of this chapter; however, the City Engineer, in his/her sole discretion, may require such registration information or other requirements of this chapter as is necessary to enable the City to manage and protect the right-of-way.
A. 
Authorization to use the right-of-way granted hereunder shall be limited to the approval to use specific locations, install specific facilities and equipment, and to use specific municipal facilities as described in the master license agreement and the permits. Any substantial change, modification, extension, addition or relocation of a telecommunication provider's facilities or accessory equipment in or to locations in the right-of-way not included in the permits or to new or different municipal facilities shall require an amendment of the permit or an additional permit to include those new locations or facilities. The master license agreement shall also be amended whenever fees or other requirements for new facilities or accessory equipment were not addressed in the existing agreement.
B. 
Any modifications made to an existing telecommunications facility or any accessory equipment in the right-of-way shall require that all aspects of that facility be brought into compliance with this chapter and the rules and regulations and shall require a new permit.
No license or permit granted hereunder shall confer any exclusive right, privilege or license to occupy or use the right-of-way for delivery of telecommunications services or any other purposes. All permits and licenses to construct or place facilities and equipment in the right-of-way shall be nonexclusive and shall not prohibit co-location or City use.
A. 
No license granted hereunder shall convey any right, title or interest in the right-of-way, but shall be deemed a license only to use and occupy the right-of-way for the limited purposes and term stated under this chapter or as defined by the master license agreement and permit.
B. 
No license granted hereunder shall authorize or excuse a licensee from securing such further leases or other approvals as may be required to lawfully occupy and use the right-of-way, including any locations in the right-of-way not specifically authorized by the master license agreement or permit.
C. 
No license granted hereunder shall be construed as any warranty of title.
D. 
With the exception as stated in § 106-7C, no permit granted hereunder shall be effective until the applicant and the City have executed a written master license agreement setting forth the particular terms and conditions under which the licensee is to occupy and use the right-of-way.
A. 
The City shall issue a written determination granting or denying a permit application, in whole or in part, and may impose additional conditions related to the management and protection of the right-of-way on the permit at its discretion. After receipt of a complete application, the City will issue such determination consistent with the requirements of applicable laws.
The City has determined that to protect the public safety and ensure proper management of the right-of-way, the review and approval of permit applications for facilities and equipment in the right-of-way requires a comprehensive review of all submitted documents and site inspections as needed.
B. 
With respect to small cell installation, such permit review includes but is not limited to inspection visits to each proposed site to verify field conditions such as existence of overhead lines, areaways and other aboveground facilities, inspection of electrical circuits for the pole, coordination with electrical utilities, evaluation of adjacent road and sidewalk conditions, identification of other competing right-of-way projects in the area, and addressing complaints or issues with adjacent residential and business neighbors. When applications for multiple sites are submitted at the same time, sufficient additional time shall be required for the review and inspection of each individual site. Accordingly, such permit determination shall be issued within 30 days of receipt of a completed single-site application, extended by two business days for each additional site requested on the permit application. Failure of the City to act within the prescribed time frame shall not be deemed an approval of the application.
A small cell permit application shall be deemed incomplete, and the above time frames shall not commence, if the applicant is so notified in writing within 10 days from receipt of the application, stating the manner in which the application is incomplete, including but not limited to the failure of the applicant to complete the registration requirements or the determination, as set forth below, that the services of an expert consultant are required. If the applicant submits a revised application which does not include the documents or information identified in the prior notification, the City shall within 10 days provide written notice that the application is incomplete and that no further action will be taken by the City to review the application until all deficiencies in the application have been corrected.
C. 
If the City determines that it does not have the expertise needed to evaluate the equipment, location, or technology associated with an application with respect to the factors in Subsection D, below, or other material issues in the application, it may secure the services of an expert consultant to review the application at the applicant's cost. The applicant shall cooperate with the expert and ensure that all necessary information is supplied to both the City and the expert in a timely manner.
D. 
If the permit application is denied, the determination shall state in writing the reason for such denial. Among the factors to be used in making a determination to approve or deny a permit application, including a renewal application, the City may consider:
(1) 
Failure to comply with registration applications requirements as set forth in § 106-5;
(2) 
The legal authority of the applicant to occupy the right-of-way as evidenced by proof of required state and federal approvals;
(3) 
The capacity of the right-of-way and municipal facilities to accommodate the applicant's proposed facilities;
(4) 
Damage or disruption to public or private facilities, improvements, service or travel in the right-of-way, including violation of the Dig Once, or other policies as set forth in the rules and regulations, if the approval is granted;
(5) 
The effect on public health, safety and welfare;
(6) 
The availability of practicable alternative routes, excess capacity and/or co-location options which would avoid damage or disruption to the right-of-way;
(7) 
Applicable laws;
(8) 
Material errors or omissions in required data or materials submitted;
(9) 
Failure to use reasonable camouflage methods to mitigate the impacts of the proposed telecommunications facilities and accessory equipment, as set forth in more detail in the rules and regulations;
(10) 
Compliance with Federal EMF emissions standards;
(11) 
The applicant's history of noncompliance with this chapter, Chapter 104, the rules and regulations, the permits or a master license agreement.
E. 
Appeals. Any person may appeal the City Engineer's decision in writing to the Commissioner of Environmental Services within 10 days after the determination is served on the applicant. The applicant shall have the right to submit any relevant evidence as an attachment to such appeal. The Commissioner may conduct a hearing on the appeal to collect and review pertinent information and will notify the applicant of his or her determination within 20 days. Judicial review of the determination may be sought pursuant to Article 78 of the New York State Civil Practice Law and Rules.
Section 332(c)(7)(B)(iv) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions. Accordingly, appeals based on the environmental effects of radio frequency emissions will not be considered.
A master license agreement granted hereunder shall be approved by City Council and may remain in effect for a term of 10 years with the option for two renewals of five years each upon agreement of the parties. Such renewals, so long as provided for in the ordinance approved by City Council, may be processed by the administrator.
A. 
Any licensee that desires to exercise the renewal term in its master license agreement shall, not more than 180 days nor less than 90 days before expiration of the current master license agreement, file an application with the administrator for renewal. The application shall provide any information required by § 106-5 which differs from the original application. The City and licensee shall execute a master license agreement extension or the City shall issue a written determination denying the renewal application in whole or in part within 30 business days from receipt of the completed renewal request. Failure of the City to respond within 30 business days does not constitute an automatic approval of the renewal. If the renewal is denied, the determination shall state the reason for such denial. Denial of a license renewal may be appealed in the same manner as an appeal of the denial of a permit application detailed in § 106-11D.
B. 
After the final renewal term of the master license agreement expires, the applicant must reregister as required by § 106-5 and negotiate a new master license agreement. Such efforts should be started at least 180 days prior to expiration of the master license agreement to allow sufficient time for negotiations and City Council approval.
No master license agreement shall be renewed until any ongoing violations or defaults in the licensee's performance of the requirements of this chapter, and violations of all applicable laws and permit conditions have been cured, or a plan detailing the corrective action to be taken by the licensee within a defined schedule, has been approved by the City Engineer or designee.