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01/28/2019 any permit duration established in another permit condition, the City's grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. (3) No waiver of standing. The City's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act. (c) Small Cell Facilities Requests. In addition to the conditions provided in Section 29.108(a) of this Article and any supplemental conditions imposed by the City Engineer or his or her designee or the City Manager or his or her designee, as the case may be, all permits for a small cell facility granted pursuant to this Article shall be subject to the following condition, unless modified by the approving authority: (1) No waiver of standing. The City's grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules. Sec. 29.109. - BREACH; TERMINATION OF PERMIT: (a) For breach. A wireless encroachment permit may be revoked for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility. (b) For installation without a permit. A wireless facility installed without a wireless encroachment permit (except for those exempted by this Article) must be removed; provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility. (c) Municipal Infraction. Any violation of this Article will be subject to the same penalties as a violation under this Chapter 29 of the City Code. Sec. 29.110. - INFRASTRUCTURE CONTROLLED BY THE CITY: The City, as a matter of policy, will negotiate agreements for use of Municipal Infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the City for use of the structures. The person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon the person's request for, an agreement. ATTY/ORD.478/CC WIRELESS ORDINANCE EXHIBIT A REV: 12-12-18 VR Page 10 of 11 ORDINANCE NO. 2455 MUFF NO. 301