939.09  PERMITTING PROCESS, DURATION, AND TERMINATION.
   (a)   Upon approval of its Application, an Applicant shall receive a Small Cell Use Permit indicating that the City has granted the Applicant consent to occupy the Right-of-Way.
   (b)   A Small Cell Use Permit issued to an Operator shall have duration of ten (10) years. Permits may be renewed for five year terms.
   (c)   A Small Cell Use Permit issued to a Facilities Operator who is not an Operator shall have a term or ten (10) years or the duration of the Facilities Operator's agreement with a wireless service provider provided pursuant to Section 939.06(k), whichever is shorter.
   (d)   A Small Cell Use Permit shall not be renewed if the Facilities Operator or the Facilities are not in compliance with all applicable laws and regulations.
   (e)   Pursuant to Ohio R.C. Section 4939.0314(E), a Small Cell Use Permit shall be deemed terminated if the Facilities Operator has not completed construction of the Facilities or has failed to attach Small Cell Equipment to a Wireless Support Structure within 180 days of issuance of the permit, unless the delay is caused by:
      (1)   Make-ready work for a municipally-owned Wireless Support Structure; or
      (2)   Due to the lack of commercial power or backhaul availability at the site, provided that the Operator has made a request for commercial power or backhaul services within sixty days after the Small Cell Use Permit was granted.
   If the additional time to complete the installation exceeds three hundred sixty days (360) after the issuance of the permit, then the permit shall be deemed terminated regardless of the cause of the delay.
   (f)   A Small Cell Use Permit for a new Wireless Support Structure shall be deemed terminated if the Facilities Operator fails to attach Small Cell Equipment to the new Wireless Support Structure within 180 days of issuance of the Small Cell Use Permit.
   (g)   If the Facilities Operator fails to remit the annual attachment fee required pursuant to Section 939.10, then the Small Cell Use Permit will expire on the ninetieth (90th) day from the date the annual attachment fee was due.
   (h)   A Small Cell Use Permit may be terminated by the Facilities Operator at any time upon service of sixty (60) days written notice to the City.
   (i)   Upon termination of a Small Cell Use Permit, the Facilities Operator shall restore and rehabilitate all City-owned Wireless Support Structures and the Right-of-Way to their former condition and utility.
   (j)   The City shall not issue any refunds for any amounts paid by the Facilities Operator upon termination of the permit.  (Ord.  2019-117.  Passed 10-16-19.)