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(a) Replacement. During the term of a Personal Wireless Service Facility Site Permit, a Permittee may Replace equipment that is part of a permitted Personal Wireless Service Facility without obtaining a Modification Permit.
(b) Removal. During the term of a Personal Wireless Service Facility Site Permit, a Permittee may remove equipment that is part of a permitted Personal Wireless Service Facility without obtaining a Modification Permit.
(c) Department Procedures.
(1) Permittee's Notification. A Permittee shall notify the Department in writing that it intends to Replace or remove equipment at a permitted Personal Wireless Service Facility as permitted by this Section 1521. In the notice, the Permittee shall at a minimum:
(A) Identify the use and size of each piece of equipment that the Permittee is seeking to remove from the Utility Pole;
(B) Identify the use and size of the equipment that the Permittee is seeking to install on the Utility Pole to Replace existing equipment; and
(C) If any new equipment will Replace existing equipment, provide drawings and photo-simulations of the existing and new equipment the Permittee is seeking to install on the Utility Pole.
(2) Department Notification. Within five (5) business days of receipt of the Permittee's request to Replace or remove equipment as described above, the Department shall notify the Permittee in writing whether the Department has determined that the request complies with the requirements of this Section 1521.
(3) Permittee Replacement or Removal. Upon receipt of a Department notice that the request complies with this Section 1521, the Permittee may Replace or remove the equipment identified in the request.
(4) Compliance with Other Requirements. Nothing in this Section 1521 shall be construed to relieve the Permittee of its duty to comply with any City regulations or permitting requirements when removing equipment from or Replacing Equipment on a Utility Pole.
(a) Modification Permit Required. A Permittee seeking to add equipment to a permitted Personal Wireless Service Facility that does not comply with the requirements of Section 1521 above, because the replacement equipment is not is1
identical in size or smaller than the previously permitted equipment, must obtain a Modification Permit.
(b) Department Procedures.
(1) Application. In an Application for a Modification Permit, the Applicant shall at a minimum:
(A) State whether the permitted Personal Wireless Service Facility is a Base Station;
(B) Identify the use and size of any piece of equipment that the Applicant is seeking to remove from the Utility Pole;
(C) Identify the use and size of any equipment that the Applicant is seeking to add to the Utility Pole;
(D) State whether any piece of equipment the Applicant is seeking to add to the Utility Pole is Transmission Equipment and, if so, explain why it meets the definition of Transmission Equipment;
(E) Provide drawings and photo-simulations of the existing and new equipment the Permittee is seeking to install on the Utility Pole; and
(F) State whether the proposed modification will result in a Substantial Change to the Physical Dimensions of the Utility Pole.
(2) Time for Department Determination. The Department shall by order or regulation establish the appropriate time frame for the Department to review an Application for a Modification Permit that is consistent with the requirements of Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. § 1455(a), as may be amended from time to time, and with any FCC decision addressing that section or any FCC regulation implementing that section.
(c) Approval of Modification Permits at Base Stations.
(1) No Substantial Change to the Physical Dimension. The Department shall approve an Eligible Facilities Request for a Modification Permit if the installation of the modified Transmission Equipment would not Substantially Change the Physical Dimensions of the Utility Pole where the permitted Base Station equipment has been installed.
(2) Substantial Change to the Physical Dimensions. The Department may approve an Eligible Facilities Request for a Modification Permit if the installation of the modified Transmission Equipment would Substantially Change the Physical Dimensions of the Utility Pole where the permitted Base Station equipment has been installed, provided the Application complies with the requirements of Section 1522(e)(2) below.
(3) Equipment Other than Transmission Equipment. The Department may approve an Application for a Modification Permit at a Personal Wireless Service Facility that is a Base Station if the Application seeks to modify equipment other than Transmission Equipment, provided the Application complies with the requirements of Section 1522(e)(2) below.
(d) Approval of Modification Permits at Other Types of Facilities. The Department may approve an Application for a Modification Permit at a Personal Wireless Service Facility that is not a Base Station, provided the Application complies with the requirements of Section 1522(e)(2) below.
(e) Applicability of Other Provisions of this Article.
(1) No Substantial Change to the Physical Dimension. The other provisions of this Article 25 related to approval of an Application for a Personal Wireless Service Facility Site Permit shall not apply to the Department's review of an Application for a Modification Permit that complies with the requirements of Section 1522(c)(1) above. These provisions include, but are not limited to, Notice of Final Determination (Section 1514 above) and Appeals (Section 1515 above).
(2) Other Types of Modifications. Before approving an Application for a Modification Permit under Sections 1522(c)(2), (c)(3), and (d) above, the Department shall refer the Application to: (A) the Department of Public Health to determine compliance with the Public Health Compliance Standard; and (B) the Planning Department and/or Recreation and Park Department to determine compliance with any applicable Compatibility Standards. The Department may not approve the Modification Permit if any City department determines the Application does not comply with the appropriate standard. In addition, the Department may determine that compliance with other provisions of this Article 25, including Notice of Final Determination (Section 1514 above) and Appeals (Section 1515 above), shall be required.
(f) Generally Applicable Laws. Nothing in this Section 1522 shall prohibit the Department from denying an Application for a Modification Permit (even where the Application consists of an Eligible Facilities Request) where the Department determines that the proposed modified Personal Wireless Service Facility would violate any generally applicable building, structural, electrical, or safety code provision, or any Applicable Law codifying objective standards reasonably related to health and safety.
CODIFICATION NOTE
Each Permittee shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department securing the faithful performance of the obligations of the Permittee and its agents under any and all Personal Wireless Service Facility Site Permits issued to the Permittee under this Article 25. The deposit shall be in the sum of twenty-five thousand dollars ($25,000) in favor of the "Department of Public Works, City and County of San Francisco." If, in accordance with this Article 25, the Director deducts any amounts from such a deposit, the Permittee must restore the full amount of the deposit prior to the Department's issuance of a subsequent Permit. The Department shall return the deposit to the Permittee should Permittee cease to operate any Personal Wireless Service Facilities in the Public Rights-of-Way.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
As a condition of a Personal Wireless Service Site Facility Site Permit, each Permittee agrees on its behalf and on behalf of any agents, successors, or assigns to be wholly responsible for the construction, installation, and maintenance of any permitted Personal Wireless Service Facility. Each Permittee and its agents are jointly and severally liable for all consequences of such construction, installation, and maintenance of a Personal Wireless Service Facility. The issuance of any Personal Wireless Service Facility Site Permit, inspection, repair suggestion, approval, or acquiescence of any person affiliated with the City shall not excuse any Permittee or its agents from such responsibility or liability.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
(a) Indemnification of City. As a condition of a Personal Wireless Service Site Facility Site Permit, each Permittee agrees on its behalf and on behalf of its agents, successors, or assigns, to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind arising against the City as a result of the issuance of a Personal Wireless Service Facility Site Permit including, but not limited to, a claim allegedly arising directly or indirectly from the following:
(1) Any act, omission, or negligence of a Permittee or its any agents, successors, or assigns while engaged in the permitting, construction, installation, or maintenance of any Personal Wireless Service Facility authorized by a Personal Wireless Service Facility Site Permit, or while in or about the Public Rights-of-Way that are subject to the Permit for any reason connected in any way whatsoever with the performance of the work authorized by the Permit, or allegedly resulting directly or indirectly from the permitting, construction, installation, or maintenance of any Personal Wireless Service Facility authorized under the Permit;
(2) Any accident, damage, death, or injury to any of a Permittee's contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of the construction, installation, or maintenance of any Personal Wireless Service Facility authorized by a Personal Wireless Service Facility Site Permit, or while in or about the Public Rights-of-Way that are subject to the Permit, for any reason connected with the performance of the work authorized by the Permit, including from exposure to radio frequency emissions;
(3) Any accident, damage, death, or injury to any Person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the construction, installation, or maintenance of any Personal Wireless Service Facility authorized by a Personal Wireless Service Facility Site Permit, or while in or about the Public Rights-of-Way that are subject to the Permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and
(4) Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a Permittee or its agents about, in, on, or under the Public Rights-of-Way.
(b) Defense of the City. Each Permittee agrees that, upon the request of the City, the Permittee, at no cost or expense to the City, shall indemnify, defend, and hold harmless the City against any claims as set forth in Sections 1525(a) above, regardless of the alleged negligence of City or any other party, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the Permittee or its agent by the City and continues at all times thereafter. Each Permittee further agrees that the City shall have a cause of action for indemnity against the Permittee for any costs the City may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a Personal Wireless Service Facility Site Permit, except only for claims resulting directly from the sole negligence or willful misconduct of the City. Each Permittee further agrees that the indemnification obligations assumed under a Personal Wireless Service Facility Site Permit shall survive expiration of the Permit or completion of installation of any Personal Wireless Service Facility authorized by the Permit.
(c) Additional Requirements. The Department may specify in a Personal Wireless Service Facility Site Permit such additional indemnification requirements as are necessary to protect the City from risks of liability associated with the Permittee's construction, installation, and maintenance of a Personal Wireless Service Facility.
(Added by Ord. 12-11, File No. 100041, Eff. 2/13/2011)
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