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A. The city must issue a written determination granting or denying the renewal application in whole or in part. If the renewal request is denied, the written determination must include substantial evidence of the reason(s) for denial, based on the standards set forth below. Prior to granting or denying renewal of a master permit under this chapter, the Council must conduct a public hearing and make a decision based on the following criteria:

1. The continuing capacity of the public right-of-way to accommodate the applicant’s existing facilities;

2. The applicant’s compliance with the requirements of this title and the master permit agreement;

3. Applicable federal, state, and local wireless telecommunications laws, rules and policies; and

4. Such other factors that may demonstrate that the continued grant to use the public right-of-way will serve the community interest.

B. The Council may not deny a renewal application based on violations of the master permit unless the applicant has been given notice and an opportunity to cure.

C. Any service provider whose proposal for renewal has been denied by the city, or has been otherwise adversely affected by a failure of the city to act, may appeal such final decision or failure to act within 120 days in any court of competent jurisdiction. (Ord. 3039 § 2, 2019)