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4, An applicant shall not be issued a license if it had applied for a license that <br />the City denied within the previous three years; filed materially misleading information in <br />a license application; or intentionally withheld information that the applicant is lawfully <br />required to provide, <br /> <br /> 5, Unless a different term is provided in other provisions of this Rule or the <br />license, licenses shall be valid for one year beginning July 1 and terminating June 30 of <br />the following year. Licenses shall be renewed automatically fo~ additional one.year <br />periods without completing a new application, subject to the following: <br /> <br /> 5,1 The licensee has paid all required fees and has complied with the terms of <br /> the license and with all applicable ordinances, rules and other laws; <br /> <br /> 5.2 The City may notify the licensee that the license will not be renewed for <br /> the following year, for any reason, at any time prior to April 30; <br /> <br /> 5,3 The City may suspend or revoke a license during its one-year term for <br /> failure to pay required fees or for noncompliance with applicable ordinances, <br /> rules or other laws. <br /> <br /> 6, The revocation or suspension of a license shall be governed bythe <br />procedures set forth in Sections 3,050 and 3.055 of the Eugene Code, 1971, <br /> <br /> ?, Appeals of denials, revocations and suspensions of licenses shall be <br />governed by the procedures set forth in Section 2,021 of the Eugene Code, .1971. <br /> <br /> 8, The issuance of a license shall not convey equitable or legal title in the <br />right-of-way to the licensee, <br /> <br />R.3,400.E License Exemptions, <br /> <br /> t, A reseller who does not, either itself or through an affiliate, own or lease, <br />control or manage any facility in the right-of-way, and is not involved in the construction <br />or repair of facilities in the right-of-way, may use another person's facilities to engage in <br />telecommunications activities in the right-of-way without obtaining a license, providing it <br />first registers with the City and pays the required registration fees, license fees, and any <br />other applicable fees. <br /> <br /> 2, An operator whose only use of the public right-of-way is to place wireless <br /> transmitting or receiving facilities above the ground on existing poles or similar <br /> structures in the right.of.way, and who does not install or use lines, wires, or cables, is <br /> not required to obtain a license under Section 3.410 of the Eugene Code, 1971 or these <br /> Rules, providing the operator has registered with the City and paid all required fees. <br /> <br /> Administrative Order- Page 6 <br /> C:~Docun'tents and Settings/cedppcbl, ocal Settings/Temporary Intemet Files/OCK84/05 Telecom Rules- 2 ao (00113874),DOC <br /> <br /> <br />