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Eligible Facilities Requests Policy (City of Pleasanton) page 15 / 26 base station, and will be regarded as a modification to the underlying approval for the subject tower or base station. The City’s grant or any approval deemed granted by operation of law of this EFR Approval will not extend the permit term, if any, for any underlying permit or other underlying prior regulatory authorization in connection with the wireless tower or base station to be modified. Accordingly, the term for this EFR Approval shall be coterminous with the underlying permit or other prior regulatory authorization for the subject tower or base station, and any renewals thereof. (2) Compliance Obligations Due to Invalidation. In the event that any court of competent jurisdiction invalidates all or any portion of Section 6409 or any FCC rule that interprets Section 6409 such that federal law would not mandate approval for any eligible facilities request(s), such approval(s) sha ll automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved eligible facilities requests or the approval authority grants an extension upon written request from the permittee that shows good cause for the extension, which includes without limitation extreme financial hardship. Notwithstanding anything in the previous sentence to the contrary, the approval authority may not grant a permanent exemption or indefinite extension. A permittee shall not be required to remove its improvements approved under the invalidated eligible facilities request when it has obtained the applicable permit(s) or submitted an application for such permit(s) before the one-year period ends. (3) City’s Standing Reserved. The City’s grant or grant by operation of law of an EFR Approval pursuant to this policy does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409, any FCC rules that interpret Section 6409, any eligible facilities request or any EFR Approval issued pursuant to this policy. (4) Compliance with Approved Plans. Before the permittee submits any applications to the building official required to commence construction in connection with this EFR Approval, the permittee must incorporate this EFR Approval, all conditions associated with this EFR Approval and any approved photo simulations into the project plans (the “Approved Plans”). The permittee must construct, install and operate the wireless facility in strict compliance, as determined by the approval authority, with the Approved Plans. Any alterations, modifications or other changes to the Approved Plans, whether requested by the permittee or required by other departments or public agencies with jurisdiction over the wireless facility, must be submitted in a written request subject to the approval authority’s prior review and approval. The approval authority may revoke the EFR Approval if the approval authority finds that the requested alteration, modification or other change may cause a substantial change as that term is defined by the FCC in 47 C.F.R. § 1.6100(b)(7), as may be amended. Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5