(a) 
The town shall not be liable to provider for any damage caused by other providers with wireless facilities sharing the same pole or for failure of provider’s network nodes for whatever reason, including damage resulting from vehicular collisions, weather related events, or malicious attacks.
(b) 
The town shall not be liable to provider by reason of inconvenience, annoyance or injury to the network nodes or node support poles or activities conducted by provider therefrom, arising from the necessity of repairing any portion of the right-of-way, or from the making of any necessary alteration or improvements, in, or to, any portion of the right-of-way, or in, or to, town’s fixtures, appurtenances or equipment. The town will use reasonable efforts not to cause material interference to provider’s operation of its network nodes or node support poles.
(Ordinance 18-832 adopted 11/12/18)
(a) 
No interference.
Prior to the provider beginning operation of any node, the provider shall work with the town to test the node to determine if there is interference with the town’s traffic signal system, public safety radio system, or other town communications. In the event that provider’s network nodes interferes with the town’s traffic signal system, public safety radio system, or other town communications infrastructure operating on spectrum where the town is legally authorized to operate, provider shall promptly cease operation of the network nodes causing said interference upon receiving notice from the town and refrain from operating. Provider shall respond to the town’s request to address the source of the interference as soon as practicable, but in no event later than twenty-four (24) hours of receiving notice.
(b) 
Protocol for responding to event of interference.
(1) 
The protocol for responding to events of interference will require provider to provide the town an interference remediation report that includes the following items:
(A) 
Remediation plan.
Devise a remediation plan to stop the event of inference;
(B) 
Time frame for execution.
Provide the expected time frame for execution of the remediation plan; and
(C) 
Additional information.
Include any additional information relevant to the execution of the remediation plan.
(2) 
In the event that interference with town facilities cannot be eliminated, provider shall shut down the network nodes and remove or relocate the network node that is the source of the interference as soon as possible to a suitable alternative location made available by town.
(c) 
Following installation or modification of a network node, the town may require provider to test the network node’s radio frequency and other functions to confirm it does not interfere with the town’s operations.
(Ordinance 18-832 adopted 11/12/18)