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October 19, 2005 Plan Commission Minutes Page 14 of 16 report shall include measurements of the radiofrequency radiation power levels. If the report shows that the facility does not comply with applicable FCC regulations, the owner or operator shall cease operation of the facility until the facility complies with, or has been modified to comply with, the FCC regulations. Proof of compliance shall be a certification provided by the engineer who prepared the original written report. In order to assure the objectivity of the analysis, the City may require, at the owner's expense, independent verification of the results of the analysis. (2) If the Zoning Administrator at any time finds that there is good cause to believe that a wireless communications facility is not in compliance with applicable FCC radiofrequency radiation exposure limits, he/she may require the operator to submit written certification by an approved engineer that the facility is in, or has been brought into, compliance with such FCC regulations, within 30 days of notification. b. All reasonable costs of such inspections shall be borne by the owner or operator of the facility. The City may require, at the operator’s expense, independent verification of the results of any analysis. c. The owner or operator of a wireless communications facility that was approved by the City before the effective date of this Section shall submit to the Zoning Administrator written certification by an approved engineer that the facility’s radio- frequency emissions are in compliance with current, applicable FCC regulations. This certification shall be submitted within six (6) months from the date the Zoning Administrator informs the owner or operator of this requirement. If the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until it is brought into compliance. In order to assure the objectivity of the analysis, the City may require, at the owner’s expense, independent verification of the results of the analysis. d. Failure to submit the information required in this Subsection shall be considered a violation of the Zoning Code. Any facility found in violation may be recommended by the Plan Commission and ordered by the City Council to terminate operations following a duly noticed public hearing 9. Duration, Revocation, Discontinuance and Removal . a. Duration of Permits. (1) An approved conditional use permit for a new or modified wireless telecommunications facility must be activated within one (1) year from the date of final approval. If not activated within one year from the date of final approval, the permit shall be deemed expired. (2) Once activated, a permit shall be valid for an initial maximum period of up to five (5) years, or as specified by the approving body. A permit may be K:\WPOFFICE\WPDATA\m-10-19-2005.plc.final.wpd