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File Number: 18-244 <br />more bandwidth and placing heavy demand on existing network infrastructure. As a result, mobile <br />service providers are beginning to supplement their current 4G networks with small cellular base <br />stations (“small cells”) to increase bandwidth and capacity on their networks. A small cell is <br />generally considered any device that is not a “macro” site and acts similar to a mobile hot spot in <br />that it covers a small area with high-density usage. <br />These 4G small cells, and the evolution to 5G wireless technology, depend on closely spaced <br />antennas for which street lights and similar municipal vertical assets are ideal for cost effective <br />installations. Wireless infrastructure companies build and maintain “neutral” wireless network <br />infrastructure that they in turn can lease through partnership agreements to wireless service <br />providers. . Additionally, some wireless service providers choose to build and maintain their own <br />infrastructure to providing mobile and cellular services. <br />City staff worked with two wireless infrastructure providers, Mobilitie LLC (“Mobilitie”) and <br />ExteNet Systems (California) LLC (“ExteNet”), to draft MLAs that will govern and regulate the <br />deployment of small cells throughout the City with these companies. AT&T, a wireless service <br />provider, also approached the City, and discussions are currently ongoing. <br />Analysis <br />Under existing federal and state law, local municipalities retain certain authority to regulate <br />wireless telecommunications facilities in the public right-of-way. This includes the safe use of the <br />public right-of-way, the authority to regulate the aesthetic qualities of the facilities and the <br />appropriateness of the size and location of equipment within each neighborhood. The authority <br />also grants the City the right to charge fees associated with these installations. <br />However, small cell regulations have not been without tension. In 2017, Governor Brown vetoed <br />legislation at the state level that would have preempted local authority. Earlier this year, similar <br />legislation was introduced in the United States Senate, but has since been withdrawn. Currently, <br />the Federal Communications Commission (FCC) is reviewing proposed regulations that could <br />also preempt local authority. <br />In an alternative approach to state or national regulations, City Staff has negotiated directly with <br />wireless providers. As these negotiations are highly customized and unique, Staff recommends <br />adopting separate MLAs with each provider. Despite this fact, however, many aspects are <br />consistent between each MLA. For example, the MLAs outline various requirements to protect <br />community aesthetics, health, safety and welfare in the public right-of-way. The MLAs are <br />consistent with the City’s goals, and will establish the legal relationship and framework under <br />which a wireless telecommunications provider may apply to the City for permits to install small <br />cells on City assets. In addition, each small cell installation will be governed by a site-specific <br />Pole License. <br /> <br />The key terms and conditions of all MLAs include the following: <br />·The standard term of the MLA is ten years, but options for automatic and optional five (5) <br />year renewal terms may be included; <br />·Pursuant to the MLA, the licensee is required to obtain individual Pole Licenses for every <br />Page 2 City of San Leandro Printed on 9/11/2018