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10.A. Action 2019 0107
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10.A. Action 2019 0107
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12/21/2018 7:57:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/7/2019
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Agmt 2019 MLA for Small Cell Pole Attachment
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Path:
\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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Path:
\City Clerk\City Council\Ordinances\2019
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1 <br />MASTER LICENSE AGREEMENT FOR <br />SMALL CELL POLE ATTACHMENT INSTALLATION <br />This MASTER LICENSE AGREEMENT FOR SMALL CELL POLE ATTACHMENTINSTALLATION(“Master License”), effective as of _____, 20__, is made by and between the <br />CITY OF SAN LEANDRO, a California charter city (the “City”) and [WIRELESS COMPANY] <br />(“Licensee”). <br />BACKGROUND <br />A.The City owns and operates approximately 4,730 street light poles and other traffic <br />control and safety poles (each, a “City Pole”) in San Leandro, California, many of which are <br />suitable sites for installing equipment to enhance wireless telecommunications services in San <br />Leandro. The City purchases electricity to power each street light from Pacific Gas & Electric <br />Company (PG&E). Certain street lights are powered from PG&E’s unmetered electrical grid, <br />while others are attached in series to various electrical meters. The City can provide Licensee <br />information on how individual streets lights are powered upon request. <br />B.Additionally, the City owns, operates and maintains conduits, pull-boxes, power <br />circuits, panels, and other related facilities located in the right-of-way (individually and collectively <br />“Associated Facilities”) that are suitable for installing equipment associated with enhancing <br />wireless telecommunication services. <br />C.Licensee has requested to use City Poles and, separate and independent from City <br />Poles and at Licensee’s election, certain City Associated Facilities to install, maintain, access, <br />and operate communications facilities as specified in this Master License. <br />D.This Master License Agreement is intended to manage the license of existing City <br />Poles and Associated Facilities for installation of outdoor distributed antenna systems, including <br />small cells or microcells to be installed and operated by wireless telecommunications carriers <br />using licensed and unlicensed spectrum and third-party hosts certificated by the California Public <br />Utilities Commission. The City reserves the right to evaluate usage of unlicensed spectrum (e.g. <br />5 Ghz) and to assess coexistence with its Public Wi-Fi equipment. Licensee agrees to work with <br />City to ensure such coexistence is achieved. The Master License has been approved by the <br />following City actions, all of which are now final and binding: <br />1.The City Council concluded that City approval of the Master License, Pole <br />License and Associated Facilities License would not commit the City to authorize use of <br />specific City Poles. Therefore, the City actions described in Paragraph C.2 did not fall <br />with the definition of a “project” under the California Environmental Quality Act (CEQA) <br />Guidelines section 15378. <br />2 The City Council adopted Resolution No. _________ authorizing its City <br />Manager or his or her designee to enter into this Master License with and to issue Pole <br />Licenses to wireless telecommunications carriers in a manner consistent with all required <br />approvals on _________, 20___. <br />E.Licensee has the authority under applicable Laws to install and maintain <br />communications facilities in the public right-of-way to provide wireless telecommunications <br />services. <br />NOW THEREFORE, IN RECOGNITION OF MUTUAL CONSIDERATION, THE ABOVE PARTIES AGREE TO THE FOLLOWING:
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