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10.A. Action 2019 0107
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10.A. Action 2019 0107
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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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\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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\City Clerk\City Council\Ordinances\2019
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6 <br />2. Each antenna (excluding associated antenna equipment as defined by 47 <br />C.F.R. §1.1320(d) ) is no more than three cubic feet in volume; and <br />3. All other wireless equipment associated with the facility are cumulatively no <br />more than 28 cubic feet in volume; and <br />4. The facility does not require antenna structure registration under 47 C.F.R. <br />Chapter 1, Subchapter A, Part 17. <br />5. The facility is not located on Tribal lands, as defined under 36 C.F.R. § <br />800.16(x); and <br />6. The facility does not result in human exposure to radiofrequency radiation in <br />excess of the applicable safety standards specified in 47 C.F.R. §1.1307(b). <br />“Standard City Pole” means a standard steel tapered City street light pole installed in the <br />city right-of-way. Standard City Poles conform to then-applicable City standards, as may be <br />amended from time to time. Said standards include San Leandro Standard Drawings 500A, <br />500B, 500C, and 500D. <br />“Subsidiary” means an entity controlled by Licensee. <br />“Term” is defined in Subsection 3.1.1. <br />2 SCOPE OF LICENSE <br />2.1 License Areas. <br />2.1.1 Issuance of Pole Licenses. Subject to the terms, covenants, and <br />conditions set forth in this Master License, the City will issue to Licensee one or more <br />Pole Licenses, each of which will be effective as of the first day of the month after the <br />date on which both parties have executed it. Each Pole License will grant Licensee a <br />contractual license to use the Pole License Area specified in the Pole License. <br />2.1.2 Issuance of Associated Facility Licenses. Subject to the terms, covenants, <br />and conditions set forth in this Master License and individual Pole License, the City will <br />issue to Licensee an Associated Facility License per Pole License for an individual pole. <br />Each Pole License will grant Licensee a contractual license to use the Associated Facility <br />License Area specified in the Associated Facility License. No Associated Facility License <br />shall be issued for a pole not subject to a valid Pole License. <br />2.1.3 No Competing Licenses. The City will not license to any third party any <br />City Pole that is licensed to Licensee under a Pole License. <br />2.1.4 Limitation on Scope. This Master License applies only to City Poles and <br />Associated Facilities identified in final, fully executed Pole and Associated Facilities <br />Licenses. This Master License does not authorize the Permitted Use on any other City <br />Property except the License Areas specified in the Pole and Associated Facilities <br />Licenses. <br />2.1.5 Limitation on Nonstandard City Poles. Licensee acknowledges that: (i) any <br />Pole License application that requests installation of Equipment on a Nonstandard City <br />Pole imposes a greater administrative burden on the City in the Pole License application <br />review and approval process; and (ii) for any other Nonstandard City Pole that is historic <br />or decorative, the City has the right the absolute right in its sole discretion to deny for any <br />reason an application for a Pole License solely on aesthetic grounds to the extent <br />permitted by Laws. <br />2.1.6 Exclusions. Licensee acknowledges that the City will not license any of the <br />following to Licensee for any purpose: (i) Nonstandard City Poles that are concrete; (ii) <br />electrical wires servicing City Poles; and (iii) a City Pole or Associated Facility that the <br />City has already licensed to a third party. Notwithstanding the preceding sentence, City
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