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File Number: 18-668 <br />WHEREAS, under California Public Utilities Code Section 7901, wireless providers have <br />the authority to install and maintain telephone lines in the public right-of-way to provide wireless <br />telecommunications services; and <br />WHEREAS, the City has the authority under California Public Utilities Code Section 7901.1 <br />to exercise reasonable control as to the time, place, and manner in which roads, highways, and <br />waterways are accessed; and <br />WHEREAS, the City previously approved and executed a Master License Agreement with <br />ExteNet Systems LLC for small cell pole attachments on City Poles in exchange for compliance <br />with design, installation, access, removal, and other conditions relating to the use of City Poles <br />and for certain license fees and administrative payments; and <br />WHEREAS, other Bay Area cities have also entered into, or are in the process of <br />negotiating, similar master license agreements with wireless carriers, including South San <br />Francisco, San Jose, San Francisco, and Palo Alto; such master license agreements typically <br />include similar design, installation, access, removal, and other conditions, and they impose <br />license fees in the range of $1000-$2000; and <br />WHEREAS, the proposed Master License Agreement (“MLA”) incorporates similar design, <br />installation, access, removal, fees, and other conditions set forth in the City’s MLA with ExteNet, <br />and further requires carriers to obtain separate licenses for the use of City Poles and access to <br />City Associated Facilities to deploy small cell facilities; and <br />WHEREAS, the proposed MLA would not directly grant any rights to use an individual City <br />Pole and Associated Facilities, but rather the MLA establishes the procedures, terms, and <br />conditions under which licensees obtain individual Pole and Associated Facilities licenses; and <br />WHEREAS, the MLA is a comprehensive document that contains uniform terms and <br />conditions applicable to all wireless facilities installed on City Poles and access to utilize City <br />Associated Facilities; and <br />WHEREAS, wireless providers desiring access to City-owned poles and Associated <br />Facilities must enter into the MLA with the City to obtain a Master License for an initial period of <br />five (5) years and with subsequent renewals; the Master License would in turn entitle wireless <br />providers to obtain Pole and Associated Facilities licenses on a first-come, first-served basis for <br />the duration of the Master License term with the option for subsequent automatic renewals or <br />voluntary termination; and <br />WHEREAS, this framework creates a single set of rules for all providers that reduces the <br />administrative burden on the City and promotes a level playing field among competitor licensees; <br />and <br />Page 2 City of San Leandro Printed on 12/21/2018