Agmt 2019 MLA for Small Cell Pole Attachment

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MASTER LICENSE AGREEMENT FOR SMALL CELL POLE ATTACHMENT INSTALLATION This MASTER LICENSE AGREEMENT FOR SMALL CELL POLE ATTACHMENT INSTALLATION ("Master License"), effective as of 2-12 , 20Lq, is made by and between the CITY OF SAN LEANDRO, a California charter city (the "City") and ExteNet Systems (California) LLC, a California Limited Liability Company ("Licensee"). BACKGROUND A. The City owns and operates approximately 4,730 street light poles and other traffic control and safety poles (each, a "City Pole") in San Leandro, California, many of which are suitable sites for installing equipment to enhance wireless telecommunications services in San Leandro. The City purchases electricity to power each street light from Pacific Gas & Electric Company (PG&E). Certain street lights are powered from PG&E's unmetered electrical grid, while others are attached in series to various electrical meters. The City can provide Licensee information on how individual streets lights are powered upon request. B. Licensee has requested to use City Poles to install, maintain, access, and operate communications facilities as specified in this Master License. C. This Master License Agreement is intended to manage the license of existing City Poles for installation of outdoor distributed antenna systems, including small cells or microcells to be installed and operated by wireless telecommunications carriers using licensed and unlicensed spectrum and third -party hosts certificated by the California Public Utilities Commission. The City reserves the right to evaluate usage of unlicensed spectrum (e.g. 5 Ghz) and to assess coexistence with its Public Wi-Fi equipment. Licensee agrees to work with City to ensure such coexistence is achieved. The Master License has been approved by the following City actions, all of which are now final and binding: 1. The City Council concluded that City approval of the Master License and Pole License would not commit the City to authorize use of specific City Poles. Therefore, the City actions described in Paragraph C.2 did not fall with the definition of a "project" under the California Environmental Quality Act (CEQA) Guidelines section 15378. 2 The City Council adopted Resolution No. 2018-156 authorizing its City Manager or his or her designee to enter into this Master License with and to issue Pole Licenses to wireless telecommunications carriers in a manner consistent with all required approvals on December 3, 2017. D. Licensee has the authority under applicable Laws to install and maintain communications facilities in the public right-of-way to provide wireless telecommunications services. NOW THEREFORE, IN RECOGNITION OF MUTUAL CONSIDERATION, THE ABOVE PARTIES AGREE TO THE FOLLOWING: