HomeMy WebLinkAboutReso 24-18 Approving the Master License Agreement for Small Cell Pole Attachment Installation with New Cingular Wireless Company PCS, LLC and ExteNet Systems (California) LLC RESOLUTION NO 24— 18-
A RESOLUTION OF THE CITY COUNCIL •
OF THE CITY OF DUBLIN
APPROVING MASTER LICENSE AGREEMENTS FOR SMALL CELL POLE ATTACHMENT
INSTALLATION WITH:NEW CINGULAR WIRELESS COMPANY PCS, LLC AND
EXTENET SYSTEMS (CALIFORNIA) LLC •
WHEREAS, over the past year, the City has been contacted by a number of wireless
communications service providers interested in deploying new small cell facilities within the City right-
of-way, which would provide enhanced wireless services throughout the community; and
WHEREAS, various types of antennas are required to deliver wireless coverage and capacity;
and
WHEREAS, wireless providers are proposing to place a single "small cell" antenna and
equipment.on existing overhead infrastructure located within the public rights-of-way; and
WHEREAS, the proposed Master.-License Agreement (MLA) would not directly grant any rights
to Use an: individual City pole, but rather the MLA establishes the procedures, terms and conditions
under which licensees obtain individual pole licenses; and
WHEREAS, : the MLA is a comprehensive document that contains uniform terms and
conditions applicable to all wireless facilities installed on City-owned poles; and
WHEREAS, the City negotiated the terms of the template MLA with five wireless providers;
anl.
WHEREAS, wireless providers desiring access to. City-owned poles have the opportunity to
enter into the MLA with the City that would entitle them to obtain 1-year, pole licenses on a first-come,
first-served basis for a ten-year period; and
WHEREAS, this framework creates a single set of rules for all providers that reduces the
administrative burden on the City and promotes a level playing field among competitor licensees; and
WHEREAS, among the key terms and conditions of the MLA are:.
• 'MLA Term —The term•of the MLA is ten (10) years: During this period, licensees'Can
- seek individual licenses under the terms offered in the MLA. This period of time has
been requested by interested parties who desire a'Sufficiently long period of time in
: which to amortize their capital investments.
• Pole License Term-The term for each Pole License shall be ten years from the first
day:of the month after the date the parties have fully.executed it
: • License Fee =Annual License.-Fee per City-owned pole is $1,000. The License Fee
will escalate by.2% on January 1-of each year of the,term; and
WHEREAS, in addition to a Pole License Fee, wireless providers will be`responsible for paying
a Master License Application Processing fee and a Pole License Administrative fee, which initially will
be calculated based upon the hourly staff rate and
Reso No.'24-18,.Adopted 3/20/2018, Item No. 4.2 Page 1 of 2
WHEREAS, the goal of the MLA is to align the City's available infrastructure assets with
wireless provider's demand for access, develop uniform and predictable processes for evaluating
individual pole license applications, maintain the City's municipal functions related to public health
and safety, establish maintenance requirements and standards for the licensee, and preserve the
community's aesthetic characteristics.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the .Master License Agreements for Small Cell Pole Attachment Installation with ' New
Cingular Wireless Company.PCS, LLC and ExteNet Systems (California)LLC.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreements,
attached hereto as Exhibit A and Exhibit B to this Resolution, in substantially the form attached.
PASSED, APPROVED AND ADOPTED this 20th day of March, 2018, by the following vote:
AYES: Councilmembers Gupta, Hernandez, and Mayor Haubert
NOES:
ABSENT:.
ABSTAIN: Councilmember Goel
ma g,
ATTEST::
6;vie Z . re4—
City Clerk
Reso No 24-18, Adopted 3/20/2018, Item No. 4.2 Page 2 of 2