REPORT TO THE CITY COUNCIL
September 24, 2020
FROM: BRYON HORN, Chief Information Officer
Information Services Department
SUBJECT
Title
Approve the Amended and Restated Wireless Agreement between the City of Fresno and XG Communities, LLC. for small cell implementations on City-owned assets.
Body
RECOMMENDATION
Staff recommends that City Council approve, and allow the City Manager or designee to enter into the attached Amended and Restated Wireless Marketing Agreement between the City of Fresno (City) and XG Communities, LLC. (XG) for small cell implementations on City-owned assets. This will allow the City to continue to work with XG on a non-exclusive basis for the implementation of small cell telecommunication equipment on City assets.
EXECUTIVE SUMMARY
Staff recommends approval of the Amended and Restated Wireless Marketing Agreement and authorize the City Manager or designee to enter into such agreement. The agreement will allow the City to continue to work with XG as well as third party (carriers) allowing small cell telecommunications equipment to be placed on City assets, subject to the following general terms:
* Removes the exclusivity from the original XG Marketing Agreement.
* Assigns an annual fee of $270 per attachment, pursuant to FCC (18-33) and allows the City to directly collect the fees.
* Preserves provisions for prior licensing agreements with carriers.
* Requires carriers to pay all costs of attaching equipment.
Staff has worked with XG in crafting the revisions to the agreement.
BACKGROUND
On June 20, 2017, City and XG entered into a Wireless Marketing Agreement and License Agreement for small cell implementations on City-owned assets. The agreement was executed in good faith as both the City and XG would benefit from the marketing and rental of the City's assets.
On September 27, 2018, the FCC issued FCC Order 18-33 placing strict limits on state and local government's ability to manage and control government a...
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