REPORT TO THE CITY COUNCIL
April 9, 2020
FROM: BRYON HORN, Chief Information Officer
Information Services Department
SUBJECT
Title
Approve a Master License Agreement for placement of telecommunication equipment on City assets as defined by Federal Communications Commission (FCC) Order 18-33.
Body
RECOMMENDATION
Staff recommends that City Council approve, and allow the City Manager or designee to enter into, the attached Master License Agreement (MLA) with telecommunications carriers. The MLA allows third party carriers to install telecommunication equipment on City assets.
EXECUTIVE SUMMARY
Staff recommends approval of an MLA, and authority for the City Manager or designee to enter into such agreements. The MLA will allow third party (carrier) telecommunications equipment to be placed on City assets, subject to the following general terms:
* Initial term of 10 years, which is an industry standard.
* Assigns an annual fee of $270 per attachment, pursuant to FCC (18-33).
* Provides a fallback annual fee of $1,250 per pole in the event that the FCC order is vacated or invalidated.
* Allows for an annual conductor or conduit lease fee of $400 per location for accessing the City's existing spare capacity.
* Requires carriers to pay all costs of attaching equipment.
* Offers protections for all parties to ensure that the City has the means to protect public assets.
Since March 19, 2020, the MLA has been updated to insert needed provisions for structural analysis, inspections and mitigation of City risk from use of poles for small cell deployment. The added sections of 4.A.i. and 4.A.ii. cover these provisions.
Staff has worked with carriers in crafting the terms of the MLA.
BACKGROUND
On March19, 2019, the MLA was on the consent calendar to be considered for Council approval, however, it was removed by staff in order to make necessary adjustments for the City's protection. On March 18, 2019, staff received a communication from the manufacture...
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