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HomeMy WebLinkAboutReso 69-19 Approving the Master License Agreement for Small Cell Pole Attachment Installation with GTE Mobilnet of California, LP (doing business as Verizon Wireless) RESOLUTION NO. 69 — 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A MASTER LICENSE AGREEMENT FOR SMALL CELL POLE ATTACHMENT INSTALLATION WITH GTE MOBILNET OF CALIFORNIA, LP (DOING BUSINESS AS VERIZON WIRELESS) AND OFFERING SAME TERMS TO OTHER MASTER LICENSEES WHEREAS, over the past several years, 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 City has developed a Master License Agreement (MLA) in consultation with five wireless providers, that will establish the procedures, terms and conditions under which licensees obtain individual pole licenses on City-owned poles; and WHEREAS, GTE Mobilnet of California, LP (doing business as Verizon Wireless) has requested a Master License Agreement with the City of Dublin; and WHEREAS, three other wireless carriers, New Cingular Wireless Company PCS, LLC (doing business as AT&T Wireless), ExteNet Systems (California) LLC, and Mobilitie, LLC ("the Master Licensees"), entered into MLAs with the City in 2018; and WHEREAS, GTE Mobilnet of California LP (doing business as Verizon Wireless) has asserted that a Federal Communications Commission ruling prevents the City from requiring certain terms that are in the template, and the City and Verizon have reached a compromise that is reflected in the proposed Master License Agreement, and which the City would offer to the other Master Licensees; and 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, 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 a Master License Agreement for Small Cell Pole Attachment Installation with GTE Mobilnet of California, LP (doing business as Verizon Wireless). Reso 69-19, Adopted 6/18/2019, Item 4.17 Page 1 of 2 BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto as Exhibit A to this Resolution, in substantially the form attached. BE IT FURTHER RESOLVED that the City Manager shall offer the terms offered to GTE Mobilnet of California, LP (doing business as Verizon Wireless) in Exhibit A to this Resolution to the Master Licensees and is authorized to enter into amendments to the Master Licensees' Master License Agreement to effectuate the offer. PASSED, APPROVED AND ADOPTED this 18th day of June, 2019, by the following vote: AYES: Councilmembers Hernandez, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: Councilmembers Goel and Josey kOA [ ATTEST: 64424- City Clerk Reso 69-19, Adopted 6/18/2019, Item 4.17 Page 2 of 2