Title
RESOLUTION of the City of San Leandro City Council to Approve a Master License Agreement for Small Cell Pole Attachment Installations with ExteNet Systems (California) LLC and to Approve Administrative and License Fees Pursuant to the Master License Agreement
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WHEREAS, the City of San Leandro owns street light poles, traffic signal poles, safety poles, and other poles (each, a "City Pole") within the public right-of-way; and
WHEREAS, ExteNet Systems (California) LLC, a wireless infrastructure provider requested permission to deploy new small cell facilities on City Poles that will enhance private wireless service throughout the community; and
WHEREAS, under existing federal and state law, the City retains certain authority to regulate private wireless telecommunications facilities in the public right-of-way; and
WHEREAS, approving a Master License Agreement for Small Cell Pole Attachment Installations ("MLA") would allow the City to exert its authority over these facilities, including the authority to regulate the aesthetic qualities of the facilities and the appropriateness of the equipment within each neighborhood; and
WHEREAS, the proposed MLA with ExteNet Systems (California) LLC will create uniform terms and conditions applicable to wireless facilities installed on City-owned poles; and
WHEREAS, the proposed MLA would not directly grant any rights to use City Poles, but rather establishes the procedures, terms and conditions under which licensee can obtain Pole Licenses according to the City's Encroachment Permit process; and
WHEREAS, the City negotiated the terms of the proposed MLA with ExteNet Systems (California) LLC; and
WHEREAS, the proposed MLA contains administrative and license fees, in addition to performance guarantees and penalties for violations, which are comparable to fees in similar jurisdictions.
NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE ...
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