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
Body
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 is not precluded from negotiating agreements 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 annual license fees, in addition to performance guarantees and penalties for violations.
NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as follows:
1. That the MLA with ExteNet Systems (California) LLC is approved by the City Council; and
2. That the...
Click here for full text