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Anaheim, CA 92802
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CITY COUNCIL AGENDA REPORT
City of Anaheim
CONVENTION, SPORTS & ENTERTAINMENT
DEPARTMENT
DATE: MARCH 19, 2024
FROM: CONVENTION, SPORTS & ENTERTAINMENT DEPARTMENT
SUBJECT: SITE LICENSE AGREEMENT FOR TELECOMMUNICATIONS
FACILITIES MOUNTED ON CITY FACILITIES BETWEEN
T-MOBILE WEST, LLC AND THE CITY OF ANAHEIM
ATTACHMENT (Y/N): YES ITEM # 11
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Motion:
1. Approve the Site License Agreement for Telecommunications Facilities Mounted on City Facilities (Agreement) between T-Mobile West, LLC, a Delaware limited liability company (T-Mobile) and the city of Anaheim (City), which authorizes T-Mobile to continue to maintain and operate the existing interior 126 Distributed Antenna System (DAS) and 15 exterior rooftop Antennas at the Anaheim Convention Center (Convention Center) to provide cellular service coverage; pay to the City a monthly fee, in the amount $19,033.29 (with an annual increase and potential increases for additional approved antennas or space), with an initial term of ten (10) years with up to two (2) automatic successive five-year renewals; and
2. Authorize the Executive Director of the Convention, Sports & Entertainment Department to execute any other related documents and take any and all actions as are necessary to implement and administer the Agreement.
DISCUSSION:
The City currently has one Agreement with T-Mobile dated December 2001 and two Agreements with Sprint PCS Assets, LLC (Sprint) dated November 2000 and February 2018 for the installation, operation, and maintenance of telecommunications equipment at the Convention Center.
In April 2020, T-Mobile and Sprint merged with T-Mobile emerging as the surviving brand and entity.
The City and T-Mobile now desire to terminate the T-Mobile December 2001 Agreement along with the Sprint November 2000 and February 2018 Agreements Site License Agreement for Telecommunications Facilities Mounted on City Facilities Between T-Mobile West and the City of Anaheim
March 19, 2024
(collectively, “Previous Licenses”) and enter into a new Agreement which combines the Previous Licenses in one collective Agreement. As such, some of the current equipment will be abandoned or removed along with the consolidation of equipment due to the merger; therefore, the revenues of the collective Agreement will be $2,400 less per month than the previous individual Licenses.
The new Agreement authorizes T-Mobile to continue to maintain and operate the existing interior 126 Distributed Antenna System (DAS) and 15 exterior rooftop Antennas at the Convention Center to provide cellular service coverage both within and outside of the Convention Center to those that utilize T-Mobile’s services.
The new base monthly fee of $19,033.29 will increase on July 1 of each year by the greater of (i) 3% of the previous year’s fee amount or (ii) by an amount equal to the increase in the Consumer Price Index.
In addition, the new Agreement includes an additional antenna fee of $109.16 a month for each additional approved DAS antenna, $327.45 for each additional approved exterior roof top antenna and $0.60 per square foot for any additional approved space for accessory structures. These fees will also increase annually on July 1, in the same manner as the base monthly fee.
The initial term of the Agreement will be for ten (10) years commencing on the effective date of the Agreement with up to two (2) automatic successive five-year renewal terms on the same terms and conditions as set forth in the Agreement unless either party notifies the other of their intent not to extend the Agreement at least one hundred and eighty (180) days prior to the expiration of the current term.
IMPACT ON BUDGET:
Revenues in the amount of $19,033.29 per month will be used to support Convention, Sports & Entertainment Operations.
Respectfully submitted,
Thomas Morton
Executive Director
Convention, Sports & Entertainment Department
Attachment:
1. T-Mobile West, LLC, a Delaware limited liability company Agreement