AGENDA REPORT
Meeting Date: January 13, 2026
Item Number:
To: Honorable Mayor & City Council
From: Logan Phillippo, Real Property Development Manager Jessica Garcia, Management Analyst
Subject: APPROVAL OF A FIRST AMENDMENT OF A MASTER LICENSE
AGREEMENT FOR INSTALLATION AND USE OF
TELECOMMUNICATIONS ANTENNAS AND SUPPORTING
EQUIPMENT ON LIGHT STANDARDS AND POLES BY AND
BETWEEN THE CITY OF BEVERLY HILLS AND NEW CINGULAR
WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY Attachments: 1. First Amendment of Master License Agreement
RECOMMENDATION
Staff recommends City Council approve a First Amendment to the Master License Agreement by and between the City of Beverly Hills and New Cingular Wireless PCS, LLC (“First Amendment”). The First Amendment extends the term of the agreement to July 10, 2031, and provides two five-year extension periods thereafter.
INTRODUCTION
New Cingular Wireless PCS, LLC (“AT&T”) has requested to extend the term of their Master License Agreement for Installation and Use of Telecommunications Antennas and Supporting Equipment of Light Standards and Poles (“MLA”) at multiple sites throughout Beverly Hills. The current MLA expired in July 2021. Although the agreement can be extended for up to two five-year periods, AT&T did not request the extension in a process as required by the MLA. Staff subsequently reached out to AT&T to hold a meet and confer meeting as required by the MLA to discussed terms of the extension with AT&T. During this time, AT&T has continued to pay the annual license fee, which has continued to increase each year based on the Consumer Price Index (“CPI”).
DISCUSSION
In 2013, City Council approved an MLA with AT&T for the installation and usage of telecommunication antennas and supporting equipment at 76 sites located on city- Meeting Date: January 13, 2026
owned light standards/poles throughout the City of Beverly Hills, also known as Distributed Antenna System (“DAS”) locations.
DAS Background
In 2010, AT&T proposed installing 21 DAS sites and nine macro sites to provide sufficient coverage for their network in Beverly Hills. A macro site is taller, larger, more visually conspicuous, often taking the form of a faux tree or large support rack situated on top a building. A macro site achieves the coverage of several DAS sites.
At that time, the City had already approved five macro sites on City-owned property: 239 South Beverly Drive, Fire Station 3 (Doheny Drive), Fire Station 2 (Coldwater Canyon Drive), Cabrillo Reservoir, and a mobile location at Lower Greystone.
The nine additional macro sites initially proposed by AT&T were deemed to be too visually intrusive, and the City worked with AT&T to develop a revised project scope. To achieve the desired coverage with less visually intrusive antennas, AT&T recommended 76 DAS nodes to pair with the five macro sites. Staff engaged engineering consultant, Psomas, to refine antenna locations and define a project scope that identified the most optimal, least intrusive, and most aesthetically acceptable DAS nodes. Additionally, AT&T’s project scope involved removing the City’s existing light poles at each node and installing customized poles capable of supporting their antennas and associated equipment, each referred to as a “Replacement Light Standard” in the MLA.
Extensive public outreach was conducted as part of the approval process for the proposed DAS nodes. Staff and AT&T presented to members of the Technology and Disaster Communication Systems Committee and the Health and Safety Commission on various occasions. A presentation was made to the Beverly Hills Unified School District Board, and workshops were held to address concerns raised at the School District meeting. In April of 2013, City Council ultimately approved the 76 DAS nodes in the MLA. While the MLA authorizes additional sites, AT&T has not proposed additional sites under the MLA since its commencement in 2013.
MLA Amendment Key Terms
The proposed amendment provides the following terms:
Expiration Date: The term shall be extended to July 10, 2031. Extensions: Two automatic five-year extensions extending the MLA through as late as July 10, 2041. AT&T must notify the City of its intention not to renew at least 60 days prior to the expiration, otherwise the agreement will be automatically extended.
City Rights to Collocate: The City may install and collocate CCTV cameras and license plate readers on DAS Replacement Light Standards installed by AT&T, provided the City’s equipment does not interfere with AT&T’s equipment. Annual License Fee: Fees will continue to increase annually in an amount equal to the greater of 3% or the annual percentage increase in the CPI. Process for Addressing Damaged/Downed Light Standards/Poles: Within 120 days of effective date, AT&T must supply an inventory of at three to five replacement light standards and deliver them to a City-controlled location as a matter of convenience for both parties. The inventory will allow for the faster Meeting Date: January 13, 2026
replacement of downed poles, avoiding AT&T’s lead time for fabrication. AT&T will continue to be responsible for installing Replacement Light Standards for their sites.
FISCAL IMPACT
AT&T has made the current year’s annual license fee payment covering July 9, 2025 through July 10, 2026 in the amount of $279,481.44 for 76 DAS nodes. If City Council authorizes the amendment under the terms discussed in this report, through July 10, 2031, the City will collect license fees in the amount of $1,528,319.07, assuming 3% increases each year. If extended by AT&T up to ten additional years, the City would collect an additional $3,940,443.91 through July 9, 2041.
Ryan Gohlich,
Assistant City Manager
Approved By
B0785-0001\3159609v1.doc
FIRST AMENDMENT OF MASTER LICENSE AGREEMENT
FOR INSTALLATION AND USE OF TELECOMMUNICATIONS ANTENNAS AND
SUPPORTING EQUIPMENT ON LIGHT STANDARDS AND POLES
THIS FIRST AMENDMENT OF MASTER LICENSE AGREEMENT FOR
INSTALLATION AND USE OF TELECOMMUNICATIONS ANTENNAS AND SUPPORTING EQUIPMENT ON LIGHT STANDARDS AND POLES (this “First Amendment”) is dated as of the last of the signature dates below (“First Amendment Effective Date”), and is entered into by and between the CITY OF BEVERLY HILLS, a California municipal corporation (“City”), and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (“Licensee”).
R E C I T A L S
A. City and Licensee entered into that certain Master License Agreement for Installation and Use of Telecommunications Antennas and Supporting Equipment on Light Standards and Poles dated as of April 11, 2013 (the “License”), pursuant to which City agreed to license to Licensee, and Licensee agreed to license and accept from City pursuant to individual permits, portions of Light Standards located in the City of Beverly Hills, County of Los Angeles, State of California.
B. Capitalized terms used but not defined herein shall have the meaning ascribed thereto in the License.
C. The License expired on or about July 10, 2021 and Licensee has since been occupying certain City owned Light Standards pursuant to the License on a holdover basis.
D. City and Licensee now desire to amend the License to (i) extend the term thereof, (ii) to clarify/amend certain provisions of the License relating to City collocation rights, (iii) provide for Licensee’s agreement to maintain an inventory of Replacement Light Standards for the replacement of damaged or “downed” Replacement Light Standards licensed to Licensee, and (iv) modify the notices provision thereof.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Licensee agree as follows:
Docusign Envelope ID: 9046FF7E-3529-4234-9117-BC74722082F2 B0785-0001\3159609v1.doc
A G R E E M E N T
1. Extension of Term; Extension Options.
(a) The term of the License is hereby extended to July 10, 2031 and all of the terms of the License shall apply to the extension of the term (the “Initial Extension Term”), including, without limitation terms as to license fees and adjustments thereto and all other sums payable under the License.
(b) Upon the expiration of the Initial Extended Term, the License will automatically renew for two (2) additional five (5) year term(s) (each, an “Extension Term”), upon the same terms and conditions set forth in the License, as amended hereby, unless Licensee notifies City in writing of Licensee’s intention not to renew the License for an Extension Term at least sixty (60) days prior to the expiration of the Initial Extension Term or the then-existing Extension Term, as the case may be. The Initial Extension Term and any Extension Terms exercised are collectively referred to as the “Term”.
2. City Rights to Collocate. Subject to the last paragraph of Section 1 of the License, the City may install and collocate CCTV cameras and license plate readers on Light Standards, and in doing so, shall comply with any applicable provisions of the License.
3. Process for Addressed Damaged/Downed Light Standards/Poles. For improved response timeframes to damaged or “downed” Replacement Light Standards licensed to Licensee pursuant to the License, within one hundred twenty (120) days after the First Amendment Effective Date Licensee shall maintain an inventory of three (3) to five (5) Replacement Light Standards, at a City owned or controlled location within reasonable proximity to the City of Beverly Hills at all times during the Term, so that damaged or “downed” Replacement Light Standards licensed to Licensee under the License can be replaced by City as soon as possible and there is no lead time for fabrication.
If damaged or downed Replacement Light Standards that are licensed to Licensee pursuant to the License (as amended by this First Amendment) are not replaced by Licensee within thirty (30) days after delivery of written notice from City, or if the downed/damaged Replacement Light Standard(s) create a public hazard or emergency in the good faith view of the City, then City has the right to replace the downed/damaged Replacement Light Standard(s) (but not Licensees’ antennae and related equipment).
Licensee shall provide a description of the number and type of Replacement Light Standards in inventory to City in writing within one hundred twenty (120) days after the First Amendment Effective Date, and thereafter, within thirty (30) days after delivery of written request from City from time to time during the Term and any holdover period.
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4. Notices. All notices, requests, demands, and other communications required or permitted under the License shall be given as follows:
(a) For Notices of Default to Licensee:
(i) To Licensee’s Lease Administration Department by email at [email protected]; and
(ii) To Licensee’s Law Department via First Class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, addressed as follows:
New Cingular Wireless PCS, LLC
Attn: Legal Department – Network Operations
Re: City of Beverly Hills DAS (CA)
208 S. Akard Street
Dallas, TX 75202-4206
(b) For Notices of Default to City:
(i) To City at [email protected]; and (ii) To City’s Law Department via First Class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, addressed as follows:
City of Beverly Hills
Attn: Real Estate Management
455 N Rexford Drive
Beverly Hills, California 90210
With a copy to:
City of Beverly Hills
Attn: City Attorney
455 N Rexford Drive
Beverly Hills, California 90210
(c) All other notices will be sent:
(i) To Licensee, to Licensee’s Lease Administration Department by email at [email protected] with the following email subject line: “Re: City of Beverly Hills DAS (CA)”; and
(ii) To City to [email protected].
Docusign Envelope ID: 9046FF7E-3529-4234-9117-BC74722082F2 B0785-0001\3159609v1.doc
(d) Notices by email will be effective on the first calendar day after it was sent unless the sender receives an automated message that the email has not been delivered. Electronic mail shall be sent with a read receipt, but a read receipt shall not be required to establish that notice was given and received. All other Notices shall be effective: (i) if delivered by reputable overnight messenger for next business day delivery, then one business day after delivery to the messenger service; (ii) if delivered by certified mail, then on the date shown on the return receipt as the date of delivery or inability to deliver or refusal of acceptance. (e) Either party hereto may change the place for the giving of notice to it by thirty (30) days' prior written notice to the other party hereto as provided herein.”
5. Counterparts. This First Amendment may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument.
6. DocuSign. The parties may use DocuSign to execute and deliver this First Amendment.
7. Other Terms and Conditions Remain. In the event of any inconsistencies between the License and this First Amendment, the terms of this First Amendment shall control. Except as expressly set forth in this First Amendment, the License otherwise is unmodified and remains in full force and effect. Each reference in the License to itself shall be deemed also to refer to this First Amendment.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Docusign Envelope ID: 9046FF7E-3529-4234-9117-BC74722082F2 B0785-0001\3159609v1.doc
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment as of the First Amendment Effective Date.
CITY: LICENSEE:
CITY OF BEVERLY HILLS, NEW CINGULAR WIRELESS PCS, LLC,
a California municipal corporation a Delaware limited liability company By: By: AT&T Mobility Corporation
Sharona R. Nazarian, PsyD, Mayor Its: Manager
Date: ___________________, 2026 By:
Name:
ATTEST: Title:
Date: _____________________, 2026
Huma Ahmed, City Clerk
APPROVED AS TO CONTENT:
Nancy Hunt-Coffey, City Manager
APPROVED AS TO FORM:
Laurence S. Wiener, City Attorney
Docusign Envelope ID: 9046FF7E-3529-4234-9117-BC74722082F2 Misty Snowden
ASSOC DIRECTOR-NETWORK DESIGN ENG
January 8, 2026 | 12:13 PST
Certificate Of Completion
Envelope Id: 9046FF7E-3529-4234-9117-BC74722082F2 Status: Sent Subject: Complete with Docusign: ODAS First Amend - MLA (ATT) Source Envelope:
Document Pages: 5 Signatures: 2 Envelope Originator:
Certificate Pages: 2 Initials: 0 Jessica Garcia
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455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.166
Record Tracking
Status: Original
1/7/2026 3:37:01 PM
Holder: Jessica Garcia
[email protected]
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Misty Snowden
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ASSOC DIRECTOR-NETWORK DESIGN ENG
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Logan Phillippo
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Nancy Hunt-Coffey
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Sharona R. Nazarian
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Huma Ahmed
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