assessments help City staff evaluate carrier proposals, coordinate multiple projects and schedules, monitor compliance with applicable requirements and agreements, and make informed decisions regarding the use of City-owned property. Consultant support supplements the work of City staff and provides specialized capacity that may not be practical to maintain in-house for every project.
These services support the City’s ability to review and coordinate wireless infrastructure improvements that can strengthen cellular coverage and network capacity. Reliable wireless connectivity helps residents contact emergency services, access education and telehealth resources, work remotely, navigate the community, and stay connected with family and essential services. It also supports local businesses and visitors who rely on mobile communications and digital transactions. Although servi ce improvements ultimately depend on carrier investment and network performance, a timely and thorough City review can help facilitate responsible infrastructure deployment while considering public safety, neighborhood conditions, and the long -term interests of the community.
DISCUSSION
On July 14, 2026, a Request for Proposal (RFP) No. 27 -001-3100 for wireless communications facilities consulting services was publicly advertised on the PlanetBids electronic platform. The solicitation was also posted on the City’s website and published in the Antelope Valley Press. A total of 41 vendors registered as prospective bidders, and five submitted bids by the posted August 13, 2026, deadline.
Rank Vendor Location Proposal Amount
1 Telecom Partners Group Corp Chino Hills, CA $240,000
2 Spectrum Cellular Management Seal Beach, CA $245,572
3 MET3 Wireless LLC Sacramento, CA $2,536,392
4 EN Engineering, LLC Lisle, IL $552,068
5 Iron Grid Elite Solutions Temecula, CA $884,100
*Proposed amounts shown are for three years of services.
These services are requested on an ongoing basis; the cost component of each proposal was evaluated using hourly labor rates rather than a fixed project total.
Proposals were evaluated on past performance, relevant experience, ability to perform, technical approach, and cost. ATS Communications received the highest overall evaluation score. The Request for Proposal (RFP) process is intended to identify the proposal that provide s the best overall value to the City. While cost is an important evaluation factor, it is not the sole consideration.
Report to Mayor and City Council
Re: Approve Agrmt No. A -9969 with Telecom Partners Group Corp dba ATS Communications
October 6, 2026
ATS Communications demonstrated strong technical proficiency, extensive experience providing municipal wireless communication facilities consulting services, and a proven record of reliable performance. ATS Communications has more than 25 years of experience in providing wireless and telecommunications consulting services for municipal agencies and local government entities in Southern California. In addition, ATS Communications is uniquely qualified to meet the needs of the City of Palmdale , as they have served in this role for the last 18 years and can provide continuity of services.
Under the proposed agreement , ATS Communications will support the City with evaluating new cell site facilities and supporting ongoing cell site modifications throughout the City of Palmdale. This work includes but is not limited to new site development, site design, site audits, rent audits, small cell processing, appraisal services, contract negotiations, contract compliance, site evaluations, staff report support, construction oversight, site modification review, lease evaluations, memorandums related to various mergers, acquisitions and changes in technology in the Wireless Industry, Radio Frequency (RF) studies and evaluations, peer to peer reviews, monetization evaluations, contract assignments, decommissioning of sites and contract renewals.
FISCAL IMPACT
$350,000; Sufficient fu nds are budgeted in Fiscal Year 2026 -27 for ongoing wireless communications facilities consulting services . This project is funded through the Smart Cities account.
The actual cost of services will depend on the number and complexity of wireless site applications and related assignments, which cannot be predicted in advance. ATS Communications will bill for work performed at the hourly rates specified in Section 9 of Agrmt No. A -9969, subject to the agreement’s applicable annual and overall, not -to- exceed limits. Total compensation will not exceed $350,000 over the term of the agreement, including any exercised extensions.
STRATEGIC PLAN
Goal II: Ensure long-term fiscal health of the City and maintain funding for services.
A. Pursue alternative financing opportunities for continued infrastructure improvements and quality community programs.
Goal III: Invest in infrastructure to improve community livability.
C. Plan and maintain safe and attractive neighborhoods, streets, facilities, and public spaces with exciting programming that promotes active fun for everyone.
Report to Mayor and City Council
Re: Approve Agrmt No. A -9969 with Telecom Partners Group Corp dba ATS Communications
October 6, 2026
Prepared by: Leonardo Torres, P.E.
Director of Public Works
Certified as to availability of Funds: Janelle Samson, Deputy City Manager Approved by: Salvador Mendez, City Manager
Approved as to form: Alexandra Severino, City Attorney
ATTACHMENTS
Agrmt No. A-9969 with ATS Communications
Proposal
Fee Schedule
AGREEMENT NO. A-9969
CONTRACT FOR CONSULTANT SERVICES
BETWEEN THE CITY OF PALMDALE AND ATS COMMUNICATIONS
THIS CONTRACT FOR CONSULTANT SERVICES (“Contract” herein) is made and entered into by and between the City of Palmdale a public body corporate and politic, (hereinafter called “CITY”) and ATS COMMUNICATIONS (hereinafter called “CONSULTANT”). This Contract shall become effective on the date of the last signatory.
RECITALS
WHEREAS, City desires to engage CONSULTANT to provide certain consultant services; and
WHEREAS, CONSULTANT represents that CONSULTANT has the expertise and is qualified to perform the services described in this Contract. And, if required, is duly registered under the laws of the State of California; and WHEREAS, CONSULTANT desires to accept such engagement.
NOW, THEREFORE, the parties agree as follows:
1 Description Of Work
1.1 The City hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to provide the following services:
The following are the Services to be performed:
The selected Consultant shall provide professional Wireless Communications Facilities (WCF) consulting services to support the City's management, review, development, leasing, and oversight of wireless communication facilities located on City-owned property, infrastructure, and within the City's jurisdiction. Services may include technical review, project management, lease and license evaluation, policy support, compliance monitoring, construction oversight, and related advisory services.
A. Technical Review and Application Evaluation
The Consultant shall provide independent technical review and analysis of all Wireless Communications Facilities (WCF) applications, including new installations, co-locations, modifications, and upgrades.
Services shall include:
Developing and maintaining standardized application and submittal Reviewing applications for completeness, technical feasibility, and compliance with applicable federal, state, and local regulations, including the City's Wireless Communications Facilities Ordinance.
• Evaluating ministerial and discretionary applications, including facility design, 1-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
concealment techniques, and aesthetic integration.
• Reviewing applicant-provided technical documentation, including:
Radio Frequency (RF) coverage and capacity analyses.
Intermodulation studies.
Structural engineering analyses.
Construction drawings and site plans.
• Independently verifying the adequacy and accuracy of submitted materials without preparing, certifying, or assuming responsibility for applicant-generated technical analyses.
B. Reporting and Recommendations
The Consultant shall prepare written review reports within thirty (30) calendar days of receiving a complete application, or within applicable Federal Communications Commission (FCC) Shot Clock timelines, whichever is more restrictive.
Reports shall include, at a minimum:
• Technical findings and recommendations.
• Lease valuation and co-location assessments.
• Review of construction and structural documentation.
• Evaluation of intermodulation and RF-related materials. • Identification of deficiencies or required revisions. • Executive summary memorandum for City staff.
C. Policy and Ordinance Support
At the City's request, the Consultant shall provide professional support related to wireless communications policies and regulations, including:
• Assisting with updates to the City's Wireless Communications Facilities Ordinance. • Supporting revisions to policies, procedures, and design standards. • Providing recommendations regarding maintenance, repairs, concealment methods, and aesthetic requirements.
• Advising the City on regulatory and industry developments affecting wireless communications facilities.
D. Project Management Services
The Consultant shall provide comprehensive project management services for wireless facility deployments, modifications, and leasing activities.
Site Identification and Marketing
Services may include:
• Identifying City-owned properties suitable for wireless facility development. • Developing site inventories, including latitude, longitude, and Above Mean Sea Level (AMSL) information.
• Preparing marketing materials and site information packages. • Coordinating with wireless carriers, tower companies, and site acquisition firms.
Site Feasibility and Design Coordination
The Consultant shall:
• Conduct site visits and feasibility assessments.
2-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
• Coordinate with carrier representatives, Radio Frequency Engineers, and Architecture and Engineering teams.
• Review preliminary and final facility designs and provide recommendations to the City.
• Ensure proposed facilities are compatible with existing City infrastructure and operations.
• Coordinate project activities with City staff throughout all phases of project development.
Agreements and Entitlements
The Consultant shall:
• Review and negotiate lease agreements, licenses, Letters of Authorization (LOA), Conditions of Approval (COA), Entry and Testing Agreements, and related documents.
• Verify that all required permits, entitlements, and approvals, including Conditional Use Permits (CUPs), have been obtained.
• Monitor zoning, permitting, and entitlement processes to ensure compliance with approved plans and City requirements.
E. Construction Oversight
The Consultant shall assist the City with oversight of wireless facility construction activities by:
• Reviewing construction drawings prior to permit issuance. • Verifying all required permits and approvals have been obtained. • Participating in pre-construction and post-construction site inspections. • Coordinating site walks with City staff and carrier representatives. • Monitoring compliance with approved plans, safety requirements, and site restoration obligations.
F. Financial and Administrative Oversight
The Consultant shall assist the City in protecting and maximizing the value of its wireless communications assets by:
• Evaluating escalation provisions, term lengths, and revenue-sharing opportunities. • Verifying payment of rent, fees, deposits, and other compensation due to the City. • Monitoring compliance with financial obligations established under lease agreements.
• Verifying required insurance certificates and bonds are maintained. • Assisting with the development and periodic update of application fees, lease rates, and related fee schedules.
G. Carrier Compliance & Performance Expectations
The Consultant shall monitor carrier compliance with City requirements, lease obligations, and industry standards.
Technical & Operational Compliance
The Consultant shall:
• Ensure wireless facilities do not interfere with existing City communications systems, public safety communications, or other critical infrastructure. 3-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
• Require prompt investigation and mitigation of interference issues, particularly those affecting public safety communications.
• Verify that Remote Radio Units (RRUs), antennas, power supplies, and associated equipment do not adversely impact existing lighting systems, create excessive light spillage, or interfere with the intended operation of City-owned lighting infrastructure. • Monitor wireless facilities to ensure ongoing compliance with approved plans, technical specifications, and operational requirements.
Coverage & Need Verification
The Consultant shall:
• Review and validate carrier-provided Radio Frequency (RF) coverage maps and documentation supporting the need for proposed facilities. • Evaluate existing wireless coverage and identify demonstrated service gaps. • Verify the location of the nearest four (4) existing wireless facilities in each direction from the proposed site.
• Assess opportunities for co-location and determine whether existing facilities have the capacity to accommodate additional carriers before recommending new facility construction.
Financial & Market Standards
The Consultant shall:
• Review proposed lease and license agreements to ensure compensation reflects fair market value.
• Evaluate escalation provisions, term lengths, renewal options, and revenue-sharing opportunities for consistency with industry standards and the City's interests. • Provide recommendations intended to maximize revenue generation and the City's return on investment (ROI).
Construction & Ongoing Operations
The Consultant shall:
• Monitor construction and operational activities to ensure compliance with approved plans, permits, and applicable regulations.
• Verify that no unauthorized modifications or installations occur. • Ensure compliance with site security, safety, maintenance, and restoration requirements.
• Monitor long-term compliance with lease agreements, license agreements, and Conditions of Approval.
H. Additional Services
As requested by the City, the Consultant may provide additional wireless communications consulting services, including:
• Development or revision of wireless facility application and lease fee schedules. • Lease valuation studies and market analyses.
• Specialized technical reviews.
• Compensation analyses associated with wireless facility agreements. • Other related advisory services within the Consultant's area of expertise.
I. Limitations of Services
4-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
The Consultant's role shall be limited to independent review, evaluation, advisory, and project management services. The Consultant shall not prepare, certify, stamp, or submit documents on behalf of wireless carriers or applicants, including but not limited to:
• Federal Communications Commission (FCC) licensing or frequency coordination filings.
• Federal Aviation Administration (FAA) filings.
• Structural engineering analyses or certifications.
• Professional engineering certifications.
• Applicant-prepared technical reports or supporting documentation.
CONSULTANT shall perform and complete all such work and services in a manner satisfactory to CITY.
1.2 Project deliverables shall be reviewed and approved by CITY to determine acceptable completion. CITY shall have the right to review and inspect the work during the course of its performance at such times as may be specified by CITY.
1.3 CONSULTANT shall not accept any change of scope, or change in contract provisions, unless issued in writing, as a contract change order or amendment and signed by CITY. Any extensions of time must be mutually agreed upon in writing and executed by both parties.
1.4 CITY shall provide to CONSULTANT, without charge, all data, program information, including reports, records, maps, and other information, now in CITY’s possession, which may facilitate the timely performance of the work. 2 City Project Manager
To provide the services required by this Contract, CONSULTANT shall act under the authority and approval of a Project Manager appointed by CITY. The City Project Manager will oversee the work under this Contract, assist CONSULTANT with any necessary information, audit billings, and approve payments. CONSULTANT shall channel reports, deliverables, and special requests through the City Project Manager. 3 Consultant's Key Personnel
CONSULTANT’s Team and Key Personnel are as follows:
Tony Ingegneri – Program Executive Director, Rick Paniagua – Program Technical Director, Adam Trainor – Project Manager, Megan Favreau – Financial Administrator, Jacob Christman – Logistics Manager, Jayne Clark – Contract Administrator This Consultant Services Contract has been awarded to CONSULTANT based on its representation that those personnel and subcontractors listed above will perform the portions of the work listed herein. CONSULTANT shall not deviate nor substitute any of these team members without prior written approval by CITY. 4 Contract Term
5-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
The term of this contract is Three (3) Years, commencing on the effective date, with CITY reserving the option to extend the agreement for 2 additional terms of one year each.
5 Taxes
5.1 CONSULTANT shall pay all sales, consumer, use, and other similar taxes required to be paid by CONSULTANT in accordance with state and local laws.
5.2 CONSULTANT is an independent contractor and shall have no power or authority to incur any debt, obligation, or liability on behalf of CITY. No person employed by CONSULTANT or acting on its behalf, in connection with this Contract shall be considered the Agent or employee of CITY.
5.3 CONSULTANT shall be required to obtain a current City of Palmdale business license, as required by the Palmdale Municipal Code, before an Authorization to Proceed is issued.
6 Patent Fees And Royalties
CONSULTANT shall pay all license fees and royalties and assume all costs incident to the use, in the performance of the work or the incorporation in the work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified by CITY for use in the performance of the work and if, to the actual knowledge of CITY, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by CITY in the contract documents. CONSULTANT shall indemnify and hold harmless CITY and anyone directly or indirectly employed by CITY from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work, or resulting from the incorporation in the work of any invention, design, process, product or device not specified by CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 7 Standards Of Performance
CONSULTANT shall be responsible for the completeness and accuracy of its services and work and documents resulting there from, and CITY shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct any such deficiencies or errors without additional compensation and without cost to CITY, except to the extent any such deficiency is directly attributable to deficiencies in CITY -furnished information.
8 Consultant's Personnel
8.1 All services required under this Contract shall be performed by CONSULTANT, or under CONSULTANT’S direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform such services.
6-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
8.2 CONSULTANT shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Contract, and compliance with all reasonable performance standards established by CITY.
8.3 CONSULTANT shall be responsible for payment of all CONSULTANT’s employees’ and subcontractor’s wages and benefits and shall comply with all requirements pertaining to the employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
8.4 CONSULTANT shall indemnify and hold harmless CITY, and its respective officers, agents and employees from and against all claims, demands, damages or costs arising from CONSULTANT’s acts or omissions with respect to any liability, damages, claims, costs and expenses of any nature arising from alleged violations of personnel practices.
9 Compensation
9.1 For all of work and services including the various phases of tasks as described in Section 1, CITY shall pay to CONSULTANT an amount not to exceed the sum of three hundred and fifty thousand dollars ($350000), payable as follows:
Not To Exceed Pricing
Fiscal Year 2026 – 2027 $ 50,000
Fiscal Year 2027 – 2028 $ 90,000
Fiscal Year 2028 – 2029 $ 90,000
Fiscal Year 2029 – 2030 $100,000
Fiscal Year 2030 – 2031 $100,000
Hourly Cost:
Tony Ingegneri – Executive - $220/hr
Rick Paniagua – Program Technical Director - $140/hr
Adam Trainor – Project Manager - $125/hr
Megan Favreau – Financial Administrator - $120/hr
Jacob Christman – Logistics Manager - $105/hr
Jayne Clark – Contract Administrator - $105/hr
Sarah Ingegneri – Office Manager - $ 80/hr
The Contract Price is CONSULTANT’S estimate of its charges for all of the services, including all labor, equipment, material, subcontractor and reimbursable costs, to be provided under this Agreement. Progress payments shall be made on a time and material basis. Final payment shall be made upon completion of all services and City acceptance of all deliverables, not-to-exceed the Contract Price. 7-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
9.2 CONSULTANT shall perform no work in excess of the total contract price without prior written approval of CITY. Total contract price includes expenses related to travel to and from CITY to meet with City and to appear, if so required, before City Council or any other board or commission of CITY.
9.3 CONSULTANT shall maintain adequate records and shall permit inspection and audit by CITY of CONSULTANT’s charges under this Contract. CONSULTANT shall make such records available to CITY during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to CITY and any specified public agencies. Such records shall be maintained by CONSULTANT for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event CONSULTANT shall retain its records for the time required by such laws.
9.4 No payment made hereunder by CITY to CONSULTANT, shall be construed as an acceptance by CITY of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this Contract.
9.5 Funding Contingency; Suspension or Termination. Notwithstanding any other provision of this Agreement, the parties acknowledge that performance under this Agreement is contingent upon the availability and continued appropriation of sufficient funding. In the event that anticipated, allocated, or appropriated funding is reduced, delayed, or not received in whole or in part (“Funding Shortfall”), the affected party may, upon written notice to the other party, suspend performance of its obligations under this Agreement to the extent reasonably necessary.
If the Funding Shortfall continues for a period of 45 days following such notice, the affected party may terminate this Agreement, in whole or in part, without penalty or further liability, upon additional written notice. Any suspension or termination pursuant to this section shall not constitute a breach of this Agreement.
In the event of suspension or termination due to a Funding Shortfall, the parties shall equitably adjust compensation to reflect services properly performed and authorized expenses incurred prior to the effective date of suspension or termination. The affected party shall use reasonable efforts to provide prompt notice of any Funding Shortfall and to mitigate any adverse impact on the other party. 10 Indemnification
To the fullest extent permitted by law, CONSULTANT and any contractors or subcontractors working on its behalf agree to indemnify CITY, its officers, employees, agents and elected and appointed boards (hereinafter “Indemnified Parties”) for any loss, claim, demand, cause of action, cost, expense, damage, obligation or liability which arises out of or is in any way connected with the performance of any work under this agreement, including any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of CONSULTANT, its contractors or subcontractors, and regardless of any acts, omissions or negligence (whether active or passive) of any person or entity indemnified hereunder. At their own expense, CONSULTANT and, as applicable, any contractors or subcontractors working on its behalf, shall defend any suit, claim or action against the Indemnified Parties founded 8-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
upon such loss, claim, demand, cause of action, cost, expense, damage, obligation or liability. CONSULTANT shall ensure that the contract of any contractor or subcontractor working under this agreement contain an indemnity agreement, requiring the contractor or subcontractor to indemnify and defend the Indemnified Parties pursuant the terms set forth above. CONSULTANT shall indemnify the Indemnified Parties, and save it harmless from any and all loss, damage, costs, expenses and attorney's fees suffered or incurred on account of any breach of the aforesaid obligations and covenants, and any other provision or covenant of this agreement.
11 Insurance
11.1 CONSULTANT, at its expense, shall maintain in effect at all times during the performance of work under this Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers listed “A” or better in the Best’s Insurance Guide and authorized to do business in the State of California.
Proof of Insurance, as identified in Section 11.8, must be reviewed and accepted by the City Attorney.
11.1.1 Workers’ Compensation and Employer’s Liability
Workers’ Compensation—coverage as required by the State of California Employer’s Liability:
$1,000,000.00 each accident
$1,000,000.00 policy limit bodily injury
$1,000,000.00 each employee bodily injury by disease
11.1.2 Professional Liability (Errors & Omissions) Insurance* $2,000,000 limit on a per occurrence basis
11.1.3 Commercial General Liability
$1,000,000.00 limit on a per occurrence basis
$2,000,000.00 general aggregate limit
11.1.4 Commercial Automobile Liability
$1,000,000.00 combined single limit including owned, non-owned and hired automobile coverage
11.2 All of CONSULTANT’s policies shall contain an endorsement providing that written notice shall be given to CITY at least thirty- (30) calendar days prior to termination, cancellation or reduction of coverage in the policy.
11.3 Policies providing for bodily injury and property damage coverage shall contain the following:
A. An endorsement extending coverage to the City as an additional insured, in the same manner as the named insured, as respects liability arising out of the performance of any work under the Contract. Such insurance shall be primary insurance, as respects the interest of the City, and any other insurance maintained by the City shall be considered excess coverage and not contributing insurance with the insurance required hereunder. The certificate 9-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
and endorsements shall state: “The City of Palmdale, the Successor Agency of the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Industrial Development Authority of the City of Palmdale, Palmdale Airport Authority, their officers, agents, employees and volunteers are named as additional insured’s.”
B. “Severability of Interest” clause.
11.4 Promptly on execution of this Contract, and prior to commencement of any work, CONSULTANT shall deliver to CITY certificates of insurance and endorsements to all required policies demonstrating that CONSULTANT has the required coverage and showing the required named insureds. Within five (5) days of written request from CITY, CONSULTANT shall deliver to CITY full and complete copies of all insurance policies required by this Contract.
11.5 The requirements as to the types and limits of insurance to be maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify CONSULTANT’s liabilities and obligations under this Contract.
11.6 Any policy or policies of insurance that CONSULTANT elects to carry as insurance against loss or damage to its equipment and tools or other personal property used in the performance of this Contract shall include a provision waiving the insurer’s right of subrogation against CITY.
11.7 All insurance coverage must be maintained throughout the duration of this Contract.
11.8 Acceptable Proof of Insurance:
11.8.1 ACORD Certificate of Insurance listing all coverages, limits, deductibles and insureds; and endorsements for all applicable coverages if agent has authority to issue it; Additional insured Form CG20101185 or CG20100707 and CG20370704 or equivalent must be provided for general liability coverage.
Additional insured form CA0001 must be provided for automobile liability coverage.
11.8.2 Agents must confirm that policy endorsements have been ordered from the respective insurance companies. Upon issuance, policy endorsements listing all insurers must be submitted to the City Attorney.
11.8.3 *When professional (E&O) liability coverage is provided on a “claims made basis”, CONSULTANT will continue to renew the insurance for a period of five (5) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT, or its officers, employees, or agents during the time this Agreement was in effect.
11.9 Notwithstanding any other provision of this Contract, CITY may immediately terminate this Contract if, at any time CONSULTANT fails to maintain the required insurance for any period of time or fails to comply with any of the insurance requirements listed above.
10-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
11.10 CONSULTANT shall require any and all subcontractor's working on its behalf to provide insurance coverages and limits that are based on the scope of work and nature of risk being performed by the subcontractor. Any and all subcontractors working on behalf of CONSULTANT shall be subject to all other insurance requirements that are stated herein.
Any deviation in this requirement will be CONSULTANT's sole risk. CONSULTANT's insurance requirements in Section 11 will not be impacted and/or limited by such deviation.
12 Termination Without Cause
CITY reserves the right to terminate this Contract or any part thereof for its sole convenience with fifteen (15) days written notice. In the event of such termination, CONSULTANT shall immediately stop all work hereunder, and shall immediately cause any of its suppliers and sub-consultants to cease such work. CONSULTANT shall also surrender to CITY all finished or unfinished documents or programs and other materials, which shall be City’s property. As compensation in full for services performed to the date of such termination, the CONSULTANT shall receive an amount equal to the value of the work completed as of the termination date in accordance with the fee schedule or as negotiated between the parties. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this Contract.
13 Termination For Cause
13.1 If the City determines that the CONSULTANT has failed to supply an adequate working force, or to provide services of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Contract, the City shall give written notice to the CONSULTANT specifying all defaults to be remedied within thirty (30) days. Such notice shall set forth the basis for the City’s dissatisfaction and suggest corrective measures. If, after thirty days, the CONSULTANT has failed to implement the corrective measures, the City may elect to terminate this Contract, in whole or in part.
13.2 In the event the City terminates this Contract in whole or in part as provided herein above, the City may procure, upon such terms and in such manner, as it may deem appropriate, services similar to those terminated.
13.3 If this Contract is terminated as provided above, the City may require the CONSULTANT to provide all finished or unfinished documents, data, studies, software, drawings, maps, photographs, reports, etc., prepared by the CONSULTANT. Upon such termination, the CONSULTANT shall be paid an amount equal to the value of the services provided and work performed as of the date of termination. Such payment by the City may take into consideration the costs associated with hiring another CONSULTANT to complete the services. In the event no new CONSULTANT is employed, the CONSULTANT shall be paid an amount equal to the value of the work performed. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to both 11-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
completed work and work in progress, to complete and incomplete documents when such are delivered to CITY, and to authorized reimbursement expenses.
The above is in addition to any other remedies available by law or equity to the City.
13.4 If, after notice of termination of the Contract under the provisions of this Section 13, it is determined, for any reason, that CONSULTANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 12. 14 Dispute Resolution
All claims, disputes, and other matters in question between CITY and CONSULTANT arising out of, or relating to this Contract, or the breach thereof shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. 15 Ownership And Delivery Of Work Product
All documents, data, reports, studies, analyses, field notes, investigations, plans, specifications, software, programs, manuals, instructions, and other materials of any nature, whether complete or incomplete, that are prepared, developed, or produced by CONSULTANT or Consultant’s subcontractors in the performance of this Agreement (collectively, “Work Product”) shall be the exclusive property of the CITY.
All Work Product shall be delivered to or left with the CITY upon completion, expiration, or termination of this Agreement. Upon request, CONSULTANT shall provide the CITY with originals and reproducible and electronic copies of all Work Product. Electronic copies shall be provided in an unprotected format that allows the CITY to copy, reproduce, modify, and use the Work Product without restriction.
16 Ownership Of Intellectual Property
The Work Product and all intellectual property rights therein shall be deemed “works made for hire” under the United States Copyright Act (17 U.S.C. § 101 et seq.), and the CITY shall be deemed the author and exclusive owner thereof, in perpetuity and worldwide.
To the extent any Work Product does not qualify as a work made for hire, CONSULTANT hereby irrevocably assigns, transfers, and conveys to the CITY all right, title, and interest in and to such Work Product, including all copyrights, trademarks, patents, and other proprietary rights. CONSULTANT consents to the use of CONSULTANT’s name in conjunction with the sale, use, performance, and distribution of Work Product, for any purpose and in any medium.
CONSULTANT agrees to execute any documents and take any actions reasonably requested by the CITY to confirm or perfect the CITY'S ownership of such rights.
CONSULTANT waives any and all moral rights or similar rights under California Civil Code section 980 or any other applicable law to the extent permitted by law.
17 Subcontracting, Delegation And Assignment
12-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
17.1 CONSULTANT shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY; provided, however, that claims for money due or to become due to CONSULTANT from CITY under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Any proposed delegation, assignment or subcontract shall provide a description of the services covered, identification of the proposed assignee, delegates or subcontractor, and an explanation of why and how the same was selected, including the degree of competition involved. Any proposed agreement with an assignee, delegates or subcontractor shall include the following:
A. The amount involved, together with CONSULTANT’s analysis of such cost or price; and
B. A provision requiring that any subsequent modification or amendment shall be subject to the prior written consent of CITY.
C. The requirement to hire only those persons authorized by federal law to work in the United States.
17.2 Any assignment, delegation or subcontract shall be made in the name of CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Contract including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegates and subcontractors. No such assignment, delegation or subcontract shall result in any increase in the amount of total compensation payable to CONSULTANT under this Contract.
18 Non-Discrimination And Equal Employment Opportunity
18.1 In performance of this Contract, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation, or age. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their sex, color, race, religion, ancestry, national origin, disability, medical condition, marital status, sexual orientation or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 19 SB 1383 Compliance
CONSULTANT shall comply with all applicable requirements of California Senate Bill 1383 (SB 1383) and related regulations concerning the reduction of organic waste, diversion from landfills, and edible food recovery.
20 WCAG 2.1AA Compliance
Information and communication technology means information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data 13-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
and information, as well as any associated content. Examples include computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment; customer premises equipment; multifunction office machines; software; applications; Web sites; videos; and electronic documents.
Each information and communication technology (hereinafter referred to as "ICT") product or service furnished to the City under this Contract shall be accessible to and usable by individuals with disabilities in accordance with the Americans with Disabilities Act, as amended, (hereinafter referred to as the "ADA") and other applicable Federal laws, including Section 508 of the Rehabilitation Act, as amended, and State laws and implementing regulations. For purposes of this clause, Consultant shall be considered in compliance with the ADA and other Federal and State laws if it satisfies the requirements (including exceptions) specified in the regulations 36 CFR Part 1194 implementing Section 508 of the Rehabilitation Act, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level A and Level AA Success Criteria and Conformance Requirements (2008), which are incorporated by reference, and the functional performance criteria.
Consultant shall maintain and retain, subject to review by the City, full documentation of the measures taken to ensure compliance with the applicable requirements and functional performance criteria, including records of any testing or simulations conducted. For each ICT subject to the Contract, the documentation shall include a description of conformance with applicable federal and state laws by means of either a Voluntary Product Accessibility Template (VPAT) or other comparable document, upon request.
If Consultant claims its products or services satisfy the applicable requirements and standards specified above and it is later determined by the City that any furnished product or service is not in compliance with such requirements and standards, the City will promptly inform the Consultant in writing of the noncompliance. The Consultant shall, at no cost to the City, repair or replace the non-compliant products or services within the period specified by the City. If the repair or replacement is not completed within the specified time, the City may cancel the Contract or have any necessary changes made or repairs performed by employees of the City or by another consultant, and Consultant shall reimburse the City for any expenses incurred thereby. Consultant shall indemnify and hold the City harmless in the event of claims arising from inaccessibility.
20 Financial Interest Certification
20.1 CONSULTANT warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no officer or employee of the CITY has any interest, financially or otherwise, in CONSULTANT’s firm.
20.2 For breach or violation of this warranty, CITY shall have the right to annul this Contract without liability, or at its discretion to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee.
14-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
21 Conflict Of Interest
21.1 CONSULTANT stipulates that its officers and employees do not now have a conflict of interest and it further agrees for itself, its officers and its employees that it will not contract for or accept employment for the performance of any work or services with any individual business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Contract or which would cause CONSULTANT to be “financial interested” (as provided in California Government Code Section 1090 et seq. or 87100 et seq.) in any contract or decision made by CITY on any matter.
21.2 CONSULTANT shall not employ any City official or employee to perform any work required pursuant to this Contract.
21.3 If CONSULTANT is a registered professional engineer or licensed land surveyor and the scope of work requires CONSULTANT’S recommendation of the actual formula to spread the costs of an assessment district’s improvements, then CONSULTANT shall not participate in making that recommendation if the additional elements set forth in Government Code section 87100.1(c) apply. Those additional elements are: (1) CONSULTANT has received income of $250 or more for professional services in connection with any parcel included in the benefit assessment district within 12 months prior to the creation of the district; and (2) the district includes other parcels in addition to those parcels for which CONSULTANT received the income. In the event a conflict of interest does arise in that context, City shall select a different CONSULTANT to recommend the actual formula to spread the costs of the assessment district’s improvements and the costs of such services shall be deducted from the compensation to be paid to CONSULTANT.
21.4 To the extent required by the City Manager/designee, CONSULTANT shall complete and file with the City Clerk a Form 700 Statement of Economic Interests disclosing any reportable property interests, income, gifts, investments, or business positions.
22 Compliance With Law
22.1 CONSULTANT shall comply with all state and federal laws, including but not limited to, the requirement to hire only those persons authorized by federal law to work in the United States. If CONSULTANT uses any subcontractors to complete this Contract, this same requirement shall be included in all subcontracts and strictly enforced by CONSULTANT.
22.2 The law of the state of California shall govern this Contract. The venue of any legal action, either formal or informal, shall be the County of Los Angeles.
22.3 If applicable, CONSULTANT acknowledges and understands it must comply with the prevailing wage requirements as set forth in Exhibit “A” attached hereto and incorporated herein by reference, as well as the execution of a Worker’s Compensation Certificate attached hereto as Exhibit “B” and incorporated herein by reference.
23 Health And Safety Provisions
15-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
A. CONSULTANT and all subcontractors shall abide by all health and safety mandates issued by federal, state, county, City of Palmdale, and/or public health officers, and worksite-specific mandates. If multiple mandates exist, the CONSULTANT and subcontractors shall abide by the most restrictive mandate.
B. Costs associated with adhering to health and safety mandates are the responsibility of the CONSULTANT. CONSULTANT is responsible for the tracking and compliance of health and safety mandates and may be audited upon request.
24 Notification And Access Revocation
The CONSULTANT shall notify the CITY in writing prior to or no later than twenty-four (24) hours after, the termination, expiration, suspension, reassignment, or removal of any Consultant Personnel with access to the Project or Owner Resources. For Consultant Personnel with Information Technology access, notification must be immediate, or the CITY may consider the CONSULTANT to be in breach of contract.
Notice shall include the individual’s name, role, effective date and time of termination or removal, and systems or resources accessed.
The CITY reserves the right, in its sole discretion, to immediately suspend or revoke access for any Consultant Personnel upon receipt of notice or upon CITY'S determination that such access is no longer required or appropriate. 25 Force Majeure
Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) if such failure or delay is caused by an event or circumstance beyond the reasonable control of the affected Party (“Force Majeure Event”). Force Majeure Events include, but are not limited to, acts of God; flood; fire; earthquake; explosion; war; terrorism; civil disturbance; epidemic or pandemic; quarantine; governmental actions or orders; or other similar events beyond the control of the affected Party.
The affected Party shall provide written notice to the other Party within ten (10) calendar days of the occurrence of the Force Majeure Event, describing the nature, expected duration, and anticipated impact on performance. The Party shall use all diligent efforts to mitigate the effects of the event and resume performance as soon as practicable.
26 Notices
Any notice required under this Contract shall be in writing, addressed to the appropriate party at its address on the signature page and given personally or by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt.
27 Entire Contract And Amendments
27.1 This Contract is the complete agreement between the parties and supersedes all prior proposals, agreements, and understandings between the parties and may not be modified or terminated orally.
16-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
27.2 No attempted waiver of any of the provisions hereof, nor any modification in the nature, extent or duration of the work to be performed by CONSULTANT hereunder, shall be binding unless in writing and signed by the party against whom the same is sought to be enforced.
27.3 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract.
28 Attorney’s Fees
If any action at law or in equity is brought to enforce or interpret any provisions of this Contract, the prevailing party in such action shall be entitled to reasonable attorney’s fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
In Witness Whereof, the parties hereto have caused this Contract to be executed and attested by their respective officers thereunto duly authorized.
CITY OF PALMDALE: ATS COMMUNICATIONS:
Salvador Mendez
City Manager
Tony Ingegneri
President
ADDRESS FOR NOTICE:
CITY OF PALMDALE
38300 Sierra Highway
Palmdale, CA 93550
ADDRESS FOR NOTICE:
ATS COMMUNICATIONS
4195 Chino Hills Parkway #605
Chino Hills, CA 91709
APPROVE AS TO FORM:
Alexandra Severino
City Attorney
ATTEST:
Rochelle Scott
City Clerk
---------------------------------------- INTERNAL USE ONLY ----------------------------------------
17-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
■Certificate(s) and Endorsement(s) attached
□Confirmed business name on contract with certificate(s) □Attached Agreement Checklist and met all requirements
18-18Concord - Document ID: 034WoeuhsxP54WMhL7VR56
Record of Signing
Signed with https://www.concord.app/
For
Name
Title
City of Palmdale
Michael C. Livingston
Deputy Director Pubilc Works
Signed on Sep 28, 2026 12:22 PM PDT
Secured by Concord™
DocumentID: 034WoeuhsxP54WMhL7VR56
SigningID: 034WoeuU2k59pkoTAJn44v
UTC Signing time: 2026-09-28 19:22:05 UTC
IP Address: 45.62.177.244
Email: [email protected]
For
Name
Title
[email protected]
Tony Ingegneri
Signed on Sep 28, 2026 1:33 PM PDT
Secured by Concord™
DocumentID: 034WoeuhsxP54WMhL7VR56
SigningID: 034WqPkmVjLOXADPjh7qyK
UTC Signing time: 2026-09-28 20:33:37 UTC
IP Address: 142.129.9.233
Email: [email protected]
0 ATS COMMUNICATIONS RESPONSE
City of Palmdale
RFP 27-001-3100
Wireless Communication Facilities
Consulting Services
August 13, 2026
TECHNICAL PROPOSAL
4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Table of Contents
INTRODUCTION TO ATS COMMUNICATIONS .................................................................. 1 EXPERIENCE AND QUALIFICATIONS ................................................................................. 2 TONY INGEGNERI – PROGRAM EXECUTIVE DIRECTOR ................................................................... 3 RICK PANIAGUA – PROGRAM TECHNICAL DIRECTOR ..................................................................... 4 ADAM TRAINOR – PROJECT MANAGER ........................................................................................... 4 MEGAN FAVREAU – FINANCIAL ADMINISTRATOR .......................................................................... 5 JACOB CHRISTMAN – LOGISTICS MANAGER ................................................................................... 6 JAYNE CLARK – CONTRACT ADMINISTRATOR ................................................................................ 6 COMPANY ORGANIZATIONAL STRUCTURE .................................................................................. 7 COMPANY ORGANIZATIONAL CHART FOR PALMDALE PROGRAM ............................................ 7 SCOPE OF WORK - RFP 27-001-3100. ........................................................................................... 7 PROJECT APPROACH & METHODOLOGY ........................................................................ 8 BACKGROUND................................................................................................................................. 8 APPROACH ...................................................................................................................................... 9 METHODOLOGY ........................................................................................................................... 10 TECHNICAL REVIEW AND APPLICATION EVALUATION ............................................................ 10 REPORTING AND RECOMMENDATIONS ...................................................................................... 11 POLICY AND ORDINANCE SUPPORT ............................................................................................ 12 PROJECT MANAGEMENT SERVICES ............................................................................................ 12 SITE IDENTIFICATION AND MARKETING .................................................................................... 13 SITE FEASIBILITY AND DESIGN COORDINATION ....................................................................... 13 AGREEMENTS AND ENTITLEMENTS ............................................................................................ 14 CONSTRUCTION OVERSIGHT ....................................................................................................... 15 FINANCIAL AND ADMINISTRATIVE OVERSIGHT ........................................................................ 15 CARRIER COMPLIANCE & PERFORMANCE EXPECTATIONS ..................................................... 16 TECHNICAL & OPERATIONAL COMPLIANCE ............................................................................. 16 COVERAGE & NEED VERIFICATION ........................................................................................... 17 FINANCIAL & MARKET STANDARDS ........................................................................................... 18 CONSTRUCTION & ONGOING OPERATIONS ............................................................................... 18 ADDITIONAL SERVICES ................................................................................................................ 19 LIMITATIONS OF SERVICES ......................................................................................................... 19 ATS COMMUNICATIONS - GENERAL SCOPE OF SERVICES (SYNOPSIS).................................... 20 MANDATORY ADMINISTRATIVE REQUIREMENTS AND QUALIFICATIONS ....... 22
4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
BUSINESS LICENSE ........................................................................................................................ 22 OTHER LICENSES AND CERTIFICATIONS ....................................................................................... 22 REQUIRED INSURANCE .................................................................................................................. 22 REFERENCES .................................................................................................................................. 22 BID COVER PAGE ........................................................................................................................... 22 W-9 FOR ATS COMMUNICATIONS ................................................................................................. 22 AFFIDAVIT OF NON-COLLUSION AND NON-DISCRIMINATION ...................................................... 22 DEVIATION AND EXCEPTIONS FORM ............................................................................................. 22 BIDDER DISCLOSURE STATEMENTS .............................................................................................. 23 SIGNED IRAN CONTRACTING ACT VERIFICATION ......................................................................... 23 COST PROPOSAL ..................................................................................................................... 24 NOT TO EXCEED PRICING AND WHAT IT INCLUDES ................................................................ 24 POLICY AND PROCEDURES DEVELOPMENT AND IMPLEMENTATION ....................................... 25 HOURLY COST PROPOSAL FOR ATS PERSONNEL: .................................................................... 25 TECHNICAL PROPOSAL SIGNATURE ............................................................................... 26 PROJECT SUMMARY & BENEFITS OF PROGRAM ........................................................ 26 INDICES FOLLOWED BY WORK PRODUCT EXHIBITS ................................................ 27
1 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Introduction to ATS Communications
ATS Communications appreciates the opportunity to provide this proposal to the City of Palmdale for Wireless Communications Facilities Consulting Services. In defining the scope of this project, ATS Communications recognizes the growing concern over reliable, efficient wireless planning. The acceptance and dependence on wireless communications technology is fueling growth in every segment of our society and the deployment of new cellular, broadband and other related communications services is a major concern for local, state and national interest.
As cities in Southern California continue to see significant population growth, the demand for reliable wireless communications services and new technologies has compounded the need for more wireless communications facilities. In order to manage the growth and evolution of wireless communications infrastructure throughout the City of Palmdale, ATS Communications’ team of respected, knowledgeable consultants to the Wireless Industry will provide these necessary skill sets.
ATS Communications and its strategic team of personnel are licensed and registered to perform the proposed scope of work in the State of California. Located 2 hours from the City of Palmdale, each member of our team is dedicated to allocating the necessary time and resources to develop and implement an effective and successful Wireless Communications Facilities Consulting for your community.
Located in Chino Hills, California, ATS Communications is incorporated in the State of California, ATS Communications is a dba of Telecom Partners Group Corp. ATS Communications was started by former Garden Grove Planning Commissioner and City Councilman Tony Ingegneri who saw a need for local cities to understand the evolution of wireless technology and how it would affect communities. He is the President and owner of Telecom Partners Group Corp, dba ATS Communications and authorized to legally bind the company.
2 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Experience and Qualifications
Formed in 2002 as a corporate entity, Telecom Partners Group Corp, dba ATS Communications, has been providing wireless and telecommunications consulting services for municipal agencies and local governmental entities in Southern California for over 25 years. Some past and present clients of ATS Communications include the cities of Palmdale, Poway, Mission Viejo, San Clemente, Santa Ana, Orange, Tustin, Westlake Village, Orange County Water District, Moulton Niguel Water District, Santa Margarita Water District, Trabuco Canyon Water District, El Toro Water District, South Coast Water District, East Orange County Water District, Antelope Valley Union High School District, Las Virgenes Municipal Water District, Oceanside Unified School District, Quartz Hill Water District, Yorba Linda Water District, and more.
Located at 4195 Chino Hills Parkway, #605 in Chino Hills, California, ATS Communications only serves as a consultant to local government agencies including municipalities, counties, water districts, school agencies and other special government entities. The focus of the company is to only provide service to the property owner side of the relationship with the Wireless Industry. On a daily basis, ATS Communications works with all of the wireless carriers and their various representatives throughout California, but we do not represent their interests.
Over the last year alone, ATS Communications was involved in the new or on- going development of 250 cell site facilities throughout California. This work includes but is not limited to new site development, site design, site audits, rent audits, small cell processing, appraisal services, contract negotiation s, contract compliance, site evaluations, staff report support, construction oversight, site modification review, lease evaluations, memorandums related to various mergers, acquisitions and changes in technology in the Wireless Industry, RF studies and evaluations, peer to peer reviews, monetization evaluations, contract assignments , decommissioning of sites and contract renewals.
The principal contact will be Tony Ingegneri, President of ATS Communications. He has over 30 years of working with municipal agencies throughout Southern California. Mr.
Ingegneri negotiated the original Wireless Master Plan agreement in 2008 and completed that project. ATS Communications has brought over ten Verizon Wireless, T-Mobile, and Metro PCS cell sites to city properties. In addition, we have increased the revenue on existing sites for the city; and reviewed more than 500 cell sites on public and private property throughout California.
3 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
The following resumes outline the extensive background and knowledge of the key individuals who will be dedicated to performing the proposed program for the City of Palmdale. These individuals offer years of specialized experience in the Wireless Telecommunications Industry and public agencies. This experience includes project management for public private partnerships, community planning, land use and zoning expertise, RF engineering, Federal and California telecommunications law, and web- based database integration. Their specialized licenses are described in the biographies.
Tony Ingegneri – Program Executive Director
Tony Ingegneri will continue to serve as the Project Manager and key point of contact for the City of Palmdale. With almost 20 years running the City of Palmdale program and over 30 years of experience developing and implementing successful public/private partnership programs with over 100 municipal agencies throughout California. Mr.
Ingegneri served as a Division VP with one of the largest communications companies in the world, Clear Channel Communications, overseeing their Transit Shelter program throughout Southern California.
Prior to starting his own company, Mr. Ingegneri served as Executive Vice President of an east coast wireless communications consulting company. His duties included developing the operational logistics of managing consultants with their respective assignments, overseeing contract compliance, and ensuring customer satisfaction. Mr.
Ingegneri was involved with the planning and project managing of development and implementation of their Telecommunications Master Plan program.
Mr. Ingegneri is an accomplished developer of customer relationship management procedures and quality assurance systems. Mr. Ingegneri has served in Public office as a member of the Garden Grove City Council and on other governmental agency bodies.
He has written and reviewed legislative documents at the state and local level including extensive experience creating and evaluating local ordinances. In addition, he served on Garden Grove’s Telecommunications Committee.
Earning a Master of Business Administration from USC’s Marshall School of Business, Mr. Ingegneri’s studies focused on the Telecommunications Industry and the deployment of next generation wireless technology. Mr. Ingegneri was one of ten students out of 425 accepted to work on a specialized research program for USC’s Center for Telecommunications Management involving the deployment of wireless mesh networks.
Mr. Ingegneri earned his undergraduate degree from California State University, Fullerton and competed on the Fencing team in Sabre. A Second-Degree Black Belt in Mixed Martial Art, Mr. Ingegneri participates in Beer league ice hockey and plays guitar.
4 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Rick Paniagua – Program Technical Director
Rick Paniagua has been with ATS Communications for seven years. He has over twenty-five years of experience in the Telecommunications Industry and has extensive expertise in site acquisition, site development, and site development management. Mr.
Paniagua has been highly successful in completing long-term wireless projects.
Some of his accomplishments include the first cell tower built inside Vandenberg Air Force Base in central California and five macro cell sites built on behalf of Cingular Wireless (now AT&T) at UC Santa Barbara. Previously possessing a Real Estate Salespersons License in California, Mr. Paniagua uses his knowledge of Real Estate law effectively in the Wireless Industry. His early achievements led to becoming a partner at Global Tower Partners (acquired by American Tower in 2013) where he managed new site builds for the firm on the west coast from 2005 to 2009.
In 2010, Mr. Paniagua was part of the development team for the Clearwire project in Southern California. Clearwire provided mobile and fixed wireless broadband communications services to retail and wholesale customers in the United States, Belgium and Spain. In 2011, Mr. Paniagua became a Site Development Manager for Mobilitie, the largest privately held telecommunications infrastructure company in the United States and was sent to Latin America to oversee a large cell tower network build out consisting of over four hundred and fifty wireless facilities.
Mr. Paniagua’s experience also includes work on Distributed Antenna Systems (DAS) at the renowned Hoag Hospital in Southern California and 5-star hotels in and around the Los Angeles area. He has worked with Wireless Internet Service Providers (WISP) in Orange County, CA. Prior to his work with ATS Communications, Mr. Paniagua served as a Special Projects Manager for Sprint and was successful in resolving challenging issues involving property owners and government agencies. He has a bachelor’s degree in Vocal Performance from California State University Northridge and sang professionally prior to starting in telecom in 2000.
Mr. Paniagua enjoys playing tennis, recording latin songs which are available to view on YouTube.
Adam Trainor – Project Manager
Adam Trainor has been with ATS Communications for 4 years serving as Project Manager. Adam is a straight to the point - results-driven Project Management leader with over a decade of experience steering complex initiatives spanning technology, construction, logistics and operations into project completion. Adam has been recognized for blending strategic vision with hands-on execution. Adam has
5 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
successfully delivered important community/industry projects consistently meeting or exceeding schedules, and budget expectations.
Throughout his career, Adam has built a reputation for transforming lessor defined concepts into successful operational realities by listening, strategizing and plan formation. Adam leverages his expertise by fostering collaboration between stakeholders, executives, and technical specialists. Adam’s leadership style is rooted in transparency, accountability, and a relentless focus on measurable outcomes.
Adam is a certified drone pilot, he is OSHA certified for the construction industry, Cal OSHA certified and attended the University of Central Connecticut State(UCCS) with a major in communications and a minor in Construction Management. His certifications are attached in the Appendices.
Adam played offensive tackle in college for the UCCS Blue Devils, spends his spare time with his newborn son Wesley and serving his community volunteering in a special needs program that hosts daytime outings for special needs children.
Megan Favreau – Financial Administrator
Megan Favreau has been an advisor/contractor for ATS Communications for many years and became an employee in 2022 serving as the financial administrator. Megan’s unique background in both engineering for the Northrop Grumman Corporation and finance management for Bank of America makes her well-suited for cross-functional roles like technical product management, financial analysis for the telecom sector, quantitative risk management and industrial project development. This dual expertise bridges the gap between complex technical operations and bottom-line economic viability.
Throughout her career as a financial services manager, Megan has been entrusted by fortune 100 companies to audit financial institutions for regulatory, policy and contract compliance. Megan represented the Northrop Corporation with the Department of Defense resulting in the only zero deficiency audit in that audit cycle for Northrop. She has a well- honed ability to communicate effectively between technical teams of engineers/contractors and commercial stakeholders such as municipalities and wireless carriers while managing successful financial outcomes during and at project completion.
Megan earned a certification in Configuration Management Engineering from the Northrop Corporation, attended Rio Hondo college and carries a certificate in Human
6 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Resources from the Caslon School at the University of Minnesota provided in the Indices. She earned her NMLS ID 1768116 and is a Notary Public.
Megan is a devoted tennis player, avid reader, runs a Social Media cooking blog, enjoys home gardening and is surrounded by a grumble of pugs at home.
Jacob Christman – Logistics Manager
Jacob Christman has been with ATS Communications for 8 years serving as Project Manager and currently Chief Logistics Engineer. Jacob is a thoughtful and strategic leader who demonstrates and communicates the straightest line to the stated goal.
Leveraging his military experience, Jacob has mastered the process and procedure of public private partnership. Jacob has been awarded the Production Efficiency Award for his efforts in reducing lead time through efficient scheduling and streamlining process resulting in on time/budget project delivery.
Building his post military career, Jacob has built a reputation as a patient leader, adaptive to change, who listens, translates and follows through to completion concepts into physical realities. Jacob demonstrates his expertise navigating hierarchies deftly in land use and zoning while employing California telecommunication laws into engineering designs.
Jacob is a drone pilot, is OSHA certified for the construction industry, and attended Emby-Riddle Aeronautical University majoring in Aeronautical Science and serving in the Army as a combat engineer after completing officer school. His certifications are attached in the Appendices.
Jacob is a tribal member of the Cherokee Nation, played rugby in the military and currently divides his spare time between music composition and playing in an adult soccer league. Jacob is married, spending time with his wife, young son and German shepherd.
Jayne Clark – Contract Administrator
Jayne Clark started with ATS Communications in 2022 as an Administrative Assistant and has grown into contract administration. Jayne’s persistent and consistent focus on contract policy and procedure detail has resulted in Jayne becoming an integral asset and invaluable to the success of the ATS team. Jayne manages and reports financial reviews of client revenue, audits of escalations, modifications and ancillary income as
7 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
well as tracking monthly and yearly lease payments. Jayne also coordinates with the financial leadership on accounts payable for the wireless carriers and tower companies.
Jayne values clear and concise communication and reliability, aiming to support the team so clients feel confident and well-cared for by having information readily available. Jayne has demonstrated superior organization skills and runs weekly team alignment meetings. Jayne attended California State Fullerton and majored in Communications.
Jayne’s hobbies include running half marathons, baking sourdough bread and traveling the world.
Company Organizational Structure
ATS Communications is wholly and privately owned by Tony Ingegneri. The company has 8 employees and does not use any subcontractors. While five employees were involved with various aspects of our previous Palmdale work, the anticipated expansion of requested services will result in six members being involved.
While Tony Ingegneri and Adam Trainor will be the key, day to day, service providers, we rely on the whole team to provide input for their specific expertise as needed for all of the services requested. The current staff at ATS provides the necessary amount of time needed to manage the existing and expanded services. There is no overlap of services as each person has their specific skill set that Tony and Adam draw from for support. The City of Palmdale is a mid-sized client and we have no new clients or other issues that would interfere in our delivery of services. There are no plans for any staff to leave.
Company Organizational Chart For Palmdale Program
Tony Ingegneri
Program Executive Director
Rick Paniagua,
Program Technical Dir
Adam Trainor
Project Manager
Jacob Christman,
Logistics Manager
Jayne Clark,
Contract Administrator
Megan Favreau
Finance Admin
8 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Scope of Work - RFP 27-001-3100.
The City seeks to retain an experienced firm to provide Wireless Communications Facilities Consulting services pertaining to leasing space on city-owned infrastructure to third-party carriers, or leasing city-owned real property to third-parties for the construction and operation of wireless communications facilities.
Project Approach & Methodology
Background
Advances in wireless communications technologies are occurring at an increasing pace.
The deployment of DAS and more recently Small Cells has created a literal firestorm of development applications by wireless carriers as well as third-party neutral host carriers.
In addition, Starlink, autonomous vehicles, drones and new technologies are adding to the complexity of the wireless landscape.
New and existing state laws, such as AB 14, AB 537, SB 556 and SB 649 and specifically the ongoing changes and challenges to 6409 impact the processing, development and deployment of wireless services. This fast paced evolution of the Wireless Industry are placing additional constraints on how municipalities process new applications for wireless communications facilities throughout the community. For the City, the expeditious deployment of advanced wireless networks is important to any municipality competing to bring economic activity to their community as well as a matter of both statewide and national concern.
Over the last few years, the wireless service providers have undergone significant changes to the Wireless Industry. Metro PCS and Sprint have merged with T-Mobile, Dish came and went, third party tower companies have become the leading owner of the wireless facilities as the wireless carriers focus their attention of providing service. And the onslaught of third-party wireless phone providers such as Boost Mobile, Consumer Cellular, Mint Mobile, and others are expanding their customers at the expense of the major providers which will result in a changing wireless landscape. And finally, there are local wireless service providers in other markets across the U.S. that plan to make in roads to Southern California in the near future.
Last, Federal Laws and Regulations offer another level of complexity. The 1996 Telecom Act continues to be the leading doctrine regulating wireless network services and affecting how cell sites are regulated by local municipal agencies. The wireless providers are required to harden their sites in response to numerous catastrophic events. As part of the wireless carriers’ frequency licenses, they are under pressure to install generators – an expense to the wireless carriers with no financial benefit to their network. And of course,
9 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
the nationwide effort to create a cohesive and robust wireless network for law enforcement and first responders. AT&T Wireless has been upgrading their sites to include First Net and Verizon Wireless has started to deploy their Frontline network.
Utility agencies, water districts and other quasi-government agencies are initiating their own networks as part of Homeland Security to ensure the safety of their citizens.
What all this means for the City of Palmdale is an expected change in the deployment, decommissioning and modification of wireless facilities over the next few Years. ATS Communications has been following the current evolution of the Wireless Industry and preparing our clients for what is to come.
Approach
ATS Communications has reviewed the Scope of Work in the City’s RFP 27-001-3100.
ATS has over 20 years of experience providing the tasks outlined in the RFP.
Furthermore, ATS has successfully provided these tasks as part of our consultancy work with the City of Palmdale over the past 18 years, as well as the Antelope Valley Union High School District and numerous other government agencies in local proximity to the City of Palmdale and throughout Southern California.
ATS Communications will continue to work with the City to evolve their wireless strategy as the Wireless Industry continues to change and State and Federal laws arise. In doing so, we consider these three main goals to this program: 1) develop an efficient wireless development program to effectively manage the process of network deployments throughout your community, 2) reduce the visual blight associated with cell antennas through an effective equipment placement (siting) and screening guidelines, and 3) generate additional revenues for your city.
Our efforts will take into account the many technological changes that have occurred over the last few years, review the changes that truly make sense and incorporate these into the processes, and forecast from expert industry opinion new technologies we anticipate will have an effect on the City of Palmdale’s wireless future.
ATS Communications, on behalf of its clients, works with all of the major wireless service providers on a daily basis. This includes the ability to arrange feasibility walks, site surveys, plan reviews, contract negotiations and other tasks that require immediate attention in order to successfully implement wireless communications infrastructure. For most of the cities represented by ATS Communications, our services include the initial review of site applications, evaluation of the radio frequency propagation analysis and assessment of the overall design in keeping with industry standards and city-approved guidelines.
10 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Methodology
In determining the tasks necessary to provide the City of Palmdale the services outlined in the RFP, ATS has become efficient and cost effective in the delivery of those services.
We have expanded, specialized and tiered our services based on the expertise necessary to deliver all of our services efficiently and effectively.
We have not only created and implemented these services in Palmdale, but in over 50 government agencies throughout California. Using a “Best Practices” strategy, we are able to ensure all of our clients, including the City of Palmdale, receive the most up to date information available for the managing and deployment of cellular networks available.
ATS conducts once a month update meetings to inform the City of the progress of all projects under way. In addition, internally, ATS holds a weekly call to discuss all of our clients and the status of projects. This allows the entire team to participate in assisting everyone with any issues or solutions necessary to solve any problems our clients are having with the carriers or tower companies. It enables the team to utilize the resources available within the team to successfully provide our “Best Practices” services.
Technical Review and Application Evaluation
ATS has conducted site reviews, equipment reviews, financial reviews, Peer to Peer reviews and contract reviews for Wireless Communications Facilities throughout California and the United States. Specifically for Palmdale, ATS reviewed all of the private wireless facilities throughout the City and has been involved with the new development or site modifications of all City-owned facilities.
As part of the Policy and Procedures program (P&P) ATS has rolled out, a standardized site application and submittal requirements has been developed. ATS conducts this process with all of its clients to ensure continuity and for ease of implementation with all of the wireless carriers, their site acquisition firms and tower companies.
The applications are reviewed for their completeness, the plans are reviewed to ensure they follow the guidelines listed in the P&P and they adhere to the City’s Wireless Ordinance. At one time, ATS handled the Peer to Peer reviews to ensure the wireless carriers were following the City’s Wireless Ordinance and the Design Guidelines developed by staff and ATS and approved by the City Council through the Wireless Master Plan developed by ATS.
Subsequently, new personnel have changed over the years and the review process was never continued. ATS has made attempts to renew this service, but it has not occurred.
11 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
ATS stands ready to implement this service as part of the new contract. Currently, we are providing the services outlined in this section to Palmdale, or to other clients.
We are familiar with technical documents as we evaluate them on a daily basis. RF Coverage and capacity, Intermodulation Studies Structural engineering, construction drawings are all reviewed by ATS with our recommendations submitted to our clients.
For clarification, while we review these documents, we ensure they are provided under the appropriate conditions. We do not verify their accuracy as that is the role of the wireless carriers’ A/E. We do not recommend our clients to perform those tasks and we don’t perform that function as it shifts the liability away from the wireless carriers’ on the our clients and ATS.
Reporting and Recommendations
ATS has provided these reports and recommendations for various types of wireless activities in the City of Palmdale. These reports include, but are not limited to Peer to Peer reviews, financial monetization analysis of revenues from cells sites on City property, Fibers Study, WiFi Study, Project oversight of a WiFi project at Marie Kerr Park, an analysis of 6409 as it was applied to a proposed water tank project and more.
Specific reports occurs when ATS is requested to provide them. There are many requests and information that passes our path that the recommendation is explained. Some of the other type of reporting that is provided is site walk synopsis, Notice to Proceed, Close Out documentation for projects on client properties.
The Executive summary memorandum is essentially the Close Out documentation that ATS provides for each project, new site build or modification, on City property. Many of these tasks are covered and expanded on in the draft Policy & Procedure prepared previously by ATS.
12 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Policy and Ordinance Support
ATS routinely provides these services to our clients, including the City of Palmdale. ATS was involved with the current Ordinance providing a draft copy and examples from other municipal agencies. We are familiar with the Ordinance and have implemented those aspects that affect the projects we handle.
ATS worked with the City to create the Design Standards in the Wireless Master Program and has consistently implemented those standards when requested. In fact, the Policy and Procedure draft document recommended by ATS was as a result of ATS catching wireless carriers taking advantage of the City’s furlough period between Christmas and New Years to conduct unapproved modifications to their sites on City Parks.
In addition, ATS has regularly provided information to our client’s, including Palmdale, regarding changes in municipal strategy for wireless communications including the WiFi Study conducted by ATS. Whether it’s new State and Federal laws, new interpretations of these laws, technology changes or advancements or policies that will assist the City in receiving better wireless coverage, such as the Fiber Study conducted by ATS, we assist the City and all of our clients on how to make their community wide cellular network better and prepare the City for the future of wireless.
Project Management Services
ATS provides a “Best Practices” project management strategy for our services. While we have worked with Palmdale for many years, Palmdale benefits from our work with all of our clients – as they benefit from the services we provide Palmdale. As an example, ATS implemented language into each wireless agreement between the City and the carriers a purchase option for the structure so that the City, if needed, could implement their own wireless WiFi or SCADA network without having to receive approval from the carrier or pay rent.
At ATS, we believe government agencies have a higher and better use for their properties. We manage our clients’ properties to ensure that their properties are primary and the wireless carriers work around the services provided to the community. A typical example of this is when ATS requires the wireless carrier to provide a construction schedule for the City to review prior to commencing work to ensure that the carrier’s activities will not interfere with park activities for the community.
13 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Site Identification and Marketing
ATS prepared a Wireless Master Plan (WMP), the City’s properties were made available to the wireless carriers. A copy of the Wireless Master Plan is included in our response to the City’s RFP. ATS has worked with the carriers and presented the properties to their RF engineers as friendly landlord locations.
There was a point during our relationship with the City where ATS was asked to slow down siting wireless facilities on Park locations. ATS marketing has sited wireless facilities at the City Yard instead of Desert Sands Park as an example. We have also facilitated a flag pole at City Hall and a water tank at DryTown. Through our marketing efforts, we have the first Distributed Antenna Systems proposed for three Palmdale streetlights.
As part of this process, the City slowly purchased streetlights back from SCE which added a complexity to the marketing. Typically we provide a mini site information candidate package to the carriers for specific consideration of properties. We are familiar with all the site acquisition firms and the deployment managers with the local wireless carrier offices to handle inquiries on the availability of sites.
Most important is the feasibility site walk. This is where an understanding of the City’s Ordinance, design standards, processes and rent expectations are needed. ATS has over twenty years of performing this activity, 18 of them with the City of Palmdale. We are familiar with local market rates and what conditions will increase or decrease those rates in order to get the wireless carrier to consider the properties we represent as their primary location.
Site Feasibility and Design Coordination
With over 20 years of experience performing site feasibility walks, ATS recognizes the steps necessary to entice the wireless carrier to our client’s property. While it includes relationships built on years of synergistic negotiations, we understand what the specific requirements are for each carrier when evaluating a potential site. There are design costs, access to utilities, zoning requirements and the trust that we have built with the wireless carriers that we have an understanding of what our clients have an appetite for when it comes to wireless facilities on their property.
To be clear, we represent our client’s interest first and foremost. We have a reputation for clearly stating what will be successful and not. Especially with the longevity we’ve had with the City of Palmdale. We already know what has been approved and not approved,
14 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
and can provide clear direction for the wireless carriers to be successful with their project. We have adjusted our knowledge over the years as new members of City staff have come into the program to ensure from the carrier’s perspective the change has appeared seamless.
For reference, the tower companies involved in the wireless facilities in Palmdale have come from their acquisition of the carrier’s lease. As third-party providers, their involvement in the initial development of cell sites on City property results in less rent for the City and a delay in receiving rents.
Last, as part of the ATS strategy to minimize the development of cell sites on City ball parks, ATS has always recommended a drop and swap process whereby the carrier builds another pole in close proximity to the existing pole. Then when the concrete footing had cured, the lights from the existing City pole can be transferred to the new structurally strengthened pole with minimal loss of light – typically during one day. And the carrier is required to have the lighting company perform a light study to ensure the same light coverage has been deployed.
Agreements and Entitlements
ATS will continue to work with the City’s staff and Attorney in identify the best type of Licensing / Leasing arrangements that will provide the necessary legal framework and template for each wireless communications service provider to follow. This is important to provide fair, reasonable, nondiscriminatory, and nonexclusive access to each wireless communications service provider.
ATS’s approach is to seek out the “Best Practices” legal framework from other municipalities across the nation and integrate them into a program that best suites the objectives for the City of Palmdale. For clarifications, ATS is not a law firm, we provide business terms and conditions based on prior experience on hundreds of other agreements reviewed and the input from the many attorney’s our clients employ. In the end, it is the Palmdale City Attorney who has to provide their stamp of approval on all legal related matters, ATS has the experience to provide insightful recommendations.
Prior to any agreement or amendment being recommended for jurisdictional approval, ATS makes sure to include the necessary approval documents such as notice to proceed approval for the building permit, necessary certificates of insurance and all other approvals to ensure proper consideration.
15 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Construction Oversight
Typically, we request to review the construction drawings prior to submittal to the City in order to ensure that the titling process we have created with the City has been adhered to and to make sure that there are no blatant mistakes that take up everyone’s time and costs the City. Once we are good with the overall submittal, we present it to staff to route to the Park’s department for their review.
When the City is good with the overall project, then they submit for their zoning review and eventually their building permits. During this process we may be working on a new license agreement or amendment if we determine that the changes warrant that direction.
ATS provides Construction oversight for all of the sites we represent over the last 20 years. We understand the role of the City’s inspector and provide our input to ensuring the work focuses on contract compliance. While the City inspector may address the depth of the concrete footing, ATS is concerned that the branch count on the faux tree is correct or leaf socks have been installed.
During site walks, we provide a detailed list of requirements and regulations we’ve established with the City and through our “Best Practices” process to ensure the project goes smoothly. We require that along with inviting City staff, the GC for the company and the construction foreman mush be on site with the stamped approved plans for the Preconstruction walk. Some of the items we request during the site walk are taking pictures prior to any staging of the site or commencement of work, ensuring the site is always kept neat and safe, how vehicles access the site and their route among a myriad of other items.
We randomly check on the sites to verify the work is being performed safely and correctly – which is how we found the unauthorized work over the City’s furlough period. At the end of the project, we ensure the site has been completed to the satisfaction of the City staff and Parks and Recreation.
Financial and Administrative Oversight
ATS provides most of the lease oversight for rent payments, escalations and modifications. The exception being the few sites that existed prior to being hired by the City that the Accounting Department handles – but from time to time request our assistance. ATS has conducted Rent Studies for several of our clients and we typically request slightly more than what the market average is.
For marketing services, if the lease rate is too high, the carrier will find more reasonable site for the money. This is why the relationships with the carriers matters because they
16 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
will work with us to ensure that we don’t market our client’s properties out of the process.
As for insurance requirements, the City informs the carriers on an annual basis for certificate renewals. ATS requests insurance certificates when the carrier does not properly respond or there is an issue with the coverage. For each project, new or a modification, we require the carrier, their General Contractor and the subcontractors provide insurance prior to any work commencing. If the carrier wants to come on to the City’s property to prepare a soils report, we require a copy of the carrier’s insurance certificate along with that of the contractor performing the work.
Recent legislation is requiring decommission bonds for cell sites now. ATS will be implementing this process in a manner we have completed for several other clients. In addition, with the new developments with EchoStar and their Dish Network, it is imperative that this new requirement be established with all of the wireless carriers.
Carrier Compliance & Performance Expectations
ATS performs the task of monitoring carrier compliance for City codes, lease obligations and Industry Standards. From City to City, codes and requirements may differ. ATS takes that into consideration with all of our clients as no two cities are the same.
In addition, each lease is specific to the carrier and site where it is located. This includes access requirements, times of operation and other types of restrictions that vary from open parks to Homeland Secured water facilities to strict access and reporting requirement for high school ball field lighting locations.
The Policy and Procedures document we have created for our clients codifies the specifics for each type of client, each type of property and each type of facility – water tank versus ball field light versus flag pole and so forth.
Technical & Operational Compliance
For too many clients to mention, ATS has been involved with radio frequency interference issues. Water District SCADA systems, utility agency low band frequencies, Neighborhood Safety WiFi networks and now the National rollout of the law enforcement and first responder networks handled by AT&T Wireless (FirstNet) and Verizon Wireless (Frontline).
The landscape for the complexity of wireless networks is growing exponentially. First and foremost, the 1996 Telecom Act addresses this issue and rightly so. The first carrier
17 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
in has precedent over each follow on carrier, regardless of the type of carrier. ATS has been negotiating on our client’s behalf to ensure our clients SCADA or other types of networks will receive consideration from the first in wireless carriers.
Our philosophy is that the primary use of our client’s properties are for the public good.
Therefore, the wireless carriers have to work with our clients to ensure that if they need their own wireless network that it can reasonably be developed. In addition, since ATS has certified drone pilots, we can safely see what antennas, RRU’s and other ancillary equipment exists at the top of an 80’ ball field light to ensure the wireless carriers are compliant with the terms of the agreement.
It should be mentioned that there are new requirements for identifying bird nests at cell site antenna facilities. This occurs on ball field lights more frequently now. Our drone service allows ATS to see what exists at the top without have to take the word of the wireless carriers subcontractors.
Last, in taking into account ball field lighting with antenna structures, we typically have recommended the antennas go above the lights to ensure repair person safety and minimal lighting interference from the wireless carriers.
Coverage & Need Verification
There are two reasons why a cell carrier builds a cell site: 1) the lack coverage in the identified area or 1) the capacity to provide service in a given area has exceeded the ability to provide the service – there are too many subscribers. Since the only documentation they can provide is computer modeling, you can’t really rely on the information they provide. They will sometimes “game” the outcome by adjusting the output up or down from a particular cell site to show a need. They do this in response to community outcry about cell sites.
The ATS approach is to understand the overall issue. When a cell site is overloaded with customers, the wireless carrier will identify how they can reasonably split the site at the best Return On Investment (ROI). These sites get put into a pool of sites to build for the following year based on that ROI and typically less than have will get built due to cost overruns, zoning issues, failed property owner negotiations or site development costs.
A typical cell site costs perhaps $500,000 to $2M or more to build – which is where the ROI really comes into play. We accept that if the carrier is looking to build a site, they’ve performed their due diligence to verify the need and as part of our site marketing, we use this understanding to help them achieve their need on our client’s property. If there is a coverage issue, that can be seen by driving around with your cell phone, but infill sites will have coverage along with a lot of dropped calls.
18 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Often, the City’s planning department will require an RF Study to show the coverage.
That documentation will have the surrounding sites of which we can verify. We can perform this type of analysis, but the City has not requested it even though we have tried several times to reinstitute the service. We are more than happy and capable to perform this task.
Last, anytime we market a site to the carriers and have interest, we take that information to the other carriers to see their appetite for the location either short term or long term. In fact we are working on several similar projects like this for the City Tustin and Crescenta Valley Water District. We always evaluate whether there is a need for colocation at a site and prepare the site to meet the need.
Financial & Market Standards
ATS is experienced in the market rates for various types of cell site development and some of the restrictions on those amounts. Market rates vary by overall market size, relational market size, type of build and competitiveness of other opportunities. ATS has performed Rent rate analysis for several of our clients. The studies typically show the rent rates and escalations ATS obtains for its clients are slightly higher than the local average.
The main issue with marketing to the carriers is the loss of an opportunity. If the rate is too high, the project and income stream are lost for twenty years or longer. The marketing has to be more of “boiling the frog starting with cold water” than aggressive approach. ATS takes the boiled frog approach and has been extremely successful in getting cell sites on our clients properties.
ATS has discuss with the City several financial opportunities to increase revenues from new sources associated with the Wireless Industry. ATS performed a monetization analysis for the City and a Fiber Study, both are just two examples of financial opportunities presented to the City.
Construction & Ongoing Operations
To date, ATS has been providing construction oversight outside of what the City’s own inspectors perform. Our service works along side the City’s to ensure contract compliance and enhance community safety. One thing should be noted, ATS provides its services 24/7 and even during holidays. That’s how we were able to catch the unauthorized wireless carrier activity. For 18 years, ATS has provided a continuity of service to the City of Palmdale. All of the history of cell site development on City
19 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
property resides with ATS. This information has always been shared with the City. We have maintained a professional service relationship with the City and like many other clients, enjoy the recognition of the quality of our service with renewed contracts.
Our services continue to expand and evolve to answer the needs of our clients around a fast-evolving technology driven industry. We constantly review the Wireless Industry white papers and articles to stay ahead of shifting directions to keep our clients aware of what may await them so they can properly prepare for the future of Wireless Technology.
Additional Services
There are many additional services we provide our other clients. We have a certified drone pilot that along with identifying bird nests, ATS can provide site reviews that would otherwise be unsafe to perform. ATS has also successfully used drone footage to provide better site marketing information by showing the view from the actual proposed antenna height.
By finalizing the Policy and Procedure program we have presented, we can actually reduce the overall costs of our services by greater than 50%. The document also provides a codified process to assist the wireless carriers on how to submit their projects and continue their ongoing site maintenance.
ATS has performed Radio Frequency Safety conferences for clients that covers how to work around wireless carrier facilities and their antennas. Another service ATS offers is 24/7 and holiday response to cell site issues. Last, ATS is working with a other agencies to co-develop cell sites that would otherwise not be financially feasible to build. ATS has always been receptive to assisting the City with additional services.
Limitations of Services
In reviewing the City’s RFP 27-001-3100, there are no limitations to the services requested. ATS has provided these services over 18 years for the City along with same and similar services being provided to many other government agencies within the local vicinity and throughout Southern California.
In addition, ATS shall not prepare, certify, stamp or submit any documents on behalf of the wireless carriers or their site acquisition subcontractors. ATS only works for government agencies and has no association with the wireless carriers other than representing our clients.
20 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
ATS Communications - General Scope of Services (Synopsis)
• Prepare properties for marketing by determining latitude, longitude and AMSL(above mean sea level) of property;
• Provide list of properties to local wireless carriers and their site acquisition subcontractors;
• Map locations for potential search rings to present to wireless carriers; • Provide mini-SCIP for the site acquisition companies for potential candidates including aerial photos, site photos, zoning issues, property ownership clarification and other pertinent information needed by wireless carrier; • Meet with the site acquisition person at the property for initial site feasibility walk of the property;
• Present basic requirements/conditions for developing a cell site at the property such as access issues, power, telco, underground infrastructure; • Meet with site acquisition, radio frequency engineer, A & E team and other members of wireless carrier’s subcontractors to perform more in depth site feasibility study and initial design determination;
• Assist the carriers to assess a City property by providing drone footage at actual proposed antenna height and in 360 degree view;
• Review initial design and present to client with recommendations; • Observe the top of ball field lights and other tall vertical structures to determine if there is a bird nest, and if so, provide guidance on how to move forward;
• Prepare and deliver response to wireless carrier of initial wireless site design; • Review carrier lease contract or present client template to carrier; • Review and modify wireless carrier Letter of Authorization agreement and present to client for review and signature;
• Prepare document comparison review of redlined versions of legal documents to ensure revisions are not inadvertently added without client’s knowledge; • Review and modify wireless carrier Entry and Testing agreement and present to client for review and signature;
• Work with wireless carrier to negotiate the lease agreement on behalf of the client per the terms and conditions requested by client; • Oversee the proper execution of the documents for client’s internal needs; • Review the zoning drawings on behalf of the client for their final approval for the carrier to present to the local jurisdiction;
• Monitor the zoning process of the wireless carrier to ensure no representations beyond what the client has approved are made;
21 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
• Review the construction drawings on behalf of the client for their final approval for the carrier to begin site development;
• Monitor the issuance of the construction permit by the local jurisdiction to ensure no work is performed prior the permit being received unless allowed by client;
• Perform a pre -construction site walk with the wireless carrier and their subcontractors to ensure all parties understand any requirements necessary so that client may continue their business without any unnecessary disruption of their business;
• Ensure all insurance certificates and construction bonds are in place prior to construction;
• Ensure any pre-payments, early fees, signing bonuses or capital improvement payments are paid per the terms of the agreement;
• Ensure lease payments commence and are for the correct amount; • Monitor the on- going work activity of the wireless carrier and their subcontractor comply with client site security and safety requirements; • Evaluate antenna deployment from the ground with a drone that can hover at the height of the antennas safely and provide 360 degree footage of the facility;
• Monitor construction activity to ensure the facility is built per the approved plans;
• Ensure all conditions of wireless carrier’s work activity is completed including site cleanup and removal of all unnecessary materials from the site; • Create follow up meeting synopsis for all site walks to document issues discussed with all parties at meeting;
• Monitor the on-going activity of the site to ensure there is no enhancement to the site of the wireless carrier’s business without the prior authorization of the client;
• Available 24/7 and holidays for emergency services if there is a cell site issue such as emergency generator alarms, illegal work, and hazardous conditions; • Contacts with wireless carrier program managers, accounting personnel, radio frequency engineers and field operations for quick contact regarding any type of wireless facility issue;
• Monitor the wireless carrier’s on-going upkeep of the facility; and • Monitor the carrier activity to ensure contract compliance and prompt payment;
• Conduct weekly internal meeting to cover and address status of Palmdale projects;
• Conduct once a month, and if necessary bi -weekly staff conference calls to discuss status of Palmdale projects.
22 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Mandatory Administrative Requirements and
Qualifications
Business License
A copy of the ATS Business License with the City of Palmdale is attached in the Indices.
Other Licenses and Certifications
OSHA, Cal/OSHA and Drone certification certificates are included in the indices.
Required Insurance
ATS has a current certificate of insurance on file with the City and a signed copy of the signed Certification of Insurability is attached in the indices.
References
This document is included in the indices as the first document. All of the listed clients have been contacted and agreed to respond. They ask that someone call to let them know that they need to respond as emails sometimes end up in spam.
Bid Cover page
This document follows the Letter of Transmittal in the ATS RFP submittal.
W-9 for ATS Communications
ATS has a W-9 on file with the City and one has been included in the indices.
Affidavit of Non-Collusion and Non-Discrimination
This signed document is included in the indices.
Deviation and Exceptions Form
ATS is capable of all aspects of the RFP 27-001-3100 and is not deviating from any part.
The signed form is included in the indices
23 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Bidder Disclosure Statements
This document is in the indices behind Exhibit B.
Signed Iran Contracting Act Verification
ATS is not an international company and has no relationship with either the Country or businesses of Iran. The signed document is included in the indices.
24 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Cost Proposal
Observing our services over the last five years of providing wireless consulting to the City of Palmdale, what we notice is the work ebbs and flows. The reason being for the following circumstances, new wireless provider coming into the market such as Metro PCS and Dish, mergers and acquisitions such as T-Mobile acquiring Metro PCS and Sprint, new technology as the carriers moved from 4G to 5G and soon to 6G, new services such as streaming which requires faster speeds and more bandwidth and the development of a first responder network – just to name a few.
Our billing went from about $50K in 2022, down 10% to $45K in 2023, and then down another 11% in 2024. In 2025 the billing jumped to double the previous year in 2025 and now is on par to drop another 15% for 2026. ATS has bandwidth for more additional services based on the cost effective method we use to distribute our workload among our various skill sets.
Providing service for other local government agencies – Las Virgenes Municipal Water District, Antelope Valley Union High School District and Quartz Hill Water District allows ATS to be in the area at all times and interact with the wireless carriers’ local personnel for the area. Working the Antelope Valley for several clients enables ATS services to be cost effective and diversified. The following is our proposal:
Not To Exceed Pricing And What It Includes
Fiscal Year 2026 – 2027 $ 50,000
Fiscal Year 2027 – 2028 $ 90,000
Fiscal Year 2028 – 2029 $ 90,000 3 Year Total
Fiscal Year 2029 – 2030 $100,000 $240,000
Fiscal Year 2030 – 2031 $100,000
This pricing takes into account all of the services detailed in the City of Palmdale’s RFP 27-001-3100 of which ATS has handled these services previously and for other local clients. Recently, the Planning department has determined that they are sufficiently experienced to handle cell site reviews. We stand ready to provide our input and have the bandwidth to perform the tasks.
Also, ATS has previously submitted all of the City’s properties with all of the existing wireless carriers. We were asked to not market City properties for Park locations which are the primary site for wireless carriers. We have also marketed DryTown, the City Yard
25 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
and City Hall. We will continue to do so and stand ready to include park sites and have the bandwidth to do so.
For these sites, our pricing considers the work specified for these tasks. Our actual billing could be less if these services or others are not needed. Last, the Policy and Procedure program could reduce the actual cost to the City for ATS’s services by a conservative amount of fifty percent (50%). ATS has implemented this process for many government agencies.
Policy and Procedures Development and Implementation
ATS has successfully created and implemented this process with many of our clients. The detailed document covers the specific protocols the wireless carriers and their subcontractors must adhere to while operating the wireless facilities on client property.
Most important, there is a fee schedule involved to recover most, if not all, of the costs associated with ATS’s services.
The cost to complete the draft Policy and Procedures is minimal now since most of the work has been completed; any additional cost will be covered in the Not To Exceed pricing of our Cost Proposal. On a very conservative cost savings to the City, the fees paid by the wireless carriers under this process would cover 50% to 60% of ATS’s proposed cost once implemented. This is based on current findings with more than ten agencies.
Hourly Cost Proposal for ATS Personnel:
Tony Ingegneri – Executive - $220/hr
Rick Paniagua – Program Technical Director - $140/hr
Adam Trainor – Project Manager - $125/hr
Megan Favreau – Financial Administrator - $120/hr
Jacob Christman – Logistics Manager - $105/hr
Jayne Clark – Contract Administrator - $105/hr
Sarah Ingegneri – Office Manager - $ 80/hr
ATS
Most of the work will be performed by Mr. Trainor with oversight and more technical aspects covered by Mr. Ingegneri and Mr. Paniagua. The remaining employees round out the services offering per their respective skill sets.
Technical Proposal Signature
This proposal submitted to the City of Palmdale by Telecom Partners Group Corp, dba ATS Communications on August 13, 2026 shall be in effect and valid for one hundred, twenty (120) days. Tony Ingegneri, as the President of the company, is authorized to bind the company in these types of matters per the company's Articles of Incorporation as approved by the Board Members upon incorporation. �{kJ\ c--: Tony Ingegnri; fresili7nt
Project Summary & Benefits of Program
26 • More than twenty- five years of experience performing the same services with over 30 local government agencies.
• Only represent government agencies, no conflict of interest working for the wireless carriers, site acquisition firms or third-party tower entities. • Reduced number of wireless antenna sites throughout the community through a pro-active approach to cell site co-location development. • Uniform guidelines for stealthing antennas.
• Better cellular service throughout the community.
• Key personnel have extensive legal, municipal and RF engineering experience working on wireless issues in Palmdale.
• Innovative concepts to incentivize wireless providers to use public property through a streamlined city process, web-based map and integrated database. • Long term familiarity with working with the City of Palmdale, strong understanding of the area and the City's policies.
4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
27 4195 Chino Hills Parkway #605,
Chino Hills, CA 91709
(949) 922-2859 * [email protected]
Indices Followed By Work Product Exhibits
THIS BUSINESS LICENSE DOES NOT PERMIT A BUSINESS
THAT IS OTHERWISE PROHIBITED.
Business Name
Business Location
Business Owner(s)
License Number
Effective Date
License Description
Expiration Date
CITY OF PALMDALE
BUSINESS LICENSE
4195 CHINO HILLS PKWY STE 605
CHINO HILLS, CA 91709-2618
SALES/SERVICE -
CORPORATION
ATTN: TONY INGEGNERI
ATS COMMUNICATIONS
4195 CHINO HILLS PKWY STE 605
CHINO HILLS, CA 91709-2618
For all inquiries regarding this license, contact HdL
Business Support Center at (661) 247-8384.
"For Services Provided in the City of Palmdale, California Only"
TELECOM PARTNERS GROUP CORP
ATS COMMUNICATIONS
April 01, 2026
March 31, 2027
11610531
ATS COMMUNICATIONS :
Thank you for your payment on your City of Palmdale Business License . ALL LICENSES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: [email protected] or by telephone at: (661) 247-8384.
Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license . A fee may be charged for a replacement or duplicate license .
This license does not entitle the holder to conduct business before complying with all requirements of the Palmdale Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law .
If you have a fixed place of business within the City of Palmdale please display the Business License above in a conspicuous place at the premises. Otherwise, every Business License holder not having a fixed place of business in the City shall keep the Business License upon his or her person, or affixed in plain view to any cart, vehicle, van or other movable structure or device at all times if required by the Collector .
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments. A full notice is available in English or other languages by going to : https://www.dca.ca.gov/publications/ Please visit the City of Palmdale website https://cityofpalmdale.org/620/Bid-Opportunities to register for bid opportunities to do business with the City.
City of Palmdale
BUSINESS LICENSE
BUSINESS LICENSING
8839 N CEDAR AVE #212
FRESNO, CA 93720-1832
Date of Issue: 04/01/2026
11610531License Number: ATTN: TONY INGEGNERI
ATS COMMUNICATIONS
4195 CHINO HILLS PKWY STE 605
CHINO HILLS, CA 91709-2618
TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE.
2026 - 2027
OSHAOSHAOSHAOSHAOSHA OUTREACH OUTREACH OUTREACH OUTREACH OUTREACH TRAININGTRAININGTRAININGTRAININGTRAINING <t<t<to
mom<tomp[pp<tomp[etion[[omp[etioneeetitiotioonnn <Certificate <Certificate <Certificate <Certificate <Certificate:::::
has successfully completed the following course:
David E. Couch Jr.
OSHA Authorized Trainer
Construction#: 20-0107970 General#: 20-0079854
As an OSHA Outreach trainer, I verify that I have conducted this OSHA Outreach training class in accordance with OSHA Outreach Training Program requirements.
I will document this class to my OSHA Authorizing Training Organization. Upon successful review of my documentation, I will provide each student their completion card within 90 days of the end of the class.
OSHA Authorized Provider:
Certificate #:
and is awarded 1.0 CEU credits
ADAM E TRAINOR
10-Hr OSHA Training for the Construction Industry
3/5/2024
06907115
Certificate of Com pletion
225 E Robinson St Suite 570
Orlando, FL 32801
Course Administrator
has successfully complete the following 3-Hour Course:
on
ADAM E TRAINOR
3/6/2024
Cal/OSHA Training: State Plan Lessons
OSHAOSHAOSHAOSHAOSHA OUTREACH OUTREACH OUTREACH OUTREACH OUTREACH TRAININGTRAININGTRAININGTRAININGTRAINING <t<t<to
mom<tomp[pp<tomp[etion[[omp[etioneeetitiotioonnn <Certificate <Certificate <Certificate <Certificate <Certificate:::::
has successfully completed the following course:
David E. Couch Jr.
OSHA Authorized Trainer
Construction#: 20-0107970 General#: 20-0079854
As an OSHA Outreach trainer, I verify that I have conducted this OSHA Outreach training class in accordance with OSHA Outreach Training Program requirements.
I will document this class to my OSHA Authorizing Training Organization. Upon successful review of my documentation, I will provide each student their completion card within 90 days of the end of the class.
OSHA Authorized Provider:
Certificate #:
and is awarded 1.0 CEU credits
JACOB S CHRISTMAN
10-Hr OSHA Training for the Construction Industry
5/28/2024
06928347
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
8/10/2026
License # 0757776(858) 373-690024082Telecom Partners Group Corp DBA ATS Communications4195 Chino Hills Pkwy, #605Chino Hills, CA 917092406615792 A 1,000,000XXBKS (26) 56 30 23 759/15/20259/15/2026500,00015,0001,000,0002,000,0002,000,000 4,000,000B ESA (26) 56 30 23 759/15/20259/15/20264,000,000A XXWS556855731/30/20261/30/20271,000,000Y 1,000,0001,000,000CProfessional Liab.MPL1029918.262/10/2026Ret: $25K/Each Claim1,000,000CProfessional Liab.MPL1029918.262/10/20262/10/2027Aggregate2,000,000RE: Agreement NO.A-5751.The City of Palmdale, the Successor Agency of the Community Redevelopment Agency of the City of Palmdale, Palmdale Civic Authority, Industrial Development Authority of the City of Palmdale Palmdale Airport Authority their officers, agents, employees and volunteers are Additional Insured with respects to the General Liability when required by written contract per the attached endorsement CG8810 04/13, Primary & Non - Contributory and Waiver of Subrogation included. Blanket Waiver of subrogation is also included in the Workers' Comp policy per attached endorsement form. 30-Day Notice of Cancelation is included in both the General Liability and Workers' Comp policies per attached forms.
City of Palmdale38300 Sierra HighwayPalmdale, CA 93550
TELEPAR-01ECHEN1
HUB International Insurance Services Inc.9855 Scranton RdSan Diego, CA 92121Ohio Security Insurance CompanyAmerican Fire and Casualty CompanyUnderwriters at Lloyd's London X2/10/2027
X XX
X X
59 164 of
56302375003023280
COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
2013 Liberty Mutual Insurance
CG 88 10 04 13 Page 1 of 8Includes copyrighted material of Insurance Services Office, Inc., with its permission.
INDEX
SUBJECT PAGE
NON-OWNED AIRCRAFT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6
WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
Insured Name: Telecom Partners Group Corp DBA ATS Communications Policy Number: BKS (26) 56 30 23 75
Policy Term: 9/15/2025 to 9/15/2026
60 164 of
2013 Liberty Mutual Insurance
CG 88 10 04 13 Page 2 of 8Includes copyrighted material of Insurance Services Office, Inc., with its permission.
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
A. NON-OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. It is not owned by any insured;
2. It is hired, chartered or loaned with a trained paid crew;
3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and
4. It is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision.
B. NON-OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY - ELEVATORS
1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance:
The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:
1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days.
Paragraphs
(1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance.
61 164 of
56302375003023280
2013 Liberty Mutual Insurance
CG 88 10 04 13 Page 3 of 8Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. The last paragraph of subsection 2. Exclusions is replaced by the following:
Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in
Section III - Limits Of Insurance.
2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to:
a. Any one premise:
(1) While rented to you; or
(2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract".
E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:
Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B
1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time
off from work.
G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or
62 164 of
2013 Liberty Mutual Insurance
CG 88 10 04 13 Page 4 of 8Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions:
(1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard".
(3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
With respect to Paragraph
1.a. above, a person’s or organization’s status as an additional insured under this endorsement ends when:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
With respect to Paragraph
1.b. above, a person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends.
With respects to Paragraph
1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.
The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage".
We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the
Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions.
63 164 of
56302375003023280
2013 Liberty Mutual Insurance
CG 88 10 04 13 Page 5 of 8Includes copyrighted material of Insurance Services Office, Inc., with its permission.
2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.
d. "Bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate
ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy.
3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns.
H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.
Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows:
a. The following is added to Paragraph a. Primary Insurance:
If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover.
64 164 of
2013 Liberty Mutual Insurance
CG 88 10 04 13 Page 6 of 8Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. The following is added to Paragraph b. Excess Insurance:
When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured.
Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies.
I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.
1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in
Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy.
J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph
(1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs
(1) (a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d) ) does not
apply.
Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee’s" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 65 164 of
56302375003023280
2013 Liberty Mutual Insurance
CG 88 10 04 13 Page 7 of 8Includes copyrighted material of Insurance Services Office, Inc., with its permission. advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances.
The coverage provided by provision
J. is excess over any other valid and collectable insurance available to your "employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who Is An Insured is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations:
Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional.
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee".
N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state.
O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:
3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease.
66 164 of
2013 Liberty Mutual Insurance
CG 88 10 04 13 Page 8 of 8Includes copyrighted material of Insurance Services Office, Inc., with its permission.
P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided:
1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment.
/0/1 /2 /3 /4 /2 /5 □ /7 /1 /8 /9 /4 /10 /5 /11 /12 /13 /1 /10 □ /11 /10 /14 □ /4 /8 /9 /15 /1 /16 /4 /2 /5 □ /15 /13 /11 /17 /13 /15 /13 /12 /16 □ /13 /10 /5 /18 /2 /11/10 /7 /4 □ /9 /1 /15 /13 /7 /16 /0/7 □ /19 /19 □ /20 /21 □ /22 /19 /23 /24 /25 /26 □ /28 /29 /30 /29 /31 /32
/0 /11 /13 /33 /4 /2 □ /1 /34 □ /1 /18 /2 □ /2 /13 /35 /36 /12 □ /12 /1 □ /2 /4 /7 /1 /33 /4 /2 □ /34 /2 /1 /8 □ /1 /12 /36 /4 /2 /5 □ /4 /10 /14 /1 /2 /5 /4 /8/4 /10 /12 /37 □ /7 /11 /15 /13 /34 /1 /2 /10 /13 /11
/38/39 □ /40 /41 /42 /39 □ /43 /40 /39 □ /44 /45 /46 /40 /43 □ /43 /47 □ /44 /39 /48 /47 /42 /39 /44 □ /47 /49 /44 □ /50 /41 /51 /52 /39 /53 /43 /54 □ /55 /44 /47 /52 □ /41 /53 /51 /47/53 /39 □ /56 /45 /41 /57 /56 /39 □ /55 /47 /44 □ /41 /53 □ /45 /53 /58 /49 /44 /51 □ /48 /47 /42 /39 /44 /39 /25 □ /57 /51 □ /43 /40 /45 /54 □ /50 /47 /56 /45 /48 /51 /26 □ /38/39 □/59 /45 /56 /56 □ /53 /47 /43 /39 /53 /55 /47 /44 /48 /39 □ /47 /49 /44 □ /44 /45 /46 /40 /43 □ /41 /46 /41 /45 /53 /54 /43 □ /43 /40 /39 □ /50 /39 /44 /54 /47 /53 □ /47 /44 □ /47 /44 /46 /41 /53 /45 /60 /41 /43 /45 /47/53 □ /53 /41 /52 /39 /25 □ /45 /53 □ /43 /40 /39 □ /61 /48 /40 /39 /25 /49 /56 /39 /26 □ /23 /62 /40 /45 /54 □ /41 /46 /44 /39 /39 /52 /39 /53 /43 □ /41 /50 /50 /56 /45 /39 /54 □ /47 /53/56 /51 □ /43 /47 /43 /40 /39 □ /39 /63 /43 /39 /53 /43 □ /43 /40 /41 /43 □ /51 /47 /49 □ /50 /39 /44 /55 /47 /44 /52 □ /59 /47 /44 /64 □ /49 /53 /25 /39 /44 □ /41 □ /59 /44 /45 /43 /43 /39 /53 □ /48 /47/53 /43 /44 /41 /48 /43 □ /43 /40 /41 /43 □ /44 /39 /65 /49 /45 /44 /39 /54 □ /51 /47 /49 □ /43 /47 □ /47 /57 /43 /41 /45 /53 □ /43 /40 /45 /54 □ /41 /46 /44 /39 /39 /52 /39 /53 /43 □ /55/44 /47 /52 □ /49 /54 /26 /32 /66 /47 /49 □ /52 /49 /54 /43 □ /52 /41 /45 /53 /43 /41 /45 /53 □ /50 /41 /51 /44 /47 /56 /56 □ /44 /39 /48 /47 /44 /25 /54 □ /41 /48 /48 /49 /44 /41 /43 /39 /56 /51 □ /54 /39 /46 /44 /39 /46/41 /43 /45 /53 /46 □ /43 /40 /39 □ /44 /39 /52 /49 /53 /39 /44 /41 /43 /45 /47 /53 □ /47 /55 □ /51 /47 /49 /44 □ /39 /52 /50 /56 /47 /51 /39 /39 /54 □ /59 /40 /45 /56 /39 □ /39 /53 /46 /41/46 /39 /25 /45 /53 □ /43 /40 /39 □ /59 /47 /44 /64 □ /25 /39 /54 /48 /44 /45 /57 /39 /25 □ /45 /53 □ /43 /40 /39 □ /61 /48 /40 /39 /25 /49 /56 /39 /26 /62 /40 /39 □ /41 /25 /25 /45 /43 /45 /47 /53 /41 /56 □ /50 /44 /39 /52 /45 /49 /52 □ /55 /47 /44 □ /43 /40 /45 /54 □ /39 /53 /25 /47 /44 /54 /39 /52 /39 /53 /43 □ /45 /54 □ /67 □ /68 /69/28 /26 /5 /70 /71 /72 /73 /74 /75 /72
/9 /72 /76 /77 /78 /79 □ /78 /76 □ /1 /76 /80 /81 /79 /82 /83 /81 /84 /82 /78 /79 /38/40 /39 /44 /39 □ /44 /39 /65 /49 /45 /44 /39 /25 □ /57 /51 □ /48 /47 /53 /43 /44 /41 /48 /43 □ /47 /44 □ /59 /44 /45 /43 /43 /39 /53 □ /41 /46 /44 /39 /39 /52 /39 /53 /43 □ /50 /44 /45/47 /44 □ /43 /47 □ /56 /47 /54 /54 □ /41 /53 /25 □ /41 /56 /56 /47 /59 /39 /25 □ /57 /51 □ /56 /41 /59 /26 /85 /78 /86 □ /14 /72 /77 /70 /76 /82 /87 /84 /82 /78 /79 /62 /40 /45 /54 □ /39 /53 /25 /47 /44 /54 /39 /52 /39 /53 /43 □ /48 /40 /41 /53 /46 /39 /54 □ /43 /40 /39 □ /50 /47 /56 /45 /48 /51 □ /43 /47 □ /59 /40 /45 /48 /40 □ /45 /43 □ /45 /54 □/41 /43 /43 /41 /48 /40 /39 /25 □ /41 /53 /25 □ /45 /54 □ /39 /55 /55 /39 /48 /43 /45 /42 /39 □ /47 /53 □ /43 /40 /39 □ /25 /41 /43 /39 □ /45 /54 /54 /49 /39 /25 □ /49 /53 /56 /39 /54 /54□ /47 /43 /40 /39 /44 /59 /45 /54 /39 □ /54 /43 /41 /43 /39 /25 /26
/88 /12 /71 /72 □ /82 /79 /89 /78 /76 /90 /81 /84 /82 /78 /79 □ /86 /72 /75 /78 /91 □ /82 /77 □ /76 /72 /92 /74 /82 /76 /72 /73 □ /78 /79 /75 /93 □ /91 /71 /72 /79 □ /84 /71 /82 /77 □ /72/79 /73 /78 /76 /77 /72 /90 /72 /79 /84 □ /82 /77 □ /82 /77 /77 /74 /72 /73 □ /77 /74 /86 /77 /72 /92 /74 /72 /79 /84 □ /84 /78 □ /87 /76 /72 /87 /81 /76 /81 /84 /82 /78 /79 □ /78 /89 □ /84 /71 /72 □ /87 /78 /75 /82 /70 /93 /94 /95
/96 /54 /54 /49 /39 /25 □ /57 /51 □ □ □ /97 /40 /45 /47 □ /61 /39 /48 /49 /44 /45 /43 /51 □ /96 /53 /54 /49 /44 /41 /53 /48 /39 □ /98 /47 /52 /50 /41 /53 /51 □ /29 /99 /68 /99 /29 /100 /47 /44 □ /41 /43 /43 /41 /48 /40 /52 /39 /53 /43 □ /43 /47 □ /101 /47 /56 /45 /48 /51 □ /102 /47 /26 □ □ □ □ /103 /38/61 □ /23 /68 /104 /32 □ /69 /69 □ /105 /106 □ /69 /69 □ /104/31 /24 /55 /55 /39 /48 /43 /45 /42 /39 □ /107 /41 /43 /39 □ □ □ □ /28 /29 /108 /31 /28 /108 /68 /28 /68 /105 /101 /44 /39 /52 /45 /49 /52 □ □ □ □ /96 /54 /54 /49 /39 /25 □ /43 /47 □ □ □ □ /62 /24 /109 /24 /98 /97 /110 □ /101 /111 /112 /62 /102 /24 /112 /61 □ /113 /112 /97 /114 /101 □ /98 /97 /112 /101 /107 /115 /111 □ /111 /62 /61 □ /98 /97 /110 /110 /114 /102 /96 /98 /111 /62 /96 /97 /102 /61 /0/7 □ /19 /19 □ /20 /21 □ /22 /19
/23 /24 /25 /26 □ /28 /29 /30 /29 /31 /32
/116 □ □ /68 /28 /29 /31 □ /109 /45 /57 /39 /44 /43 /51 □ /110 /49 /43 /49 /41 /56 □ /96 /53 /54 /49 /44 /41 /53 /48 /39 /96 /53 /48 /56 /49 /25 /39 /54 □ /48 /47 /50 /51 /44 /45 /46 /40 /43 /39 /25 □ /52 /41 /43 /39 /44 /45 /41 /56 □ /47 /55 □ /38/98 /96 /112 /115 /117 □ /59 /45 /43 /40 □ /45 /43 /54 □ /50 /39/44 /52 /45 /54 /54 /45 /47 /53 /26 /118 /119 /120 /118 /121 /120 /119 /122 /119 /123 /124 /125/126 □ /128 /119 /129 /130 □ /123 /123 □ /121 /131 □ /123 /123 □ /129 /132 /133 /134 /135 /136 □ /138 /139 □ /140 /141 □ /138 /142
Version III
City of Palmdale
Wireless Master Plan Study
Produced by:
January 2011
Table of Contents
Executive Summary ………………………………………………………………………….1
Wireless Master Plan Introduction ……………………………………………………..3 • Goals
• Methodology
• Findings
Wireless Networks and Cell Sites ……………………………………………………….5 • Background
• Selection Process
• Selection Criteria
Radio Frequency Engineering Analysis…………………………………………………8 • Engineering Methodologies
• Maps
Inventory of City-Owned Property ……………………………………………………13 Existing Wireless Infrastructure ……………………………………………………….24 • AT&T
• Nextel
• SprintPCS
• T-Mobile
• Verizon Wireless
• MetroPCS
Implementation ……………………………………………………………………………..49
• Approval Process
• Site Development Process
• Proposed Draft Lease Agreement
Financial…………………………………………………………………………………………63
• Rewards
• Risks
• Monetization
Design Standards …………………………………………………………………………..64
• General Cell Site Designs
• Proposed Design Standards
• Proposed Designs on City Property
Wireless Communications Background ……………………………………………..72 Regulatory Issues …………………………………………………………………………..76
• Federal
• State
• Local
• Radio Frequency Emissions
Appendix “A” ………………………………………………………………………………… 79
• Detail of Existing Wireless Sites
City of Palmdale
Wireless Master Plan Study Executive Summary
1 Executive Summary
Over the last several years, three major factors have impacted the wireless landscape:
1) More people use cellular phones as their primary means of communication; 2) Cell phone usage is increasing as the price declines; and 3) New services and capabilities, requiring greater bandwidths, are exhausting current cell site (wireless network infrastructure) capacities.
Cities have the opportunity, right, and obligation to be a part of the solution to this growing dilemma.
There are concerns with the deployment of new towers, which are occurring in residential areas where additional bandwidth is needed due to h igh usage. Previously, antennas were placed on commercial properties, existing towers, and non -residential areas. B ut current network objectives are met for these areas a nd carriers are looking for where demand is growing fastest, at home.
Due to the Telecommunications Act of 1996 and State law, carriers have the authority to place sites in the public ri ght of way without public approval at the local jurisdictional level . This creates tension between carriers and cities due to the fact that local ordinances , zoning, and planning objectives can be bypassed. The Wireless Master Plan is the process created by ATS Communications to rationalize the placement of new sites to balance the needs of the City with that of the carrier.
In 2002, ATS Communications (ATS) recognized the growing need for reliable, efficient wireless planning. Wireless planning, which involves collecting accurate data to create information, has been rationalized by ATS and assembled in the Wireless Master Plan (WMP). The WMP is a working document created by ATS in order to provide information to manage the growth and evolution of wireless communications infrastructure within cities.
The goal of the WMP can be summated in one sentence; to facilitate future network expansion while maximizing City revenue and decreasing blight. Before this goal can be achieved, the information that comprises the WMP must be collected and analyzed.
The process begins by completing an inventory of all existing cell sites on both public and private property in the City. In the field, while conducting the inventory, the longitude and latitude, the build, and the carrier of each site is determined. This information is used to conduct a radio frequency analysis in order to find the potential need for future sites . The geo- coded location of future sites are cross referenced with the location of City properties, and the potential future sites are identified. This study identified 7 potential cell site locations with six different carriers.
The carriers that are current ly in the marketplace are Verizon Wireless, AT&T Wireless, T - Mobile, Metro PCS, Sprint, and Nextel. Each carrier has their own network deployed in the field, but some companies are running on different bandwidth frequency. There is more information in the pages that follow regarding the methodologies of the radio frequency engineering analysis, the individual wireless carriers, and their coverage.
City of Palmdale
Wireless Master Plan Study Executive Summary
2 The radio frequency analysis produces maps that show each individual carrier’s coverage in the City. The maps included in the WMP can be compared to show the existing coverage and the future coverage. The future coverage is determined by overlaying the existing coverage with the coverage of the proposed sites. There are also maps that show the location of each carrier’s sites amongst the other existing sites.
For each site identified there is additional due diligence that must take place to deter mine if the location is a viable candid ate. Both the w ireless carriers and the City have determining factors that contribute to this conclusion. For example, zoning, soil condition, cost of rent, etc.
Once the site is determine d viable the carrier goes through a site development process, which includes soil testing, drawings and photo simulations, approvals and permits, and executing the lease.
The WMP incorporates the design standards recommended for the City’ s approval. The design standards review the general types of cell sites antennas and equipment enclosures. Each antenna has recommended locations for usage and design specifications. For example, with a mono-palm there are specifics regarding the color of the fronds and the bark cladding, the concealment of the antenna and cables, and the height of the tower, which will make it possible for co-location.
Also included in the WMP is background information regarding the evolution of the Telecommunications Industry and its regulations at different levels of government.
City of Palmdale
Wireless Master Plan Study Wireless Master Plan Introduction
3 Wireless Master Plan Introduction
Goals
The goals and objectives for the City’s wireless facilities deployment are:
1) Facilitate future network development through a proactive approach; implementing the WMP;
2) Mitigate the visual impact of towers and antennas by employing “stealth” technology into design standards;
3) Reduce the number of cell sites through a coordinated co-location process; and 4) Maximize the economic benefit to the City
This process will reduce the time expended by both the city and the wireless carriers in the application and site development process. Pre -approved locations and designs on city -owned property create incentives for the wireless companies to enhance their networks , while the city benefits with an additional revenue stream . Thus, both the city and the carrier will experience greater efficiency throughout the wireless network enhancement programs.
Methodology
Detailed information about each existing wireless site is collected and field verified to determine current wireless network infrastructure. A TS identifi es each major wireless carrier’s present locations and the corresponding signal coverage. This information is analyzed, using radio frequency engineering signal propagation and coverage prediction modeling software, to generate existing coverage maps for each of the major carrier ’s networks. The city’s population densities, traffic patterns and physical terrain are taken into account during the analysis. The compilation of this information enables ATS to view each carrier’s ex isting coverage or “footprint” and predict the locations for future sites.
Each existing city sites is considered as a candidate for future co -location, which is placing multiple carriers at one site. Design recommendations, height requirements and other considerations will be discussed for each future location. This process minimizes the time required by staff to handle cell site applications and review development design proposals. The site-specific design standards will be acceptable to the City, while meeting the wireless carriers’ needs. The carrier, the city, and ATS work together negotiating and executing the leases and entitlements.
City of Palmdale
Wireless Master Plan Study Wireless Master Plan Introduction
4 Findings
The following chart shows the 7 city-owned properties that could meet the needs of various wireless service providers.
Site ID Lat Long Site Address # of Carriers
PMD-026 34.645395 -118.120074 M-12 & 10th Street E 3
PMD-028 34.587726 -118.135105 Avenue Q & Carriage Way 2 PMD-031 34.584947 -118.120796 Avenue Q-2 & 5th Street E 1 PMD-151 34.568996 -118.075805 30th Street E & Avenue R-4 1 PMD-238 34.546109 -118.069833 33rd Street E & Conestoga Canyon Road 1 PMD-264 34.63453 -118.151361 12th Street W & Avenue M-14 1 PMD-295 34.560291 -118.008454 N of Avenue S, East of 70th Street E 6
While the entire inventory of city -owned property was considered, 36 cell sites curre ntly exist on public and private property throughout the city. Depending on the location and design of the existing sites, the placement of a site on city- owned property in close proximity to an existing site may be unnecessary.
While this study aims to identify new cell site locations for future wireless sites on city-owned property, it does not preclude wireless carriers from targeting private property sites for network deployment. In developing the Wireless Master Plan, sites were only identified if the analysis showed the carriers needed location falling directly on a City property. If a future site did not fall directly on a City property, it is up to the carrier to determi ne if the adjacent City property might be a more suitable candidate for their needs. Therefore, ATS does show in the WMP all of the City’s properties for this situation.
City of Palmdale
Wireless Master Plan Study Wireless Networks and Cell Sites
5 Wireless Networks and Cell Sites
Cellular and Personal Communications Systems (PCS), which are commonly referred to as “cell phones,” are integral to our daily lives. As consumers become more reliant on these devices, the need for additional antennas, or “cell sites”, to support the se customers also increases. The Cellular Telecommunication Industry Association (CTIA) reports that when they began their semi-annual survey of the industry in June 1985, there were an estimated 203,600 domestic cellular subscribers. By 2007, that number grew to over 250,000,000 customers. Currently, the corresponding wireless infrastructure that services over 250 million subscribers is estimated at approximately 330,000 cell sites.
The Federal Communications Commission (FCC) has issued, through public auction, a limited number of licensed frequencies to wireless services providers, such as Verizon Wireless, T - Mobile, Sprint/Nextel, AT&T Mobility (a.k.a. Cingular and Cricket carriers) among others. For the carriers to receive these frequency licenses, the FCC mandates that they must provide seamless coverage throughout the licensed market area assigned for those frequencies.
In order to fully understand cellular service, an explanation of “cellular” and “cell site” concepts is necessary. In the first years of mobile wireless communications, carriers needed to provide subscriber coverage. To do so effectively , they limited their frequencies. Frequency spectrum reuse is accomplished by allocating a set number of frequencies to e ach wireless communications facility. (These frequencies are represented as hexagonal “cells” [shown below], which represent geographical areas). Each cell utilizes a different frequency set than its neighboring cells. However, the next cell over (the adjacent shaded cell) can reuse the same frequencies as the original (shaded) cell. This pattern repeats throughout the geographical market area, creating a wireless communications network of cells, which are called “cell sites.” Hence, because of this cell network, the term “cellular” communications is appropriate.
Wireless communications networks develop using two underlying objectives that govern cell site placement: to provide coverage and to provide capacity. Together, these two objectives contribute to a network’s overall customer Quality of Service.
The first and main objective is to provide coverage throughout the carrier’s licensed market area. This is accomplished by locating new cell sites in areas where existing coverage is either unavailable or unreliable. These locations can be on the market area’s periphery (where new population growth occurs), in newly -licensed markets (in which the carrier has no existing network infrastructure) or within an existing network (in which technical issues, such as topographical constraints, cause service interruptions or gaps). These gaps, or areas known as “holes,” cause dropped calls.
City of Palmdale
Wireless Master Plan Study Wireless Networks and Cell Sites
6 The other objective, network capacity, critically affects a wireless network’s viability . Capacity is driven by demand and a cell site can only handle a finite number of calls to meet this demand.
As more customers use the network, greater demands are placed upon this limited frequency capacity, or bandwidth, of the cell site. When a cell site’s bandwidth reaches its maximum capacity, customer call blocking and dropped calls result. Ultimately, maximization of bandwidth causes poor Quality of Servic e. A carrier attempts to minimize or eliminate insufficient capacity issues by dividing a cell; in other words, it introduces a ne w cell site between existing cells to off-load customer call volume.
Site Selection
All wireless carriers constantly seek to improve their Qualit y of Service by enhancing their wireless network infrastructures . This process begins when Radio Frequency (RF) engineers collect data on network performance . RF engineers pinpoint the networks’ coverage problem areas by reviewing the recorded number of dropped calls or missed calls over the networks.
The RF engineering team visits the areas of concern to deter mine the best technical locations for new cell sites. Then, the RF engineer issues a “search rings” or map of the general areas where new cell sites are needed. Typically, focal areas have less than one -quarter mile radii, but they may be even smaller, depending on environmental constraints such as terrain, vegetation and buildings.
The next step in the process is performed by a Site Acquisition Specialist. The Site Acquisition Specialist uses an RF engineer’s search map to identify the general locations of suitable properties that are cell site development candidates . However, the criteria employed at this stage often contradict the RF engineer’s desired criteria. The site acquisition criteria for a geographically suitable property must be “leasable,” “zonable” and “buildable,” but it still must be viable from an RF engineering perspective. Hence, the carrier and the landowner must agree on business terms, the site must possess a reasonable likelihood of obtaining all necessary entitlements (permits), the s ite must be constructed within a reasonable budget and meet RF engineering objectives.
Higher elevation properties prove to be the best cell site locations because they allow clear lines-of-sight for radio -transmitted signals. Yet, this fact presents a siting dilemma since, in many instances – and especially in established communities – the desired locations (to provide the best radio coverage) lie within residential areas. Carriers typically select commercial property cell site options to avoid or minimiz e controversial zoning and land use issues.
However, as network infrastructure continues to expand, viable options for cell site s become increasingly limited. This trend has forced carriers to seek sites within residential areas, school properties, parks and the city’s other public rights-of-way.
Siting issues compound as the wireless service providers compete for both customers and suitable new cell site locations. The onus rests on local governments to manage and coordinate cell site proliferation thr oughout their communities . Local control and coordination are necessary because independent wireless services companies do not generally benefit from collaboration. In fact, an industry effort to coordinate network facility co- location is contrary to the spirit of business competition and raise concerns over collusion, monopoly and other regulatory issues.
City of Palmdale
Wireless Master Plan Study Wireless Networks and Cell Sites
7 It is apparent that a process that coordinates and manages cell site growth is necessary and prudent for future wireless network infrastructures in any well-planned community. Therefore, the creation of a Wireless Master Plan provides a means to facilitate wireless network growth that meets both wireless companies’ and subscribers’ needs.
Selection Criteria
Managing or coordinating future cell site development requires the City to adopt certain cell site design standards. Each property possesses distinct characteristics that require unique cell site development approaches. A carrier must consider the following cell site selection criteria:
• Topography
• Coverage area
• Tower design or type
• Antenna height
• Antenna array or antenna selection
• Antenna orientation
• Cable run (distance from the base station equipment to the antennas) • Surrounding vegetation and/or structures
• Proximity to electrical power and telephone services
• Access to the public right-of-way
• Equipment and tower space limitations
• Soil composition
• Site development costs
• Rent
Simultaneously, a local government considers the following cell site selection criteria:
• Site location
• Tower design or type
• Structure height
• Area zoning (residential, open space, commercial, industrial or institutional) • Screening and integration
• View impact
• Landscaping
• Access
• Co-location
These two set of criteria sometimes present conflicting objectives. Wireless service providers seek sites that maximize coverage area at minimum cost. These goals, from the carriers’ perspectives, correspond to building towers high enough to overcome topographical limitations and possible vegetation or structural interference, while also includin g space for a full array of antennas (typically 12 antennas divided into three arrays, or “sectors,” and a microwave dish).
Furthermore, the carriers seek locations possessing close proximities to power, telephone and street access, adequate space for equipment shelters and generator space. The preceding criteria foster basic cell tower sites that are not aesthetically attractive, and would not be welcome in residential settings.
City of Palmdale
Wireless Master Plan Study Radio Frequency Analysis
8 Radio Frequency Engineering Methodologies
The following assumptions and data were used in modeling and calculating the existing carrier coverage:
1. Antenna heights were estimated from site observations.
2. Field verified latitudes and longitudes.
3. Three sectors were modeled for each site. Antenna orientations were set to 0,120 and 240 degrees.
4. For PCS sites (1960MHz), a 15.1 dbd 65degree bandwidth antenna was used. For cellular sites (850MHz), a 14.5 dbd 65 degree beamwidth antenna was used. No electrical or mechanical downtilt was used.
5. 30 meter (1 arc-sec) terrain data was used for propagation predictions.
6. Okamura “Quasi-open” models with nominal clutter losses were used to predict coverage. No drive data was taken in the area for the purpose of model calibration.
7. Signal strength levels shown are representative of street level coverage assuming a person with a receiving antenna (cell phone) 6 ft. above the local terrain. The signal level thresholds therefore can be described as follows:
- Red: Greater than -65 dbm –“In-Buiding” coverage to large/medium size buildings
- Yellow: -65 dbm to -75 dbm – “In-Building” coverage to smaller buildings
- Green: -75 dbm to -85 dbm – “In- Car” coverage
- Light Blue: -85 dbm to -95 dbm –“Outdoor” coverage
- Dark Blue: -95 to -105 dbm –“Marginal” Coverage
8. Power levels were set to 3W to simulate .15% of total power from a 20W PA (Nominal pilot power).
9. Losses from cables, connectors, duplexers, combiners etc. were set to 2.5 db.
Propagations were produced for each of the carriers’ on -air site as part of an initial comprehensive cursory analysis. The aim of this study is to not only determine the highest probability of reliable coverage for each network, but to determine in conjunction with this study how those carriers may be focusing on in both the short and long term as part of a growth strategy. Since actual RF engineered settings from each carrier were not entered and reproduced, the methods used here are generalized for common predictions and used for overall systems with relaxed modeling. Sectorization, directional antennas, down tilts and power were not directly estimated in the modeling per actual carrier settings, this output represents a “perfect” antenna of equal signal gain of 10 dB as writ ten above for this estimation. Growth strategies because of this method of propagation should however, still reflect the probability of areas where carriers could need to add additional sites to improve their overall footprint coverage and/or address capacity issues. This does not confirm areas that are shown to have coverage that may not be in real life and vice versa.
City of Palmdale
Wireless Master Plan Study Radio Frequency Analysis
9 Traffic Map, used to consider traffic counts and flow:
City of Palmdale
Wireless Master Plan Study Radio Frequency Analysis
10 Three-dimensional terrain map used for all carriers:
City of Palmdale
Wireless Master Plan Study Radio Frequency Analysis
11 Population map used for all carriers’ capacity evaluations:
City of Palmdale
Wireless Master Plan Study Radio Frequency Analysis
12 Land type map to evaluate land usage for capacity and coverage:
City of Palmdale
Wireless Master Plan Study Inventory of City Property
13 Inventory of City Property
The following table lists all city-owned properties . All properties are initially evaluated as possible wireless facility location candidates. However, parcels are removed from consideration if they exhibit development limitations and cannot be considered viable sites to place support structures for wireless antennas and accompanying telecommunications equipment.
City properties that are within a quarter -mile of identified coverage gaps are typically proposed as properties to target for development. But this does not prohibited carriers from targeting adjacent private properties that better accommodate coverage needs, leasing terms, or build area.
Site ID Site Address Lat Long
PMD-001 827 E. Avenue Q-9 34.578743 -118.116045
PMD-002 38260 10th St E 34.577174 -118.111810
PMD-003 39110 3rd Street East 34.592856 -118.124690
PMD-004 Palmdale cemetery, NEC Ave S & 20th St E 34.559311 -118.091126 PMD-005 The Groves 34.569535 -118.172932
PMD-006 Bolz Ranch Rd & town center Dr 34.615638 -118.194926 PMD-007 39700 30th St W 34.603274 -118.178852
PMD-008 Warnack Park 34.613097 -118.223431
PMD-009 Tierra Subida & Rayburn Rd 34.567823 -118.136859 PMD-010 5th St W & Mesa Verde 34.577178 -118.137447
PMD-011 E. of UPRR between Ave Q and Palmdale Blvd 34.582492 -118.117380 PMD-012 815 E Avenue Q-6 34.582345 -118.114836
PMD-013 West side of Sierra Highway between Palmdale
Blvd and Ave R 34.577852 -118.116597
PMD-014 38315 9th St E 34.578100 -118.114839
PMD-015 38226 10th St E 34.576298 -118.110602
PMD-016 1002 E Avenue Q-11 34.575486 -118.111437
PMD-017 38115 30th St E 34.573732 -118.078003
PMD-018 37716 55th St E 34.570196 -118.030103
PMD-019 Ave S & Hillcrest Drive 34.556749 -118.039011
PMD-020 3850 East Avenue S 34.557665 -118.062778
PMD-021 Fairfield & Via Del Rio 34.552147 -118.073534
PMD-022 25th St E & Barrel Springs Rd 34.539153 -118.083957 PMD-023 Sierra Highway & Barrel Springs Rd 34.542498 -118.103912 City of Palmdale
Wireless Master Plan Study Inventory of City Property
14 Site ID Site Address Lat Long
PMD-024 Greenbrier St & Parkwood Dr 34.563943 -118.178489 PMD-025 38500 Sierra Highway 34.581777 -118.116430
PMD-026 M-12 & 10th St E 34.645395 -118.120074
PMD-027 5th St W & Auto Center Drive 34.590152 -118.138831 PMD-028 Avenue Q & Carriage Way 34.587726 -118.135105
PMD-029 Carriage Way north of Avenue Q 34.589340 -118.135135 PMD-030 Carriage Way between Ave Q & Auto Center
Drive 34.589713 -118.136743
PMD-031 Ave Q-2 & 5th St E 34.584947 -118.120796
PMD-032 Ave Q-4 & 5th St E 34.583296 -118.120752
PMD-033 Between Sierra Highway & 8th St E, north of
Avenue Q-7 34.580960 -118.116450
PMD-034 8th St E & Avenue Q-6 34.581262 -118.115666
PMD-035 Ave Q-7 & Sierra Highway 34.580494 -118.116420
PMD-036 9th St E & Ave Q-4 34.582920 -118.114021
PMD-037 819 E Ave Q-9 34.578811 -118.115113
PMD-038 Ave Q-11 between 9th & 10th St E 34.576104 -118.113055 PMD-039 Ave Q-12 between 9th & 10th St E 34.575503 -118.112595 PMD-040 9th St E north of Ave Q-12 34.575698 -118.113790 PMD-041 10th St E & Ave Q-10 34.577243 -118.112279
PMD-042 Ave Q-11 west of 10th St E 34.577000 -118.113593 PMD-043 SEC Ave M & 10th St W 34.641541 -118.142961
PMD-044 39000 Clock Tower Plaza Drive 34.591213 -118.121728 PMD-045 40701 Rancho Vista Blvd 34.620427 -118.217631
PMD-046 5200 Entrar Drive 34.622101 -118.225221
PMD-047 Between Ave Q-11 & Q-12, 9th St E to 10th St E 34.575477 -118.112325 PMD-048 Between Ave Q-9 & Q-10, 9th St e to 10th St E 34.576152 -118.113456 PMD-049 Ave R & 27th St E 34.572744 -118.081037
PMD-050 1030 East Ave S 34.556213 -118.109830
PMD-051 Alamosa Ave & 5th St W 34.573594 -118.138616
PMD-052 Sand Brook Dr & Ave R-12 34.561553 -118.083459
PMD-053 Ave R & 11th St E 34.572814 -118.109624
PMD-054 Ave R-8 & Ribbon St 34.565312 -118.017571
PMD-055 Ave R-8 & 65th St E 34.565182 -118.013927
PMD-056 N-S easement between SR14 and Ave O-8
behind Sam’s club 34.606439 -118.143491
PMD-057 N. of Sheffield Drive, w of Lasker 34.562477 -118.106108 City of Palmdale
Wireless Master Plan Study Inventory of City Property
15 Site ID Site Address Lat Long
PMD-058 W of Godde Hill Rd @ extension of Ave N-8 34.622735 -118.234477 PMD-059 NEC Rancho Vista Blvd & 22nd St W 34.603041 -118.169358 PMD-060 NWC rancho Vista Blvd & Peonza Ln 34.617612 -118.210534 PMD-061 SWC corner Towncenter Drive & Heathrow Dr 34.615756 -118.192068 PMD-062 Palmetto Drive & Fullham Ct 34.616042 -118.188792 PMD-063 NWC Vicker Way & Ave O-8 34.609413 -118.187700
PMD-064 Between Nido Ct & Ca Aqueduct 34.614512 -118.215978 PMD-065 Capian Dr & Guita Dt 34.608822 -118.186847
PMD-066 30th St W s of Tesoro Ln 34.603984 -118.183842
PMD-067 Between Brisa Dr & Sungate Dr 34.616241 -118.207443 PMD-068 Hyatt Way & Jacinto Ln 34.612635 -118.210436
PMD-069 50th W s of Greencrest Way 34.626733 -118.218044 PMD-070 Rimfield Drive & Indigo Way 34.630457 -118.212487 PMD-071 Rimfield Drive & Greencrest Way 34.628061 -118.216388 PMD-072 30th St W & Towncenter drive 34.615923 -118.184012 PMD-073 Fairgreen lane & Pebble Way 34.619891 -118.188907 PMD-074 45th St W & Ave N-4 34.626896 -118.210431
PMD-075 Bolz Ranch & Homeridge 34.617479 -118.198208
PMD-076 Rancho Vista Blvd & Ave N-8 34.623249 -118.219603 PMD-077 55th St W & Avienda Entrada 34.627379 -118.228088 PMD-078 Rancho Vista Blvd E of Greencrest 34.628587 -118.219488 PMD-079 55th St W & Bobbie Ave 34.622828 -118.227757
PMD-080 Sungate Drive n. of Resort Way 34.615353 -118.204909 PMD-081 45th St W & Ave N-2 34.628802 -118.210324
PMD-082 Sungate Drive s. of Meadowcrest Way 34.608777 -118.193944 PMD-083 Tournament Drive w. of Englewood St 34.622875 -118.200581 PMD-084 Las Brisas Terr & Las Piedras Ter 34.625256 -118.225638 PMD-085 Brookdale Rd & Kensington Way 34.593140 -118.159254 PMD-086 Ave P & 11th St W 34.601452 -118.150609
PMD-087 Windsor Pl & Gainsborough Dr 34.601467 -118.153192 PMD-088 Sandstone Ct & 22nd St E 34.601148 -118.170471
PMD-089 Cottontail St & Clearwater Ave 34.598988 -118.168116 PMD-090 Emerald Ct s. of Becon Ln 34.599714 -118.192637 PMD-091 30th St W & Twincreek Ave 34.600192 -118.183473 PMD-092 30th St W & Rancho Vista Blvd 34.601455 -118.183509 City of Palmdale
Wireless Master Plan Study Inventory of City Property
16 Site ID Site Address Lat Long
PMD-093 30th St W & Paxton Ave 34.598736 -118.183315
PMD-094 Beacon Way & Devon Ln 34.597826 -118.189107
PMD-095 30th St W & Regency Way 34.596544 -118.183309
PMD-096 Rancho Vista Bvd & Summerwind Dr 34.601356 -118.156877 PMD-097 Victoria St & Windmere Ct 34.598157 -118.160769 PMD-098 30th St W & Rancho Vista Blvd 34.601491 -118.182609 PMD-099 Sandstone Ct & Bluegrass Way 34.601455 -118.176395 PMD-100 Rancho Vista Blvd & Dunbar St 34.601516 -118.161162 PMD-101 Ave P-4 & Dunbar St 34.597771 -118.161099
PMD-102 Gemstone Ave & Bluffstone Way 34.599780 -118.174676 PMD-103 Sycamore Lane & Daylily Place 34.600727 -118.173836 PMD-104 25th St West & Ave P-6 34.595963 -118.173864
PMD-105 25th St West & Ave P-12 34.589870 -118.174491
PMD-106 Ave P-8 & Hubbard St 34.594101 -118.182143
PMD-107 Ave P-12 & Christ St 34.590543 -118.179167
PMD-108 Elizabeth Lake rd e. and w. of 25th Street West 34.586076 -118.171753 PMD-109 Elizabeth Lake rd e. and w. of 25th Street West 34.586139 -118.179787 PMD-110 Summerwind Dr & Ave P-6 34.595636 -118.157183
PMD-111 Desert Rose St & Evening Star St 34.599693 -118.171256 PMD-112 Bobcat Ct & Sagetree St 34.583223 -118.150329
PMD-113 Elizabeth Lake Road & 15th St W 34.586812 -118.156576 PMD-114 San Mateo St & Morningside Terr 34.575406 -118.134083 PMD-115 Safari Ct & Mesquite Rd 34.584219 -118.154318
PMD-116 15th St W & Cheeta Way 34.582910 -118.156029
PMD-117 Amberwood Dr & Amberidge Way 34.586713 -118.164687 PMD-118 Amberidge Way & Highmeadow Dr 34.586755 -118.161188 PMD-119 Vandal Way & Wakefield Pl 34.581467 -118.143370 PMD-120 Elizabeth Lake Road & Panther Dr 34.586750 -118.160477 PMD-121 Sierra Highway & Ave O 34.617269 -118.126590
PMD-122 S. of Ave P-4, e. of SR 14 34.597618 -118.135979 PMD-123 Between Ave P-12 and Ave Q, e. of SR 14 34.589443 -118.133337 PMD-124 Mountainside Drive W. of Barbara Lane 34.566473 -118.132387 PMD-125 Ivywood Dr & Larchwood Dr 34.564774 -118.117426 PMD-126 Bayberry St & Larchwood Dr 34.560610 -118.117202 PMD-127 Ave R, E of 17th Street East 34.572519 -118.097082 City of Palmdale
Wireless Master Plan Study Inventory of City Property
17 Site ID Site Address Lat Long
PMD-128 Ave R-8 & 20th St E 34.565065 -118.094300
PMD-129 17th St E s. of Boysenberry Way 34.568060 -118.098263 PMD-130 Ave R-12 & Cambridge Ct 34.561343 -118.100164
PMD-131 Ave R-8 & 16th St E 34.565079 -118.100013
PMD-132 Opaline Ct S of Ave R-8 34.565087 -118.102990
PMD-133 Ave r-7 & Maureen St 34.566770 -118.099089
PMD-134 Garnett Ave & Lasker Ave 34.562806 -118.105399
PMD-135 Ave R-8 & Garnett Ave 34.565178 -118.107042
PMD-136 Sheffield Dr & Lasker Ave 34.562690 -118.106539 PMD-137 Ave Q-11 & 15th St E 34.576844 -118.103102
PMD-138 Ave Q-13 & Evette Ct 34.575420 -118.105381
PMD-139 15th St E between Ave Q-11 & Q-13 34.575889 -118.103136 PMD-140 25th St E & Ave Q-14 34.574448 -118.084758
PMD-141 26th St E & Ave R-14 34.559806 -118.082684
PMD-142 Ave R-4 & Cardiff St 34.569165 -118.090329
PMD-143 20th St E & Cape Cod Ln 34.568113 -118.093647
PMD-144 Scott Ave east of Harvey St 34.565903 -118.089529 PMD-145 Hasting St south of Ave R 34.570830 -118.091192 PMD-146 Westview Dr south of Ave R-4 34.567826 -118.088150 PMD-147 Bristol Ct & Ave R-4 34.569275 -118.088497
PMD-148 20th St E & Ave R-12 34.561706 -118.093590
PMD-149 Ave R-6 & Robin Lane 34.567433 -118.086988
PMD-150 Acorde Ave & Landon Ave 34.565376 -118.063137
PMD-151 30th St E & Ave R-4 34.568996 -118.075805
PMD-152 36th St E & Ave R-12 34.561652 -118.064748
PMD-153 Sunstream Ave east of 37th St E 34.563659 -118.060821 PMD-154 37th St E & Ave R-4 34.565389 -118.062347
PMD-155 Ave R & Janus Dr 34.572734 -118.062542
PMD-156 Eclipse Dr & Golden Cir 34.560005 -118.059179
PMD-157 Ave Q-10 & 35th St E 34.578325 -118.067640
PMD-158 Ave R & 33rd Place E 34.572604 -118.070067
PMD-159 37th St E and Prairie Lane 34.578208 -118.062424 PMD-160 Ave Q-12 west of Bee Ct 34.576321 -118.062493
PMD-161 South of Palmdale Blvd, east of 40th St E 34.580327 -118.058341 PMD-162 47th St E and Ave R-4 34.568918 -118.044775
City of Palmdale
Wireless Master Plan Study Inventory of City Property
18 Site ID Site Address Lat Long
PMD-163 Ave R-12 & Newberry Dr 34.561509 -118.030873
PMD-164 Ave R & Tackstem St 34.563924 -118.049726
PMD-165 45th Street East and Ave R-13 34.560827 -118.049772 PMD-166 Ave Q-11 east of 42nd Street East 34.576482 -118.051863 PMD-167 47th Street East and Ave R-2 34.569907 -118.044685 PMD-168 Ave R-8 west of Hudson St 34.565065 -118.036933 PMD-169 45th Street East & Ave R-8 34.563444 -118.049731 PMD-170 Cantlewood Dr & Lupine St 34.566749 -118.038490 PMD-171 Lupine St & Ave R-4 34.568798 -118.038943
PMD-172 50th St E & Ave R-2 34.570686 -118.040404
PMD-173 Ave R-4 east of Smoke Tree St 34.569186 -118.037094 PMD-174 45th Street East & Wrightwood Way 34.570932 -118.049059 PMD-175 Ave R & Stardust Pl 34.572689 -118.046892
PMD-176 Ave R-4 & Blazing Star Street 34.568741 -118.032976 PMD-177 45th Street East north of Ave R-13 34.563470 -118.049708 PMD-178 Ave R-8 & Sabal St 34.565030 -118.033956
PMD-179 53rd St E & Evergem Ave 34.566921 -118.035079
PMD-180 45th St E & Ave R-6 34.566883 -118.049044
PMD-181 45th St E & Ave R-8 34.565312 -118.049001
PMD-182 Monaco Lane & 52nd St E 34.576092 -118.036169
PMD-183 Ave R-8 & Deville St 34.565067 -118.029082
PMD-184 Katrina Pl & Newbury Pl 34.564966 -118.031406
PMD-185 Newbury Pl & Sandpiper Pl 34.563439 -118.031440 PMD-186 Between 56th St E & Deville St, north of Ave R- 11 34.563517 -118.029081
PMD-187 55th St E & Ave R-8 34.566296 -118.031481
PMD-188 55th St E & Russ Pl 34.567568 -118.031408
PMD-189 57th St E & Charlotte Pl 34.568746 -118.028151
PMD-190 Ave R & 57th St E 34.572235 -118.028145
PMD-191 Opal Ave & Sweetbrush St 34.572332 -118.037058
PMD-192 57th St E & Evergem Ave 34.567002 -118.028089
PMD-193 52nd St E & Monaco Ln 34.576069 -118.035964
PMD-194 Adobe Ave & Beryl Ct 34.574440 -118.042676
PMD-195 Ave R east of 42nd St E 34.571549 -118.051726
PMD-196 Ave R-12 west of Laramie St 34.562936 -118.055254 PMD-197 Ave R-14 & 45th St e 34.559804 -118.049249
City of Palmdale
Wireless Master Plan Study Inventory of City Property
19 Site ID Site Address Lat Long
PMD-198 Ave R & 58th St E 34.572279 -118.025158
PMD-199 Bolton Ave & Palms Pl 34.585477 -118.057982
PMD-200 Ave R-6 & 40th St E 34.567762 -118.057891
PMD-201 50th St e & Monaco Lane 34.576139 -118.040189
PMD-202 Between Ave R & Ave Q-14, east of Raintree
Lane 34.574065 -118.051837
PMD-203 Ave R-8 and Highland Ct 34.564902 -118.025950
PMD-204 55th St E & Monaco Lane 34.575924 -118.026897
PMD-205 42nd Street East & Belleshire Way 34.568385 -118.054197 PMD-206 42nd Street East & Minstrel Drive 34.560678 -118.044718 PMD-207 Between Ave Q-11 & Q-14, west of 42nd Street
East 34.576223 -118.051865
PMD-208 Ave R-8 east of 40th St E 34.564712 -118.056397 PMD-209 Ave Q-12 north of Antibes Dr 34.575928 -118.026890 PMD-210 Nova Ave & Virgo Ave 34.571239 -118.057727
PMD-211 Allegro Ct & Terra Verde Dr 34.587071 -118.057957 PMD-212 Meredith Ave & Rockie Lane 34.566903 -118.020321 PMD-213 Ave R-8 west of Ribbon St 34.566189 -118.018124 PMD-214 Ave R & 60th St E 34.571993 -118.022469
PMD-215 Ave R-4 & 65th St E 34.568409 -118.013507
PMD-216 Ave R-8 & Rockie Lane 34.564959 -118.020112
PMD-217 Katrina Pl & Giavon St 34.564942 -118.018588
PMD-218 Ave R-8 & Siderno Dr 34.564970 -118.015906
PMD-219 Ave R-8 & Calle Mazatlan 34.564816 -118.021252
PMD-220 Palmdale Blvd & 65th St E 34.579247 -118.014546 PMD-221 Ave R-8 & Rockie Lane 34.565014 -118.020818
PMD-222 Ave R & 65th St E 34.571870 -118.013513
PMD-223 Chappelle St & Adainville Dr 34.577666 -118.009848 PMD-224 Ave R-12 & Giavon St 34.561258 -118.018447
PMD-225 Ponderosa Way & 37th St E 34.545505 -118.063552 PMD-226 Jojoba Terr & Nickel St 34.549726 -118.070699
PMD-227 Ave S & 35th St E 34.557902 -118.066089
PMD-228 37th St E & Hollowglen Dr 34.553423 -118.062626 PMD-229 Olive Dr & Bayliss Ct 34.554857 -118.079732
PMD-230 30th St E & Conestoga Canyon 34.546049 -118.075742 PMD-231 35th St E north of Fairfield Ave 34.553491 -118.067766 City of Palmdale
Wireless Master Plan Study Inventory of City Property
20 Site ID Site Address Lat Long
PMD-232 Fairfield Ave & Pond Ave 34.552274 -118.070961
PMD-233 Fairfield Ave west of 35th St E 34.552282 -118.069188 PMD-234 37th St E & Waterford Ct 34.556716 -118.063109
PMD-235 Turner Dr & Ramona rd 34.543234 -118.079586
PMD-236 Chalone Dr & Cederwood Ct 34.542967 -118.060503 PMD-237 Windtree Cir & Napa Way 34.547015 -118.058901
PMD-238 33rd St E & Conestoga Canyon Rd 34.546109 -118.069833 PMD-239 Jacarte Ave & 40th St E 34.554923 -118.058885
PMD-240 Jacarte Ave & 37th St E 34.554919 -118.062697
PMD-241 Ave S-4 & 42nd St E 34.553412 -118.054505
PMD-242 Ave S-8 & 45th St E 34.549696 -118.049200
PMD-243 Ave S-8 & 47th St E 34.549675 -118.045710
PMD-244 Ave S & Springfield St 34.557916 -118.055981
PMD-245 Springfield St & Sorrel St 34.555653 -118.056123 PMD-246 Sorrel St & 42nd St E 34.555515 -118.053816
PMD-247 45th St E & Avoca Ave 34.555517 -118.050105
PMD-248 Ave S-4 & Sylvan St 34.553177 -118.051095
PMD-249 Jojoba Terr & 30th St E 34.551789 -118.077054
PMD-250 Ave S-8 & 40th St E 34.549656 -118.058920
PMD-251 South of Old Harold Road, west of 25th St E 34.547439 -118.090258 PMD-252 Spanish Broom Drive & Little Leaf Dr 34.552522 -118.080078 PMD-253 Ave S & Casa Verde Dr 34.557862 -118.098603
PMD-254 Ave S & Bela St 34.557870 -118.085940
PMD-255 Ave S & Halfmoon Dr 34.557866 -118.087360
PMD-256 Casa Verde Dr & Via Verde Ave 34.556616 -118.100632 PMD-257 Ave S & Spanish Broom Dr 34.557307 -118.094092
PMD-258 Spanish Broom Drive & Firethorn Ave 34.556846 -118.092716 PMD-259 West of 25th St E, north of Desert Oak Drive 34.550061 -118.088505 PMD-260 Ave N & Laidlaw Lane 34.631086 -118.233280
PMD-261 Hickory St & Jacaranda St 34.637914 -118.228209 PMD-262 Ave M-8 & Vista Linda 34.637990 -118.226758
PMD-263 Matthew St & Allen Ct 34.634259 -118.225996
PMD-264 12th St W & Ave M-4 34.634530 -118.151361
PMD-265 Devonshire Dr & 60th St W 34.643408 -118.236432 PMD-266 Ave M & 65th St W 34.644670 -118.245961
City of Palmdale
Wireless Master Plan Study Inventory of City Property
21 Site ID Site Address Lat Long
PMD-267 Ave M-4 & 62nd St W 34.641624 -118.240863
PMD-268 Cielo Vista Dr & 65th St W 34.641780 -118.242984 PMD-269 Ave M-8 & Kind Dr 34.638020 -118.238637
PMD-270 Ave M-8 & 67th St W 34.637907 -118.248828
PMD-271 Ave M-8 & Flintridge Dr 34.637931 -118.246763
PMD-272 Ave M & Tilton Dr 34.645194 -118.256485
PMD-273 Ave M & Beringer Rd 34.645162 -118.255585
PMD-274 210 East Avenue S 34.556799 -118.128977
PMD-275 434 West Avenue S 34.556676 -118.138522
PMD-276 Between Claro Way & Alpine Drive 34.618280 -118.221496 PMD-277 Between Ca Aqueduct & Gemelos Ct 34.615743 -118.219242 PMD-278 6th Street East s. of Sierra Highway crossing 34.587945 -118.119198 PMD-279 3rd Street East between Ave P-12 and Ave Q 34.590471 -118.126421 PMD-280 Ave P-12 between 2nd St E and Stanridge Ave 34.590554 -118.126236 PMD-281 Division St between Ave P-12 and Ave Q 34.590030 -118.129686 PMD-282 N. side of Avenue P-12 between Division St and
2nd St E 34.591022 -118.128638
PMD-283 N. side of Avenue P-12 between 2nd St E and 3rd St E 34.590930 -118.126492
PMD-284 E. side of Sierra s. of Avenue Q 34.584144 -118.116448 PMD-285 E. side of Sierra Highway, north of Avenue Q-6 34.58299 -118.116763 PMD-286 SWC Avenue Q & 10th St E 34.587326 -118.112033
PMD-287 W of Sierra Highway, s of alignment of Ave R-4 34.568228 -118.119342 PMD-288 E & W of Sierra Highway, north of Avenue R-8 34.566152 -118.114959 PMD-289 Division St & Basara Lane 34.567387 -118.129189 PMD-290 27th St E & Ave Q-14 34.574496 -118.081225
PMD-291 29th St E & Ave R-10 34.564332 -118.078662
PMD-292 Sierra Highway north & south of Rancho Vista
Blvd 34.601773 -118.121228
PMD-293 Sierra Highway north of Ave O-8 34.611133 -118.123757 PMD-294 70th Street East & Ave Q-14 34.574400 -118.003724 PMD-295 North of Ave S, east of 70th St E 34.560291 -118.008454 PMD-296 Sierra Highway north of Ave N 34.637159 -118.125721
City of Palmdale
Wireless Master Plan Study Inventory of City Property
22 City Property Evaluation
In order to evaluate city- owned property, all parcels are geo-coded. This information is the minimum profile necessary for initial property marketing . The list of geo- coded properties is immediately available to the carriers for review and enhancement to their wireless network.
When evaluating and marketing properties to wireless carriers several factors need to be considered,
1. The ground height’s relationship with the surrounding area, the ASML,
2. Suitable height for antennas according to the City’s zoning standards, and
3. The carrier’s coverage, capacity objectives, customer usage and newly available wireless services
Promotion & Marketing
ATS will take the lead in promoting the City-owned sites depicted within the WMP to the various wireless carriers.
As the Wireless Industry continues to evolve, there will be the need to periodically update the WMP. ATS will present this list of City -owned properties to the wireless service providers for their consideration of potential candidates for their future builds. This WMP will be used as a tool to market these properties to the Carriers.
Each of the Carriers uses subcontractors to continue the development of their networks. Often these subcontractors come and go. Therefore, a continuous marketing effort is needed to ensure this WMP is implemented and additional City-owned properties are considered for future WMP updates.
Representatives from the various wireless service providers will use the City’s WMP as a guide and submit their proposals in accordance with the City’s zoning codes for projects subject to the WMP.
Application Process
The process for permit applications meeting the pre- approved design concepts for City properties indentified in the WMP is as follows:
• Applicant consults with Planning Staff for conceptual review of project and determination of appropriate permit application. Additional information regarding permit requirements for antennas on City property can be found in the Municipal Code. • Applicant submits required permit application , application fees, and appropriate exhibits to Community Development Department. In lieu of the application fee, the Planning Division may establish a deposit account from the applicant to cover the actual cost of staff time to review and analyze the permit application.
City of Palmdale
Wireless Master Plan Study Inventory of City Property
23 • Application is reviewed for completeness and identification of issues. • If application is complete, processing begins. Application is then reviewed by all appropriate departments and comments are provided to the applicant. If not complete, application is returned to applicant for resubmission at later date. • The Planning Commission’s Design Review Subcommittee shall consider and provide comments on staffs review, analysis and recommendation. • CEQA review is performed by Planning Department (once application is complete).
Thirty (30) day review period is p rovided for comments on environmental documentation, if applicable.
• Based upon comments from reviewing departments and Design Review Subcommittee, a recommendation is made to approve with conditions or deny the requested project permit. Refer to the Municipal Code for findings required prior to approval. • Applications consistent with the pre- approved design concepts for City properties indentified in the WMP shall be considered by the City Man ager for approval (with conditions) or denial. Project applicat ions not consistent with the pre -approved design concepts for City properties indentified in the WMP shall be considered by the Planning Commission for approval (with conditions) or denial.
• Once all applicable appeal periods have expired and no appeals have been filed, or the appeals have been resolved, the applicant may apply for other permits or licenses. • Lease agreement for applicant use of City property is drafted by ATS.
• City Council review and approval/denial of lease agreement.
24 Wireless Infrastructure – Existing and Proposed
ATS identified 36 active cell sites at 25 locations throughout the City. Of the 36 existing cell sites, AT&T has the most facilities, possessing 12 locations. T-Mobile, Nextel and Sprint PCS have the second most cell sites, possessing 7 locations each. Verizon Wireless has 2 sites and Metro PCS has one active site throughout the City. Analysts observe seven different antenna structure styles, the most common being the monopole.
The seven proposed sites were developed using the radio frequency engineering analysis . These sites were identified by locating the carrier’s absent coverage areas and plotting the findings on city property. These identified sites serve as probable areas for future development, meaning they are the closest approximation to the carrier ’s coverage gaps. But these selected locations do not necessarily fit the City’s desires for placement or the carrier’s coverage and capacity goals.
Having driven each of the proposed sites and evalua ted their acceptability, each location was categorized as either, high, medium or low based on several factors. The factors that went into consideration were viability of the height of the site, available room for a wireless communications facility, accessibility, access to utilities and other positive or negative characteristics of the site.
Though there may have been other City properties close by, the exact property that satisfied the carrier needs was identified.
In the event the carrier evaluates the chosen property, if the location was identified as low it will be identified as such to the carrier with the promotion of a more suitable City property close by. In the event that property won’t work, ATS will work with the City to identify what can reasonably be accommodated for the site and ultimately it will be the City’s decision in its sole discretion to determine whether to move forward with leasing the site or not.
Last, while Clearwire has entered into the marketplace, they are being considered pa rt of the Sprint PCS build at this time. Another carrier is projected to be coming into the market place in 2011/2012 and their network will be identified in the next generation of the WMP.
AT&T
AT&T is the largest carrier in the Unites States based on subscribers, it serves 70.1 million individuals.
AT&T has the largest digital voice and data network in the network, which is referred to as the ALLOVER network. The ALLOVER network covers the top 100 U.S. markets. AT&T claims to be the leading innovator in the wireless industry, introducing many of the newest technologies including GSM/GPRS, the Apple iPhone, and the Blackberry. Consumers can access high quality videos and music from these new phones, which require greater bandwidth capabilities. With this technology, AT&T has captured some of the fastest growing wireless segments, including youths and Hispanics.
The following table lists locations that satisfy AT&T’s future needs:
Proposed for AT&T
Site ID Site Location Priority
PMD-026 M-12 & 10th Street E High
PMD-295 N of Avenue S & East of 70th Street E High
25 AT&T Existing Coverage
26 AT&T Proposed City Sites
27 AT&T Cumulative Coverage
28 Nextel
Unlike the Cingular/AT&T merger, Sprint and Nextel remain separate entities. It is unclear if Nextel will brand itself as the merged companies’ business focus or target another market segment; nevertheless, they combined their build plans for efficiency.
While each build plan is shown separately, Sprint and Nextel will likely co -locate on one another’s sites as part of their network enhancements. They will also combine their new site acquisitions through Sprint’s name, which is part of their already-underway Synergy network enhancement plan.
Proposed for Nextel
Site ID Site Location Priority
PMD-151 30th Street E & Avenue R-4 Medium
PMD-295 N of Avenue S & East of 70th Street E High
29 Nextel Existing Coverage
30 Nextel Proposed City Coverage
31 Nextel Cumulative Coverage
32 SprintPCS
SprintPCS recently announced its plans to develop and deploy the first fourth generation (4G) nationwide mobile network. As a large community in the nation’s primary mobile market, SprintPCS will likely enhance its network throughout the City.
It is probable that SprintPCS will employ clauses in the Nextel’s agreements, enhancing its networks within those facilities’ bounds. Even so, the higher frequency ranges needed to facilitate 4G technology require additional sites.
In 2006 and 2007 Sprint added thousands of cell sites and enhancements to its national wireless network, spending approximately $13 billion dollars. Sprint is aiming to have both networks, Sprint and Nextel, performing at optimum levels with fewer dropped and blocked call while their consumers are using new technology features.
The chart below shows locations identified as potential candidates for Sprint’s build. We anticipate that with Nextel’s frequency change and Sprint’s aggressive live sports video marketing, site demand may exceed this analysis . Clearwire, a new provider in the market place is 51% owned by Sprint.
Since they will be providing the higher bandwidth services for Sprint, they are being considered part of the Sprint build at this time.
Proposed for Sprint PCS
Site ID Site Location Priority
PMD-026 M-12 & 10th Street E High
PMD-028 Avenue Q & Carriage Way High
PMD-295 N of Avenue S & East of 70th Street E High
33 Sprint PCS Existing Coverage
34 Sprint PCS Proposed City Sites
35 Sprint PCS Cumulative Coverage
36 T-Mobile
T-Mobile is a subsidiary of the German company Deutsche Telekom AG. It entered Southern California’s market in 2003, sharing its netw ork with Cingular. As part of Cingula r’s acquisition of AT&T Wireless (currently AT&T) , it sold the portions of its network that were sites acquired from its Pacific Bell acquisition.
In order to transition its customers from AT&T ( Cingular) sites, T-Mobile plans to enhance its network using an aggressive build plan. T-Mobile’s Radio Frequency engineers indicate that its three-year build plan calls for approximately 1,700 sites each year within the Southern California region. With a steady increase in cus tomers from 2006, T -Mobile will need to continue their expansion of sites in order to maintain their awarded achievement of “2007 Highest in Overall Customer Satisfaction with Wireless Retail Service”.
Proposed for T -Mobile
Site ID Site Location Priority
PMD-031 Avenue Q-2 & 5th Street E Low
PMD-295 N of Avenue S & East of 70th Street E High
In -Process for T -Mobile
Site ID Site Location
Site 8 2531 Olive Drive
Site 9 39055 25th Street
Site 10 4625 E. Avenue R
37 T-Mobile Existing & In-Process Coverage
38 T-Mobile Proposed City Sites
39 T-Mobile Cumulative Coverage
40 Verizon Wireless
Headquartered in Basking Ridge, New Jersey, Verizon Wireless is a joint venture of Verizon Communications and Vodafone. With 54 million customers across the country, Verizon Wireless is second in subscribers only to AT&T. In this market, Verizon is transitioning from the cellular network (800 to 900 MHz) to the PC S network (1800 to 1900 MHz) to prepare for the next generation of products and services.
Verizon operates in both the cellular and PCS frequency ranges, the cellular (850 MHz) range reaches further than the higher PCS (1900 MHz) range. For Verizon Wireless to maintain its customer base, especially with new competitors entering the market, it is expected that its build plan will increase dramatically over the following years.
In order to compete with other wireless carriers’ new services, Verizon Wireles s must move to the PCS range, which allows for greater data bandwidths services like streaming video, games and mobile phone Internet access.
Proposed for Verizon Wireless
Site ID Site Location Priority
PMD-028 Avenue Q & Carriage Way High
PMD-238 33rd St. E & Conestoga Canyon Road Low
PMD-295 N. of Avenue S, E OF 70TH Street E High
In -Process for Verizon Wireless
Site ID Site Location
Site 3 39800 Country Club Drive
Site 4 42035 20th Street E
41 Verizon Wireless Existing & In-Process Coverage
42 Verizon Wireless Proposed City Sites
43 Verizon Wireless Cumulative Coverage
44 MetroPCS
MetroPCS offers PSC, or broadband personal communication services, to consumers with no long term contract, a flat rate, and unlimited usage in regards to minutes. MetroPSC has been around since 2002, and it the fastest growing PCS providers in the United States. They provide service to 14 of the 25 large metropolitan cities and their surroundings areas in the country.
In 2007 there was widespread news of a merger between MetroPCS and Leap Wireless International.
MetroPCS withdrew from the merger in order to focus on realizing its stand-alone growth opportunities. In 2007 there was a service launch in Los Angeles, and it’s expected that there will be continued launches by late 2008 or early 2009.
Proposed for MetroPCS
Site ID Site Location Priority
PMD-026 M-12 & 10th Street E High
PMD-264 12th Street W & Avenue M-14 Medium
PMD-295 N of Avenue S & East of 70th Street E High
In -Process for MetroPCS
Site ID Site Location
Site 2 2121 E. Palmdale Boulevard
Site 3 37716 55th Street E
Site 4 39700 30th Street W
Site 5 39331 10th Street W
Site 6 1156 E. Avenue S
45 MetroPCS Existing & In-Process Coverage
46 MetroPCS City Sites
47 MetroPCS Cumulative Coverage
City of Palmdale
Wireless Master Plan Study Wireless Infrastructure
48 Detailed Information on each site, including pictures, is provided in Appendix “A”.
Existing Sites in City
Address Carrier Build Lat Long AMSL RAD Description
1529 E. Palmdale Blvd. Nextel Roof Mount 34.580363 -118.101892 2628' 40' Commercial 2140 E. Palmdale Blvd. Sprint Monopole 34.578662 -118.090247 2613' 40' Commercial 2272 E. Palmdale Blvd. AT&T Monopole 34.577067 -118.088418 2617' 37' Commercial 2272 E. Palmdale Blvd. Verizon Monopole 34.577067 -118.088418 2617' 35' Commercial 38115 30th Street AT&T Light
Standard
34.574273 -118.077424 2629' 50' McAdams Park
4625 East Avenue R Sprint Monopole 34.573151 -118.049214 2636' 40' Commercial 4862 East Avenue S AT&T Monopole 34.556952 -118.041389 2695' 33' Commercial 4862 East Avenue S T-Mobile Monopole 34.556952 -118.041389 2695' 30' Commercial 4616 East Avenue S MetroPCS Monopole 34.557211 -118.047489 2681' 35' Commercial 4616 East Avenue S Nextel Monopole 34.557211 -118.047489 2681' 40' Commercial 2540 East Avenue S Sprint Flagpole 34.557267 -118.083902 2704' 40' Commercial 2200 East Avenue S AT&T Monopoles 34.552919 -118.089239 2771' 40' Cemetery 119 East Avenue S Sprint Monopole 34.561501 -118.12857 2930' 30' Open Space 119 East Avenue S T-Mobile Monopole 34.561501 -118.12857 2930' 35' Open Space 119 East Avenue S AT&T Monopole 34.561501 -118.12857 2930' 25' Open Space 38630 5th Street West Nextel Roof Mount 34.584063 -118.137873 2682' 60' Hotel Elizabeth Lake Road & 60th
Street West AT&T Tower 34.623071 -118.233552 2896' 50' Private Property 4210 Elizabeth Lake Road AT&T Roof Mount 34.589683 -118.204856 2863' 30' Horse Ranch 4210 Elizabeth Lake Road T-Mobile Roof Mount 34.589683 -118.204856 2863' 30' Horse Ranch 39117 3rd Street AT&T Light
Standard
34.592754 -118.12796 2632' 50' Park
39457 15th Street Nextel Monopole 34.599427 -118.104409 2593' 35' Private Property 1233 Rancho Vista Blvd. Sprint Sign 34.602045 -118.148004 2675' 35' Mall 1123 W. Rancho Vista Blvd. T-Mobile Roof Mount 34.60476 -118.150035 2674' 35' Mall 39702 30th Street West AT&T Monopole 34.604361 -118.18267 2703' 40' Marie Kerr Park 41051 12th Street Nextel Monopine 34.628549 -118.15247 2602' 40' Construction Yard 41051 12th Street T-Mobile Monopine 34.628549 -118.15247 2602' 40' Construction Yard 41051 12th Street Verizon Monopine 34.628549 -118.15247 2602' 40' Construction Yard 41343 12th Street AT&T Flagpole 34.63482 -118.152535 2580' 37' Commercial 41343 12th Street T-Mobile Flagpole 34.63482 -118.152535 2580' 32' Commercial 190 Sierra Court Nextel Monopole 34.639594 -118.129859 2553' 40' Commercial 42035 20th Street East T-Mobile Monopole 34.646943 -118.095126 2482' 40' SCE Station 42164 40th Street East Sprint Monopole 34.650153 -118.054088 2474' 40' Farm 901 E. Palmdale Blvd. AT&T Roof Mount 34.579903 -118.113999 2655' 35' AT&T Building Mount Hauser Station AT&T Tower 34.547413 -118.216607 5207' 20' Mt. Hauser Mount Hauser Station Sprint Tower 34.547283 -118.21311 5103' 30' Mt. Hauser Mount Hauser Station Nextel Tower 34.547283 -118.21311 5103' 30' Mt. Hauser
City of Palmdale
Wireless Master Plan Study Implementation
49 Implementation
WMP Approval Process
Once the City’s agencies review and refine the WMP, it is presented to the Planning Commission and City Council for review and approval. Upon approval, the WMP enters its full implementation phase. One of the plan’s stated goals is to streamline the City’s process for wireless communications facility development.
Currently, representatives of the carrier visit the subject site to prepare the submittal application for the city. Once this application is prepared and submitted, the staff compiles their response, including recommendations and/or requests for modifications.
The information in the WMP allows the City to control the approval process with the wireless companies and specify criteria for location and design.
Site Development Process
The next step after marketing the proposed properties to the carrier involves inspecting the site and developing the plans for the build, if the carrier continues to hold an interest in that location.
ATS works with the Site Ac quisitions personnel from the wireless company and assists them in the feasibility and due diligence process. The Site Acquisition Specialist works on a package to present to the wireless carrier, which is referred to as Site Candidate Information Package, SCIP. Other tasks of ATS during the development process include scheduling and facilitating meetings with the City, communicating with the carrier’s RF engineers, and negotiating the terms of the lease on behalf on the City.
After the affirmative decision to proceed with a site is concluded the carrier will have site plans and equipment plans drawn up for review by the parties involved. This is formally completed with the documentation of a building application to the City. ATS will review the application from the carrier for its completion after it is submitted to the City. The application will then go through the standard process review by the City and its departments.
Being that the City has control over the execution of the lease as well as the issu ance of permits, these steps can be completed simultaneously. There is a concentrated effort by all parties towards the procurement of an executed lease. The due diligence that takes place at this time, which can differ slightly by each carrier, includes ordering a Preliminary Title Report which documents the legal description of the property, receiving a Letter of Intent, and creating a draft lease for review and revisions by the all involved parties.
There are a number of items that all parties involve d should be aware of when signing the lease. Before this time the lessee and lessor should be acquainted with each other in order to determine that the contract that will be completed without breech. The lease agreement should define the uses of the land; these terms are broadly stated due to the changes in technology and site capacity issues. The rental amount is the greatest variable during negotiations, typically City of Palmdale
Wireless Master Plan Study Implementation
50 an amount between $1,800 and $2,400 can be received for use of a site, but it varies based o n access to alternative sites, current market rates, and geographic locations. The term of the lease is of concern to the carrier and the City for opposing reasons, but should only be considered by the client if the term exceeds 20 years. Other information that should be careful reviewed and negotiated is yearly rent adjustments, access and improvements to the property, and termination.
Proposed Draft Lease Agree ment
Attached on the following pages is the current draft City lease for wireless carriers. While it has been used for sites with two carriers, it includes terms and conditions typically acceptable to all of the carriers. It is anticipated, since each carrier is different, that some negotiating and language changes will be necessary, but for the most part the agreement should be complete.
City of Palmdale
Wireless Master Plan Study Implementation
51 COMMUNICATIONS SITE LEASE AGREEMENT BETWEEN
THE CITY OF PALMDALE AND __________________
This Agreement is made this ___ day of _______, 2011 between The City of Palmdale, a Municipal Corporation, Corporate and Politic, hereinafter designated “LESSOR” and __________________________, hereinafter designated “LESSEE”. The LESSOR and LESSEE are at times collectively referred to hereinafter as the “Parties”.
1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of real property commonly known as _________________ (the entirety of LESSOR’s property is referred to hereinafter as “the Property” and a legal description of the Property is attached hereto as Exhibit “A”), located at ________________, Palmdale, CA ________, APN: _____________, and being described as an approximate __________parcel containing _______ acres, and an easement required for the antenna support structure and for cable runs to connect LESSEE’s equipment and antennas, together with the non-exclusive right for ingress and egress from and to the nearest public right-of-way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a twelve (12’) foot wide right-of-way extending from the nearest public right-of-way, to the demised premises, said demised premises, easements and rights-of-way (hereinafter collectively referred to as the “Premises”) being substantially as described herein in Exhibit “B” attached hereto and made a part hereof
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit “B” which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit “A”. Costs incurred for such work shall be borne by LESSEE.
3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below).
4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of Twenty-Two Thousand Two Hundred and 00/100 dollars ($22,200.00) to be paid in equal monthly installments of One Thousand Eight Hundred-Fifty and 00/100 dollars ($1,850.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. With the exception of the first monthly installment, which shall be due to Lessor within twenty-one (21) days after the Commencement Date, all monthly installments shall be due on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence on the first day of the month following full execution of this Agreement (“Commencement Date”). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then-current monthly rent. Rental amounts attributable to partial months shall be prorated on a daily basis. All Rent and Deposit monies shall be deposited according to the directions outlined in Exhibit “G”.
5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental increase of four percent (4%) per year, to be increased on each anniversary of the Commencement Date.
6. DEPOSIT. In recognition that the Commencement Date may not occur concurrent with the execution of this Agreement by all parties, LESSEE hereby agrees to pay to the LESSOR upon LESSEE’S execution of this Agreement, a one-time, non-recurring, non-refundable payment equal to one (1) month’s rent.
City of Palmdale
Wireless Master Plan Study Implementation
52 7. EXTENSIONS. LESSEE is granted options to extend this Agreement for up to three (3) additional five-year (5) terms (each a “Renewal Term”). Each Renewal Term shall be on the same terms and conditions as set forth herein This Lease Agreement shall automatically be extended for each successive five (5) year Renewal Term unless LESSEE notifies LESSOR in writing of LESSEE”S intention not to extend this Lease Agreement at least thirty (30) days prior to the expiration of the first Term or any Renewal Term. Subject to the approval of the City Manager, the LESSOR, after the expiration of the first Renewal Term, reserves the right to deny any Renewal Term extension by providing no less than six (6) months prior written notice before any extended term ends, if the LESSOR determines, in its reasonable discretion that LESSEE’s continued tenancy would not be in conformity with the LESSOR’s intended use of its Property at such time.
8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE’s ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or local authorities as well as satisfactory soil boring tests which will permit LESSEE’s use of the Premises as set forth herein. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the Property with respect to the proposed use by LESSEE.
Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively “Tests”) to determine the suitability of the Premises for LESSEE’s Facilities (as defined below and in Exhibit D, attached hereto) and for the purpose of preparing for the construction of LESSEE’s Facilities. In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes LESSEE shall have the right to terminate this Agreement.
Notice of LESSEE’s exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other.
9. A APPROVAL OF PLANS. Prior to commencing construction of LESSEE’s Facilities (defined below), LESSEE shall obtain LESSOR’s approval of LESSEE’s work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the Executive Director of the Parks, Recreation and Community Services Agency or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within thirty (30) working days of LESSOR’s receipt of LESSEE’s work plans. If LESSEE does not receive such approval or request for changes in writing within such thirty (30) working day period, LESSOR shall be deemed to have disapproved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE’s plans.
10. USE.
A. LESSEE may use the Premises for any lawful activity in connection with the provisions of mobile/wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communications facilities. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements (“LESSEE’s Facilities”). All improvements shall be at LESSEE’s sole expense and the installation of all improvements shall be at the discretion and option of LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained from City of Palmdale
Wireless Master Plan Study Implementation
53 LESSOR prior to commencement of any construction, alterations, modifications or improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings (“Plans”) of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE’s Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personn el. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE’s Facilities for the purpose of repairing or upgrading the communications capabilities of LESSEE’s Facilities, with notice to LESSOR, so long as the equipment, cables or antennas of like size remain within the original physical parameters of the Premises. LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to park property including but not limited to turf, concrete and/or asphalt, buildings and/or apprentices caused by LESSEE regardless of negligence. LESSOR at its discretion may require LESSEE to repair and or replace said damages or co ntract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits retained by LESSOR. LESSEE shall have the right to install any warning signs on or about the Premises required by federal, state or local law.
B. LESSEE’s Facilities shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. LESSOR shall provi de LESSEE, LESSEE’s employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and operate LESSEE’s Facilities on the Premises, and to remove them therefrom. LESSOR shall, at its sole expense, maintain all acces s roadways from the nearest public roadway to the Premises in a manner sufficient to allow reasonable access to the Premises by LESSEE. Except in cases of emergency, LESSEE agrees to provide twenty - four (24) hours notice to LESSOR before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the replacement of missing branches or the repainting of LESSEE’s Facilities, such maintenance must be completed by LESSEE within thirty (30) days of LESSEE’s receipt of notice that such repairs are needed.
C. As additional consideration for this Agreement, LESSEE shall pursue the design, permitting and construction of a new light pole on the LESSOR’s Property, in that certain location and as more specifically set forth on Exhibit B attached hereto (the “Light Standard”). The Light Standard shall be constructed in a good and workmanlike manner and in accordance with the specifications mutually and reasonably determined by the parties in accordance with Section 9. The Light Standard shall be structurally capable of supporting Lessee’s antennas, associated mounting apparatus and cabling therefore and LESSOR’S light fixture (“Light Fixture”) at or near the top of the Light Standard. Upon completion of construction of the Light Standard Lessee shall transfer complete title and ownership of such Light Standard to Lessor by way of a Bill of Sale, “as is and where is,” with no representations or warranties of any kind except any manufacturers warranties that may be available, and there after Lessor shall be solely responsible for installation of its Light Fixture, the maintenance, repair, replacement of the Light Standard and all lights thereon, and all other ownership obligations relating to the Light Standard.
Upon transfer of the Bill of Sale to Lessor, such Light Standard shall be part of Lessor’s real property referenced in this Agreement as part of the “Property,” and the space on the Light Standard on which Lessee installed its antennas, associated mounting apparatus and cabling therefore shall hereinafter be referred to as part of Lessee’s “Premises,” and shall be subject to all of the rights and obligations set forth in this Agreement. At no time shall the Light Standard be considered part of “Lessee’s Facilities,” as such term is used in this Agreement. Upon expiration or termination of this Agreement, Lessee shall not be required to remove any supporting structures or electrical wiring or conduit for either the Light Standard or Light Fixture. Notwithstanding the forgoing, in the event this Agreement is terminated prior to the date Lessee commences construction of the Light Standard, Lessee’s obligation to construct such Light Standard and transfer it to Lessor shall be null and void and of no further effect.
City of Palmdale
Wireless Master Plan Study Implementation
54 11. INDEMNIFICATION.
A. LESSEE’s Indemnity. LESSEE shall indemnify, defend and hold LESSOR its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability (“Claims”) occurring on the Property and arising out of or connected with the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors except for Claims arising out of (i) the negligence or willful misconduct of LESSOR, its officers, agents, employees, successors, assigns, or contractors; (ii) violation of law by LESSOR, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSOR under this Agreement; or (iv) any condition relating to the Premises which LESSEE has no obligation to repair or maintain.
B. LESSOR’s Indemnity. LESSOR shall indemnify, defend and hold LESSEE, its officers, employees, successors and assigns harmless from and against any and all loss, cost, claim, liability (“Claims”) occurring on the Property and arising out of or connected with the negligence or willful misconduct of LESSOR, its officers, agents, employees, or contractors, including, but not limited to City Business as defined in Section 17 below, except for Claims arising out of (i) the negligence or willful misconduct of LESSEE, its officers, agents, employees, or contractors; (ii) violation of law by LESSEE, its officers, agents, employees, or contractors; (iii) the breach of any duty or obligation by LESSEE under this Agreement; or (iv) any condition relating to the Property which LESSOR has no obligation to repair or maintain.
12. INSURANCE.
A. LESSEE shall obtain, at its sole cost, insurance to insure against liability of LESSEE, its employees and agents arising out of, or in connection with, LESSEE's use, occupancy or maintenance of the Premises and LESSEE’S Facilities. LESSEE shall obtain, at its sole cost, and maintain for the period covered by this Agreement, the following insurance:
(i) Commercial general
liability insurance policy with limits of not less than $1,000,000 per occurrence and $2,000,000 in aggregate; and (ii) excess or umbrella liability insurance policy with limits of not less than $10,000,000; and (iii) automobile liability insurance policy with limits of not less than $1,000,000 per occurrence, including non-owned and hired automobile coverage; and (iv) Property insurance (all risk of physical loss) covering the LESSEE’S Facilities in an amount equal to one hundred percent (100%) of the full replacement cost; and (v) Builder’s risk insurance; and (vii) Worker’s compensation insurance that meets California statutory requirements. Lessor, at Lessor’s sole cost and expense, shall procure and maintain on the Property, bodily injury and property damage insurance with a combined single limit of at least $1,000,000 per occurrence and excess or umbrella liability insurance of not less than $5,000,000. Such insurance shall insure, on an occurrence basis, against liability of Lessor, its employees and agents arising out of or in connection with Lessor’s use, occupancy and maintenance of the Property and the LESSEE’S Facilities (if applicable).
B. Each Party shall name the other party, and the other party’s officers, agents, employees and volunteers as additional insured on their General Liability and Excess or Umbrella Liability polices.
C. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice has been provided to other party.
D. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-/VII. Exception may be made for the State Compensation Fund when not specifically rated.
E. Both Parties’ General Liability and Excess or Umbrella Liability policies must include an additional insured endorsement naming the entities as set forth below:
The City of Palmdale,
Palmdale Community Redevelopment Agency, Palmdale Civic Authority, Housing Authority, Industrial Development Authority, their officers, agents, employees and volunteers.
City of Palmdale
Wireless Master Plan Study Implementation
55 F. Each Party shall file Certificates of Insurance with the other Party, evidencing the insurance coverage required by this section, prior to the Commencement Date and prior to LESSEE's use of the Premises
13. INTERFERENCE. LESSEE’s Facilities shall not disturb the communications configurations, equipment, and frequency, which exist on the Property on the date this Agreement is fully executed (“Pre-Existing Communications”) and LESSEE’s Facilities shall comply with all non-interference rules of the Federal Communications Commission (“FCC”). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE’s use of the Premises or encroaches upon the Premises. Such interference with LESSEE’s communications operations shall be deemed a material breach by LESSOR, and LESSOR shall have the responsibility to promptly terminate said interference. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference.
14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE’s Facilities and all personal property and otherwise restore the Premises to its original condition, at LESSEE’s sole expense, reasonable wear and tear, and casualty excepted. Underground conduits and foundations may remain at LESSOR’s option.
LESSOR agrees and acknowledges that all of the equipment and personal property of LESSEE shall remain the personal property of LESSEE and shall not be deemed fixtures, and LESSEE shall have the right to remove the same at any time during the term of this Agreement. If such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the LESSEE’s Facilities and all personal property are completed. Antenna support structure shall remain at LESSOR’s option in as-is condition.
15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Lease Agreement in the form of Exhibit “F”. LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE’s interest in the Property upon the expiration or termination of this Agreement.
16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to this Agreement and LESSEE’s rights hereunder, and any sale by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such right-of-way. LESSOR shall cooperate with LESSEE to obtain for the benefit of LESSEE a reasonable non-disturbance agreement from the present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE’s right to quiet possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under this Agreement. LESSOR makes no representation or warranty that the present or any future mortgagee(s) or holder(s) of trust will execute non-disturbance agreement, and LESSOR shall have no liability to LESSEE if the present or future mortgagee(s) or holder(s) of a deed of trust refuses to execute a non- disturbance agreement.
17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have the right and privilege to conduct City Business on the Property, as necessary, as set forth in Paragraph 25, below. “City Business” shall include, but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City City of Palmdale
Wireless Master Plan Study Implementation
56 sponsored events, located near the Premises, so long as the City Business does not interfere with or impair the operation of LESSEE’s Facilities.
18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments or impediments of title on the Property or affecting LESSOR’s title to the same and that there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth above.
19. NO LIENS. LESSEE will not permit any mechanics’ or materialmen’s liens on the Property for any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to release the lien.
20. MISCELLANEOUS LESSEE RESPONSIBILITIES.
A. Maximum Permissible Exposure – LESSEE shall comply with all present and future laws, orders and regulations relating to Maximum Permissible Exposure (“MPE”) and other related health issues directly applicable to its operation of LESSEE’s Facilities, as well as the American National Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE’s indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to violation of MPE to the extent such personal injuries are actually caused by LESSEE’s Facilities on the Premises.
B. LESSEE shall maintain LESSEE’s Facilities and shall make all repairs to the Premises necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged equipment of LESSEE’s Facilities and/or any parts thereto regardless of fault (including but not limited to damage caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for damage cause by LESSOR, its employees, agents, contractors or volunteers. This time period may be extended with written authorization from the Executive Director of Parks and Recreation. In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to be made including making said repairs and/or hiring a contractor to make said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill LESSEE for the cost of services.
C. LESSEE shall pay all personal property taxes assessed directly against its equipment and all increases in LESSOR’s real property taxes or assessments directly attributable to installation of LESSEE’s equipment or LESSEE’s use of the Premises, within sixty (60) days after receipt of satisfactory documentation indicating calculation of LESSEE’s share of such real estate taxes and proof of payment provided that such amounts are in fact due within the said sixty (60) day period.
LESSEE has the right to challenge any unreasonable tax assessment.
D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE’s Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE for its use of the Premises.
E. LESSEE shall have the right to replace or repair its equipment or any portion thereof during the term of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and tear excepted.
21. EMERGENCY USE OF SITE. LESSEE shall make available to the police, fire and emergency services of the City of Palmdale space on the communications tower at no cost to LESSEE or City of Palmdale
Wireless Master Plan Study Implementation
57 said entities. The City of Palmdale is responsible for maintaining its own equipment. The space to be made available will not create interference with LESSEE’s communications operations. As to any future leases or subleases, their respective installations will be permitted only at such locations that will not cause interference with LESSEE or LESSOR and the City’s operations. The City entities will be afforded 24-hour access to its equipment at the Property.
22. INTEGRATION. It is agreed and understood that this Agreement contains all agreements, promises and understandings between the LESSOR and LESSEE and that no verbal or oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any dispute, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the Parties. In the event any provision of the Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and enforceability of the remaining provisions of this Agreement. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights under the Agreement shall not waive such rights and such Party shall have the right to enforce such rights at any time and take such action as may be lawful and authorized under this Agreement, either in law or in equity.
23. GOVERNING LAW. This Agreement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of California, with venue in Los Angeles County.
24. ATTORNEYS’ FEES. The substantially prevailing party in any legal action or lawsuit arising hereunder shall be entitled to its reasonable attorneys’ fees and court costs, including appeals, if any.
25. ASSIGNMENT.
a. LESSEE will not assign or transfer this Agreement or sublet any portion of the Premises without the prior written consent of LESSOR, which consent will not be unreasonably withheld, delayed or conditioned; provided, however, that LESSEE shall have the right to sublease or assign its rights under this Agreement, to any of LESSEE’s (i) partners, parents, subsidiaries, affiliates, or successor legal entities, (ii) in connection with the sale, exchange, or other transfer of LESSEE’s FCC authorization for the geographic area in which the Premises are located or of majority of LESSEE’s network assets in the geographic area where the Premises are located, or (iii) in connection with any financing, loan, security interest, pledge, or mortgage of LESSEE’s property.
b. LESSEE acknowledges and agrees that the City policy is to provide for co-location of communication tower facilities. LESSEE further agrees that LESSOR, and not LESSEE, shall retain ownership of any further lease rights with respect to co-location of communication facilities on the Property.
26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, confirmed fax, or reliable overnight delivery service to the address of the respective parties set forth below (or any other address that the Party to be notified may have designated to the sender by like notice):
Notice shall be effective upon actual receipt or refusal to receive such notice.
27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, successors, administrators and assigns of the Parties hereto.
City of Palmdale
Wireless Master Plan Study Implementation
58 28. RELOCATION RIGHT.
A. Anytime after the expiration of the original term, LESSOR shall have the one-time right, upon redevelopment of the Property, to relocate LESSEE’s Facilities to alternate space within the Property, if available; provided however, that such relocation shall (1) be at LESSOR’s sole cost and expense, (2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE’s Facilities, the access and utility rights of way will be relocated as required, in the sole discretion of LESSEE, to operate and maintain LESSEE’s Facilities.
B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the “Notice”) to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE’s Facilities. LESSEE shall have sixty (60) days from the date it receives the Notice to evaluate LESSOR’s proposed relocation site, during which period LESSEE shall have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails to approve of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have disapproved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the “Relocation Site.” LESSEE shall have a period of not less than twelve (12) months after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate LESSEE’s Facilities to the Relocation Site.
C. Upon relocation of LESSEE’s Facilities to the Relocation Site, all references to the Premises herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site (including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey will then replace Exhibit “B” and become a part hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE’s Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms and conditions of this Agreement.
D. In the event of relocation by LESSOR pursuant to the terms of this Paragraph 28, LESSOR hereby acknowledges and agrees that LESSEE shall have no obligation (financial or otherwise) to relocate the Light Standard or any equipment or utilities of LESSOR or any City Entities or other sublessees or licensees located on such Light Standard .
29. DEFAULT. In the event there is a default by either party with respect to any of the provisions of this Agreement or its obligations under it, including the payment of rent, the non-defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have fifteen (15) days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure is such that it reasonably requires more than thirty (30) days and the defaulting party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-defaulting party may not maintain any action or affect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Section. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney’s fees and costs of suit.
30. ENVIRONMENTAL.
A. LESSEE shall not bring any Hazardous Materials onto the Premises/Property, except for those contained in its back-up power batteries and common materials used in City of Palmdale
Wireless Master Plan Study Implementation
59 telecommunications operations. “Hazardous Materials” shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation, including petroleum and asbestos. LESSEE will treat and dispose of any Hazardous Materials brought onto the Premises/Property by it in accordance with all federal, state and local laws and regulations.
B. LESSOR will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Property, unless such conditions or concerns are caused by the activities of LESSEE.
C. LESSEE will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in any way related to the Premises, unless such conditions or concerns are caused by the activities of LESSOR.
D. LESSOR shall hold LESSEE harmless and indemnify LESSEE from and assume all duties, responsibility and liability at LESSOR’s sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by LESSEE; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE.
E. LESSEE shall hold LESSOR harmless and indemnify LESSOR from and assume all duties, responsibility and liability at LESSEE’s sole cost and expense, for all duties, responsibilities, and liability (including but not limited to payment of penalties, sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is in any way related to: (i) LESSEE’S failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene concerns or conditions as may now or at any time hereafter be in effect, unless such non-compliance results from conditions caused by LESSOR; and (ii) any environmental or industrial hygiene conditions arising out of or in any way related to the condition of the Premises or activities conducted thereon by LESSEE, unless such environmental conditions are caused by LESSOR.
31. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within sixty (60) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt LESSEE’s operations at the Premises for more than sixty (60) days, then LESSEE may at any time following such fire or other casualty, provided LESSOR has not commenced the restoration required to permit LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty (20) days written notice to LESSOR. Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement. If LESSEE decides not to terminate this Agreement, Rent shall be abated proportionally to the reduction of use.
City of Palmdale
Wireless Master Plan Study Implementation
60 32. CONDEMNATION. In the event of any condemnation of the Premises, LESSEE may terminate this Agreement upon fifteen (15) days written notice to LESSOR. LESSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for losses related to the antennas, equipment, its relocation costs and its damages and losses, and any other amount recoverable by LESSEE under condemnation law (but not for the loss of its leasehold interest). Any such notice of termination shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment as of such termination date with respect to payments due to the other under this Agreement.
33. SUBMISSION OF LEASE. The submission of this Agreement for examination does not constitute an offer to lease the Premises and this Agreement becomes effective only upon the full execution of this Agreement by the Parties. If any provision herein is invalid, it shall be considered deleted from this Agreement and shall not invalidate the remaining provisions of this Agreement.
34. APPLICABLE LAWS. LESSEE shall use the Premises for the use described herein in accordance with applicable laws, rules and regulations. LESSOR agrees to keep the Property in conformance with all applicable, laws, rules and regulations and agrees to reasonably cooperate with LESSEE regarding any compliance required by LESSEE in respect to its use of the Premises.
35. SURVIVAL. The provisions of the Agreement relating to indemnification from one Party to the other Party shall survive any termination or expiration of this Agreement. Additionally, any provisions of this Agreement, which require performance subsequent to the termination, or expiration of this Agreement shall also survive such termination or expiration.
36. CAPTIONS. The captions contained in this Agreement are inserted for convenience only and are not intended to be part of the Agreement. They shall not affect or be utilized in the construction or interpretation of the Agreement.
37. PROPERTY SPECIFIC ACCESS RULES/REGULATIONS. To the extent that such rules are not inconsistent with or do not interfere with LESSEE’s rights herein, LESSEE agrees to abide by all rules and regulations of the Property and Premises imposed by LESSOR as set forth in Exhibit D, attached hereto, as the same may be changed from time to time upon reasonable notice to LESSEE.
These rules and regulations are specific to the Facilities site and are imposed to insure the proper maintenance, good order and reasonable use of the Premises and Property and as may be necessary for the enjoyment of the Premises and Property by both parties hereto.
38. POWERING DOWN DURING MAINTENANCE / REPAIR
(Not applicable to free-standing/independent Communications Facilities). LESSEE agrees that during all maintenance on the Light Standard by the LESSOR or other lessees or users of the Light Standard, while following the procedures and guidelines set forth by the Occupational Safety and Health Administration (OSHA) and the FCC implementing the National Environmental Policy Act of 1969, when continuing transmission is deemed unsafe for maintenance personnel (based upon standards promulgated by a governmental authority having jurisdiction over LESSEE) due to radiation, the effected transmitters of LESSEE will be turned off until the unsafe condition no longer exists. The earliest practicable notice will be given to LESSEE using the information in Exhibit E, as applicable.
39. TERMINATION.
A. Compelled Termination: If, during the lease term, there is a determination made pursuant to an unappealable order of a county, state, or national governmental health agency having proper jurisdiction over LESSEE’s operations that LESSEE’s use of the Premises poses a human health hazard which cannot be remedied and that LESSEE must cease all operations on the Premises, then LESSEE shall immediately cease all operations on the Premises. In the event the Federal Communications Commission, or any successor agency, makes a determination which is final and non- appealable or which is affirmed and becomes final after the exhaustion of all available appeals concluding City of Palmdale
Wireless Master Plan Study Implementation
61 that LESSEE’s use as set forth in this Agreement presents a material risk to the public health or safety and that LESSEE must cease all operations on the Premises, LESSOR may terminate this Agreement upon fourteen (14) days notice to LESSEE.
B. Termination by LESSEE: LESSEE may terminate this Agreement by notice to LESSOR if (i) LESSEE does not obtain all permits, consents, easements, non-disturbance agreements or other approvals (collectively “approval”) reasonably desired by LESSEE or required from any governmental authority or any third party related to or reasonably necessary to operate, install, maintain, replace, or remove LESSEE’s Facilities, or if any such approval is canceled, expires or is withdrawn or terminated without any fault of LESSEE, or (ii) LESSOR fails to have proper ownership of the Premises or the authority to enter into this Agreement, or (iii) for any reason or no reason after the first ten (10) years, only with twelve (12) months’ written notice to LESSOR, or (iv) the Property or LESSEE’s Facilities are, or become, unacceptable under LESSEE’s design or engineering specifications for LESSEE’s Facilities or the communications system to which LESSEE’s Facilities belong, so long as Lessee pays Lessor a termination fee equal to six (6) months rent at the then current rate or (v) LESSOR fails to cure a default pursuant to Section 29. Upon termination, all prepaid rent shall be retained by LESSOR, unless termination is pursuant to (ii) above or (v) above as the result of LESSOR’s default.
C. Termination by LESSOR: LESSOR may terminate this Agreement if LESSEE fails to perform any of its obligations pursuant to this Agreement (including all attached Exhibits/Attachments) after giving written notice to LESSEE and reasonable time to cure as set forth in Section 29.
40. MISCELLANEOUS PROVISIONS.
A. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and each party shall indemnify the other fully, including reasonable costs and attorney’s fees, for any injuries or damages incurred in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
C. LESSOR shall not have unsupervised access to LESSEE’s equipment and LESSEE’s Facilities, except in cases of exigent circumstances or emergency situations.
D. Lessor acknowledges that Lessee may enter into financing arrangements including promissory notes and financial and security agreements for the financing of Lessee’s Facilities (the “Collateral”) with a third party financing entity and may in the future enter into additional financing arrangements with other financing entities. In connection therewith, Lessor (i) consents to the installation of the Collateral to the extent that the Collateral is part of the approved Lessee’s Facilities; (ii) disclaims any interest in the Collateral, as fixtures or otherwise, whether arising at law or otherwise, including, but not limited to any statutory landlord’s lien ; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings, except to the extent the cost of such Collateral has been reimbursed by an additional communications provider pursuant to Paragraph 25(b), above.
***SIGNATURES ON FOLLOWING PAGE***
City of Palmdale
Wireless Master Plan Study Implementation
62 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST: CITY OF PALMDALE
________________________ _________________________
Clerk of the Council City Manager
APPROVED AS TO FORM:
City Attorney
LESSEE:
Royal Street Communications California LLC,
a Delaware limited liability company
By:
Printed Name:
Its:
Date:
City of Palmdale
Wireless Master Plan Study Financial
63 Financial
Rewards and Risk
The major benefit of the city leasing their land to the wireless industry is the additional income stream that is created from the lease. When a site has been identified with as a potential site there is always a value to it. Both parties involved in the contract have different objectives in regards to the lease terms. The city’s desire is to maximize their revenue and minimize any loss of aesthetics or land area. The carrier, on the other hand, is focusing on the potential ret urn on their investment, which is dictated by consumer demand surrounding that site.
Lease rates negotiated by the wireless carriers vary depending on the individual carrier, the return of investment of the site, and any additional value that may be offered to the lessor. As with most rewards there are risks , such as a particular carrier merging or going out of business.
Risks
In the competitive and merging environment of the wireless industry, there is risk in the execution of a lease. There is risk , for example, in the termination of a contract or technological advances can supersede the equipment on leased land.
Another option that is presented in the lea se is a contract renewal date. If the carrier decides, typically for business purposes, that the cost of the tower is not worth the return they will not renew the contract, therefore the land owner will not receive the rent.
The capital cost of a wireless communication facility has typically depreciated in value over fifteen years, reducing the carrier c apital commitment to the site. Within the demand of the customers at that specific site it could become obsolete, risking the termination of the contract.
Monetization
One way to capitalize on the unforeseen loss is to receive the net pr esent value of the lease. ATS evaluates the existing wireless facility to determine the potential obsolescence of the site’s technology. The lease is also reviewed to make any recommendations to the lessor to increase the net present value of the deal.
There are several companies working for wireless carriers who attempt to retrade the in place income of the lessor with discounts of up to 50%. All these discounts come out of the lessor pocket. Additionally after ten years, with the escalation of the monthly lease rate, the income stream is 33% to 40% higher than the initial lease rate and $500 to $1,000 higher than the current market rate . Renegotiating the lease results in a half million dollar savings to the wireless company.
City of Palmdale
Wireless Master Plan Study Design Standards
64 Design Standards
The cell site design standards are presented below with a brief description of the appearance and its typical use.
General Types of Cell Sites
Antennas and Mounting Systems:
• Whip antenna –a thin, metal/fiberglass pole that serves as a receiving and transmitting device. Typically, this antenna measures 18 inches to ten feet in length and one -half inch to four inches in diamet er. This is typically installed on fire department buildings, police department buildings and city maintenance facilities. • Light standard with flush- mounted antennas – usually found at sports fields with ballpark lighting. The antenna panels are mounted near the pole and under the lights. However, antennas can also be placed within a “stealth” cylinder on top of a light standard.
• Flagpole antenna – a slim line monopole with a flag attached . I t has a thicker diameter than a typical flagpole.
• Monopole – a tall pole topped with a triangular structure to mount the antenna array. This one of the earlier design types used for wireless communications facilities.
• Slim-line monopole – a slender pole mounted with a four - to six-foot high radome that has an 18- to 24-inch diameter to conceal the antennas. • Lattice power line towers – a design takes advantage of the existing lattice tower power transmission used by the utility companies.
• Water tank – uses a pre-existing, above-ground structure to attach antennas. • Monopine – similar to a monopole design pole with simulated bark covering, in addition to simulated branches and pine needles.
• Monopalm – covers a monopole design with palm fronds and a growth pod as a means to hide the cell site’s antennas.
• Monobroadleaf – mimics a broadleaf tree to hide antennas , using the same monopole structure.
• Lollypop – consists of a thin pole that holds a panel antenna. It is employed in open space or below the ridgeline in canyons or areas of hilly terrain . Sometimes the antenna is blended with faux or natural vegetation.
• Building façade mounted antenna – installed by flush- mounting the antenna to the building’s façade and painting it to match the wall’s color and texture . In some cases, the antenna is incorporated into or hidden by one of the structure’s design elements.
• “Stealth” installations – A “stealth” installation include monuments, faux chimney , rooftop parapet, rooftop screen walls , steeple, clock tower , faux rocks, faux water tanks
o
City of Palmdale
Wireless Master Plan Study Design Standards
65 Proposed Design Standards
We recommend that the City adopt the following design standards into all cell site development guidelines:
Antenna Mounting Systems:
Whip Antennas
• Antennas 18 inches or less in length should be allowed on any existing structure and zone.
• Antennas 60 inches or less in length should be allowed on any commercial or industrial building provided that the antenna does not exceed the roof line by more than ten feet.
• A whip antenna’s base should be set back from the roof’s edge by a distance equal to its height.
Light Standards
• Allowed in all zones with low profile/flush -mounted antennas and up to 35 feet high.
• Antennas should be painted to match the light standard and all cables should be concealed within the light standard.
• The radome should not exceed 18 inches in diameter and 6.5 feet in height. • New ball field light standards should be subject to conditional use permits, as long as they do not exceed 65 feet in height.
Flagpoles
• If the pole does not exceed 55 feet in height, and the antenna is concealed inside the pole, Flagpoles should be allowed in any zone. • The radome must not exceed an 18-inch diameter.
• The poles must be abl e to fly flags. If the flags are U.S. flags that are not removed every day at sunset, the flagpoles must be lit. • The pole diameters should be the minimum necessary to meet engineering requirements to accompany and conceal the inner coaxial cabling. • Different carriers’ antennas should be distributed on multiple light poles to minimize the poles’ overall diameters.
Monopoles
• Not allowed, except as “slim-line” monopoles.
• New antenna co-location on existing sites should only be permitted by a conditional use permit.
Slim-line monopoles
• Antennas and cables should be mounted inside the structures and the radomes exceeding an 18-inch diameter should not be allowed.
• The structures’ colorings should be light grey, olive green or light blue to better blend in with their backgrounds.
Lollypop antenna
• Approved only when other “stealth” installation types are more intrusive, such as on steep slopes or hillsides where they attract more attention. • Installed below ridgelines wherever possible to stop the antennas’ pro files from appearing above a slope top.
• Cross braces between individual antenna poles add additional bulk to the installation, and should be discouraged.
City of Palmdale
Wireless Master Plan Study Design Standards
66 • Antennas and their support poles must be painted the appropriate colors that match the surrounding environment.
• In cases where irrigation is available, natural shrubs must be planted behind lollypop antennas.
• In cases where irrigation is unavailable or impractical, faux shrubs (subject to staff review) are installed to conceal antenna arrays.
• All coaxial c ables that connect the antennas to their accompanying telecommunications equipment cabinet are run underground. • The antennas’ heights from the base do not exceed 15 feet.
Building façade mount
• Patch (usually 12 inches high) antennas and antennas less than 1.5 square feet in surface area that are mounted to a building façade are covered and painted to match existing façade’s color and texture. They are also mounted flush to the building or with low- profile brackets, as well as skirted. The antennas’ profile does not extend more than 12 inches from the building façade’s face. • Antennas with surface areas greater than 1.5 square feet that are mounted any commercial building’s façade are fully screened using materials that match the existing façade’s color and texture.
• Antenna screening systems must be architecturally integrated to the greatest possible extent.
• Antenna screens must be fully enclosed to prevent birds from nesting in the screen structures.
• The façade mounted antennas and screening must not exceed 18 inches from the existing building’s face and must be designed to the minimum feasible depth. • The structure’s walls, conduits, chases or concealment type devices that are integrated into the building’s architecture must hide all coaxial cables to the greatest possible extent. All exposed cable is painted to match the underlying surface.
Lattice towers
• No new types of lattice towers should be allowed.
Power line towers
• Co-location on existing power line towers should be allowed. • Antennas should be mount ed to the vertical portion of the structure, using low - profile mounting brackets.
• All pipe -mounts must be concealed behind the antenna. The accompanying coaxial cables should be run on the tower structures inside. • Accompanying telecommunications equipment should be located under or close to the tower structure. The equipment should be enclosed by a screen.
Water tanks
• Antennas mounted on the top of the structure should be concealed behind screening that does not exceed six feet.
• Antennas, coaxial cables, and screening should be painted to match the color of the structure.
City of Palmdale
Wireless Master Plan Study Design Standards
67 Faux tree design specifications:
Monopine
• Designed for a minimum of two carriers.
• Have 3.1 branches per foot for full -density coverage, limiting spacing between the branches. Seventy percent of the branches should be eight feet or longer. • Branch dispersal is random, with intermingled long and short branches, to appear natural.
• Branches extend beyond all antennas by at least 12 inches in length. • Branches begin 15 feet above the ground.
• A five foot minimum space exists between the top of the antenna and the top of the faux tree.
• Branch foliage is multicolored with greens and browns, and match ing those of a natural pine tree. The foliage is extruded (made from plastic) in these colors instead of painted. A sample is submitted for City approval prior to fabrication. • A bark cladding sample with custom color is submitted for City approval prior to fabrication.
• ”Pine needle antenna socks” that match the approved foliage colors cover all antennas.
• Antennas are mounted using “stand -off mounts” (horizontal, frame -type mounts are unacceptable). Antennas support pipe mounts, which are painted a darker shade of green or black with a “flat” paint finish that reduces reflection and mounting visibility.
• Coaxial cables access the structure through the base. Raised ice bridges or cable trays are unacceptable.
• Monopine structure height is forty feet, unless a greater height is authorized.
Monopalm
• Structure is designed for a minimum of two carriers if possible. • The monopalm structure possesses sufficient palm fronds to simulate a natural palm tree.
• The growth pod and/or the monopalm trunk conceal the antennas. • A minimum space of five feet exists between the top of the antenna and the top of the faux tree’s palm fronds.
• Frond foliage color varies in olive green shades to simulate palm tree colors. A sample palm frond is submitted for City approval prior to fabrication. • A custom-colored sample of bark cladding is submitted for City approval prior to fabrication.
• The tower (trunk) conceals all coaxial cables, which access t he structure through the base. Raised ice bridges or cable trays are unacceptable. • The monopalm structure’s height is forty feet (tower portion), unless a greater height is authorized.
Monobreadleaf
• Designed for a minimum of two carriers.
• The monobroadleaf structure possesses a sufficient branch count to conceal all antennas.
• Branch dispersal is random, with intermingled long and short branches, to appear natural.
• Branches exceed all antennas by at least 12 inches.
• Branches begin 15 feet above the ground.
City of Palmdale
Wireless Master Plan Study Design Standards
68 • A minimum space of five feet appears between the top of the antenna and the top of the faux tree.
• Branch foliage (leaves) possess varying colored “leaves” to mimic a real broadleaf tree. The foliage is extruded in these colors instead of painted. A sample branch with foliage must be submitted for City approval prior to fabrication.
• A custom-colored sample of bark cladding is submitted for City approval prior to fabrication.
• ”Leafed antenna socks” that match the approved foliage color must cover all antennas.
• Antennas are mounted using “stand -off mounts” (horizontal, frame -type mounts are unacceptable). Antennas conceal support pipe mounts and must be painted a darker shade of green or black with a “flat” paint finish that reduces reflection and mounting visibility.
• The tower conceals all coaxial cables, which access t he structure through the base. Raised ice bridges or cable trays are unacceptable. • The monobroadleaf structure’s height is for ty feet, unless a greater height is authorized.
“Stealth” antenna:
Monument
• Designed to coincide with environmental conditions.
• Installation height allowed for two carriers , or a minimum of 38 feet.
Faux chimney
• Should be allowed , depending upon the extent of the site application’s integration with the existing building’s architecture.
• The antenna’s number, height, width and depth must balance with the existing structure’s bulk and scale.
• Must not exceed ten feet above the maximum roof height for all lev el-roofed buildings.
• Must not exceed the maximum roof height of a peak-roofed building.
Rooftop parapet
• Installation must be screened, all around, to match existing color and texture of Parapet.
• A parapet extension must not exceed five feet above the existing parapet and integrate architectural with the existing building.
Rooftop screen wall
• Do not exceed ten feet above the maximum roof height for level -roofed buildings.
• Walls are screened on all sides.
• Walls are set back at least three feet from the roof’s edge. • Walls match or complement the building façade’s color and texture.
Steeple
• Antennas mounted inside existing steeples can utilize the full space, • Must match the existing structure’s color and texture and be fully screened. • Any modification to the steeple’s outward appearance requires that it be integrated with the overall structural design.
City of Palmdale
Wireless Master Plan Study Design Standards
69 • New steeple construction on an existing structure is consistent with the current architectural design up to 45 feet (regardless of the zone’s underlying heig ht limit).
Clock tower
• A clock tower installation must be appropriate for the location, • It must be designed for a minimum of two carriers,
• The installation is allowed, up to 45 feet in height, depending upon the surrounding environment.
• The design is consistent with the environmental setting.
Equipment location & screening systems:
• All equipment installation types require all coaxial, telephone and electrical cables/wires to be concealed.
Equipment vault
• Below ground equipment vaults are encouraged fo r all wireless installations at park facilities, parking lots and wireless facilities in the public right-of-way.
Tenant improvement
• Tenant improvement is encouraged for all wireless installations on existing buildings, where sufficient space is available within the building’s interior. If sufficient space is not available within the existing building structure, equipment room additions are allowed subject to standard building codes. Equipment room addition design is consistent with the existing building’s architecture and must be effectively mitigated with the required landscape setbacks.
Prefabricated equipment shelter
• These shelters are discouraged for most wireless installation applications.
Prefabricated equipment shelters can be utilized in commercial areas where the shelter is not visible to any public view.
Site constructed equipment shelter
• These shelters are encouraged, provided that they are architecturally integrated into the surrounding environment. Equipment shelter heights must not exc eed that which is consistent with the adjacent building. Air conditioning condensing units (A/C units) must be located on the ground adjacent to the structure or mounted in the roof. A/C units must be fully screened, and they must not exceed any applicable noise ordinances. Landscape standards also apply.
Outdoor telecommunications equipment cabinet
• These cabinets must be located within equipment enclosures (except telecommunications equipment in the public right -of-way), with sufficiently high walls that completely conceal the equipment cabinets from public view.
Equipment enclosures must have lattice- type covering to prevent unauthorized access. All city screening and mitigation requirements also apply.
Rooftop equipment platform
• These platforms must be fully screened and, if possible, integrated with a rooftop antenna installation. Equipment screening height must not exceed ten feet above the maximum roof height or level-roofed buildings and others are subject to staff review.
City of Palmdale
Wireless Master Plan Study Design Standards
70 In evaluating the appropriate design for a particular property, existing uses of the property, landscaping and optimal location of the facility must be considered.
As the wireless industry and its services evolve, its equipment will change as well. The WMP will need periodic updates to incorporate the wireless industry’s changing environment and the progress made toward “stealthing” antennas and equipment.
Proposed Designs
PMD - 026 - M-12 & 10
th Street E
A large parcel of property that is vacant and could become be an industrial area in the future .
The property is part of the redevelopment agency. The monopine or monopole are examples of a proposed wireless facility that might be considered by the City for M -12 & 10th Street E. This example would be able to handle the three carriers needed for this location and is extremely viable.
PMD - 028 - Avenue Q & Carriage Way
A large parcel of property that is vacant and located near the Auto Center. The property is part of the redevelopment agency and is an extremely high traffic a rea. The monopine, monopole or monopalm are examples of a proposed wireless facility that might be considered by the City for Avenue Q & Carriage Way. This example would be able to handle the two carriers needed for this location and is extremely viable.
PMD - 295 - N of Avenue S, East of 70
th Street E
A large parcel of property that is vacant and located across the street from William J. Pete Knight High School. Two monopine s or monopoles are examples of a proposed wireless facility that might be considered by the City for this location. This example would be able to handle the six carriers needed for this location and is extremely viable.
PMD - 151 - 30th Street E & Avenue R-4
This is a small parcel of property that is used as a drainage easement and located near a residential area. This property has limited space but the City might consider a monopole for the proposed wireless facility. This example would be able to handle the one carrier needed for this location.
PMD - 264 - 12th Street W & Avenue M-14
This is a small parcel of property that is also used for drainage. This property has limited space but a monopole located in the NE corner of the property would be a proposed wireless facility that the City might consider for this location. This example would be able to handle the one carrier needed for this location.
City of Palmdale
Wireless Master Plan Study Design Standards
71 PMD - 031 - Avenue Q-2 & 5th Street E
This parcel has limited space and is located in a housing redevelopment area. Should the City determine to allow this site for a wireless communications facility, relocation language would allow the site to be redeveloped with the site. An alternative design would be to relocated the facility to the public right of way.
PMD – 238 – 33rd Street E & Conestoga Canyon Road
This parcel has limited space and it would be extremely difficult to design. The site could be built as a street light in the public right of way with the equipment located on the adjacent City property.
While this location was identified as the center of where the wirel ess facility would go, an alternative City property down the street would be suggested alternative to locate the facility.
There is no guarantee that the site down the street would work as it is about a third of a mile away and may locate the proposed facility too close to another facility.
City of Palmdale
Wireless Master Plan Study Wireless Communications Background
72 Wireless Technology Background
“Wireless telecommunications” generally describes those services known to the Federal Communications Commission (FCC) as Commercial Mobile Radio Services (CMRS). Currently, the majority of CMRS is encompassed within the radio telephony segment: Cellular Telephone Services (800 to 900 MHz range), Personal Communications Services (PCS) (1800 to 1900 MHz range), and Specialized Mobile Radio (SMR). By the end of 2003, 97% of U.S. residents had access to three or more providers of these services, and more than 160 million people subscribed to these services. Nationwide, over 54% of the population use CMRS services, and in Southern California, over 61% utilize CMRS services. During 2003, radio telephony generated over $88 billion in revenue. These facts prove that CMRS, and especially radio telephony, are major factors in the majority of the United States population’s daily lives.
Modern radiotelephony began with analog Cellular Telephone Service. While AT&T originally developed cellular technology in 1958, it did not become commercially available until the FCC began licensing cellular providers in 1982. Cellular licenses are allocated in two bands (A & B) within the 800 MHz area of the radio spectrum. Since 1991, two carriers have been licensed in each of the nation's 734 Cellular Market Areas. During the 1990s, most cellular service was transitioned from analog to digital signal transmission. A lthough cellular operators must retain analog service availability until 2008, digital se rvice greatly improved reception for cellular customers.
In addition to Cellular Telephone Service, first generation services also include Specialized Mobile Radio (SMR), whose best known provider in Southern California is Nextel. In 1979, the FCC began licensing SMR in both the 800 MHz and 900 MHz bands and, since that time, the FCC has also auctioned off spectrum for SMR services. To date, 1900 MHz of exclusive spectrum and 7.5 GHz of shared spectrum are allocated to SMR. SMR provides for both one -on-one and simultaneous group communications through "dispatch mode" operations. It also provides radiotelephony through "interconnected mode" operations, which connect the radios to the regular land line telephone network. Due to various interference issues between SMR and public safety radio systems, the federal government requires SMR providers to relocate from the 800 MHz band to the 1900 MHz band.
In 1995, the second generation of radiotelephony services was introduced with the advent of Broadband PCS. PCS integrates cellular telephony with additional services, such as paging and text messaging. Digital signals in the 1850 -1990 MHz bands deliver all PCS services. Unlike cellular, whose spectrum was allocated by the FCC through traditional regulatory licensing, Broadband PCS spectrum was allocated through auctions. The A and B blocks of the Broadband PCS spectrum, both of which are 30 MHz wide, were auctioned on the basis of 51 Major Trading Areas (MTAs). The remaining blocks (the 30 MHz C block and the 10 MHz D, E and F blocks) were auctioned based on 493 Basic Trading Areas (BTAs).
The third generation of radio telephony, commonly called “3G,” is generally implemented as a Broadband PCS enhancement. 3G technology requires high -speed digital transmission to support various multimedia applications, including email and internet access. The FCC also plans to auction an additional 90 MHz of spectrum, in the 1710- 1755 MHz and 2110 -2155 MHz bands, specifically for advanced wireless services like 3G and 4G. Fourth g eneration, known as “4G” or “beyond 3G,” will provide high -speed advanced wireless communication services, City of Palmdale
Wireless Master Plan Study Wireless Communications Background
73 including comprehensive IP solutions that deliver voice data and multimedia to users at any location and/or time.
In addition to radiotelephony, CMRS includes two other elements: paging and Narrowband PCS.
Licensees in these spectrum bands provide paging and both one - and two-way text messaging services. While these services may seem outdated, companies continue to find new market niches that need or desire these services.
Evolution of Wireless Technologies
Current cellular technology provides users with access to television broadcasts and live streaming video. The future of wireless technology promises an utterly ubiquitous wireless environment that offers even greater global high-speed data service access for a wide variety of devices. The emergence of the 802.16 (WiMAX) standard adds a new opportunity to provide high-speed data access to a new wave of Internet users. As the successor to 802.11a/g ai med at consumer applications that require very high throughput (like HDTV and streaming video), 802.11n possesses a fourfold increase in bandwidth to support increasing demands of high volume data networks over the next few years.
These technologies will continue to evolve and cross-pollinate with both licensed and unlicensed bands, including PCS and VoIP (voice -carrying) networks. Hence, there is a common opinion throughout academia, industry and business that the current wireless technology fulfills nei ther current nor future demands," according to those behind the Wireless Gigabit with Advance d Multimedia (WIGWAM) project. WIGWAM is seen as an early version of the next generation of 802.11n looking for Gbps speeds, which is the interactive speed and bandwidth necessary for the next generation of wireless services.
These new technologies and services entice both youth and adult markets . However, the majority of marketing dollars are spent on the youth market – with an age range of 12 to 24 years old – even though they do not make up the majority of the population. Wireless companies promote new cell phones, such as Helio and Amp’d Mobile, to provide these services. Helio’s commercial, which states, “It’s not a phone,” accurately captures the new direction in which these devices are moving.
As a result, many more cell sites are necessary to provide future services. Over the next few years, the landscape of wireless technology, new devices and the bandwidth necessary to meet the demands of the consumer will be dynamic. As wireless technology evolves, its supporting infrastructure will change in order to keep pace with new consumer needs. Technological evolution cannot occur if the infrastructure necessary to support it does not exist, and analysts anticipate that the number of existing cell sites, for any given area, will double or triple in order to provide the bandwidth needed for these services.
Many industry analysts also expect that devices like PDAs, iPods, cameras, video cameras, and even wallets will be replaced by multiple- feature cell phones. Unlike Europe, Asia and South America, the United States has been slow to embrace these new technologies and services, but a growing number of companies believe that the American consumer is finally ready.
City of Palmdale
Wireless Master Plan Study Wireless Communications Background
74 DAS Networks
Carriers often face poor signal quality in areas that are topographically isolated or in high - density urban environments. Moreover, when trying to improve their Quality of Service (QoS) by constructing new towers, they face opposition from local communities. These issues couple with the needed bandwidth for today’s mobile data communications services, requires a new approach to efficiently develop network infrastructure.
The Distributed Antenna Systems (DAS) network is an emerging phenomenon in wireless network deployments. While DAS is not new technology, it possesses a new application with outdoor open network usage. Traditionally, DAS networks were utilized in indoor environments like subways, tunnels, sports complexes, airports and convention centers.
DAS networks typically use existing infrastructure, such as telephone poles and streetlights, to expand carrier networks. They deploy small antennas distributed throughout a geographic area.
The antenna locations, referred to as “nodes,” are interconnected by fiber optic cables to a central hub location. One remarkable aspect of a DAS network is its usage of shared infrastructure to support multiple wireless carriers within defined geographical areas.
This network solution promises to add ress many of the carriers’ coverage and capacity needs, while also minimizing the aesthetic and zoning issues that concern local governments.
However, DAS network deployments are still relatively unused when compared to the overall scheme of carrier deployments nationwide.
City of Palmdale
Wireless Master Plan Study Wireless Communications Background
75 Mergers and Acquisitions and Name Changes
Over the 15 years that wireless companies have been active, a number of mergers, name changes, and partnerships have occurred. The following table sorts out the various carriers:
Current Wireless Company Transactions
AT&T Wireless (the new AT&T
Wireless, formerly Cingular)
Renamed from Pac Bell Wireless
Purchased AT&T Wireless (who purchased LA Cellular)
Partnered with T-Mobile
Sold a portion of its combined network to T -Mobile,
dissolving partnership
Purchased spectrum rights from NextWave Telecom
Rebranded to AT&T (Completed 2007)
Nextel (Nextel) Provided Boost Mobile with prepaid services through joint venture with an Australian company
Merged with Sprint PCS, though it appears Nextel may
remain active as Sprint's business service (cite)
Currently required to relocate its spectrum to eliminate Public Safety Radio System interference issues
Sprint PCS (Sprint) Renamed from MCI
Acquired Cox PCS service
Merged with Nextel
Partnered with Virgin Group LLC to form Virgin Mobile
prepaid services
T-Mobile (Deutsche Telecom) Partnered with Cingular Wireless Purchased a portion of Cingular Wireless’ network and
certain spectrum rights as partnership dissolved
Partnered with Western Wireless
Verizon Wireless (Verizon) Purchased Airtouch Cellular
Acquired PacTel Cellular
T-Mobile and Cricket are relatively new players in the wireless industry; they previously shared their network with Cingular. However, the acquisition of AT&T Wireless required Cingular to divest part of its wireless network, so it chose to sell its former Pacific Bell locations to T -Mobile.
As part of this transition, each carrier is in the process of movin g their customers to separate networks in order to give each company time to fill in coverage holes.
In addition, two new wireless companies joined the Southern California market, Metro PCS (dba Royal Street Communications) and Modeo. While Metro PCS competes head -on with the other major wireless carriers, Modeo is a subsidiary of one of the major tower companies and is expected to use its infrastructure to develop its network.
City of Palmdale
Wireless Master Plan Regulatory Issues
76 Regulatory Issues
Federal
Three principal Acts allow Congress to provide a comprehensive federal regulatory scheme over wireless telecommunications, thereby preempting State and local regulations. The first Act is the Communications Act of 1934. This Act created the Federal Communications Commission (FCC), giving it regulatory responsibility for interstate communications, both wired and wireless. Second, the 1993 Omnibus Budget Reconciliation Act eliminates States’ abilities to regulate wireless providers ’ entries and rates.
Finally, the Telecommunications Act of 1996 overhauls the 1934 Act, focusing on creating a competitive telecommunications market by eliminating the barriers to entry and the "public utility model" monopolies that were the telecommunications industry’s principal features under the 1934 Act. The major exception to federal preemption under the 1996 Act is local zoning authority, which is specifically reserved for State and local governments.
Under the 1934 and 1996 Acts, the FCC exercis es regulatory authority over wireless communication providers, including spectrum allocation (through traditional public interest allocations or auctions), carrier licensing, and the design, manufacture and operations of equipment. In addition, the FCC enforces comprehensive radio frequency exposure regulations to protect the public from dangerous radio frequency emission levels.
Aside from the 1934 and 1996 Acts, wireless telecommunications providers may fall under a number of additional federal regulatio ns. In order to avoid being hazardous to air navigation, wireless facilities must comply with Federal Aviation Administration regulations with regards to height and proximity to airport facilities.
Projects in certain federal priority areas, including federal property, wilderness areas, wildlife preserves, endangered species habitats, historical sites, Native American religious sites, flood plains and wetlands may require environmental assessments under the National Environmental Protection Act.
Wireless facilities that contain backup battery and generator systems may also be subject to federal regulations under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and the Emergency Planning and Community Right- to- Know Act.
State
Due to federal preemption, the State plays a limited role in wireless telecommunications’ regulatory issues beyond the Labor, Tax and similar Acts applicable to all business enterprises in the State. The zoning exception, however, does provide an opportunity for State regulation.
City of Palmdale
Wireless Master Plan Regulatory Issues
77 Since the State generally delegates land use authority to local government, State regulation is generally limited to those special cases when the State retains zoning authority. Such cases include the Coastal Zone, where the Coastal Commission exercises regulatory authority, and hospital sites, where the Office of Statewide Health and Planning Development exercises authority. In addition, wireless facilities must meet the requirements of the California Environmental Quality Act (CEQA).
Local
The 1996 Act’s exception for zoning regulation causes local governments to have the most direct impacts on wireless facility locations and their visual appearances (with respect to placement, construction, and modification). However, this authority is limited.
Local governments may not "unreasonably discriminate among providers of functionally equivalent services," enact regulations that prohibit wireless facilities, or prohibit facilities based on the concern of radio frequency emissions, for which the FCC sets regulations.
Further, local governments are required to act in a timely manner on a wireless placement permission request. If a request is rejected, it must be placed in a written record that is supported by substantial evidence. Applicants who are denied authorization for facility placement may file actions in court that challenge the denial, and they are then entitled to expedited hearings in court. If a denial is based on radio frequency emission, the applicant may appeal that deni al to the FCC instead of the court.
The Telecommunications Act of 1996 (TCA) allows state and local governments to enact ordinances governing the placement of wireless telecommunications facilities [§TCA Section 332 (c)(7)]. Nonetheless, local governments become increasingly embroiled in lawsuits filed by the common carriers over restrictive local ordinances, violating Section 253(a) of the TCA [§ 253(a) -(e)(1994 & Supp. II 1996)) (hereinafter “removing barriers”)]. Recently, the courts have struck down restrictive ordinances or ordinances that are “so onerous” that they restrict wireless network development, as in the following case:
Sprint Telephony PCS, L.P. v. County of San Diego, Nos. 05-56076, 05- 56435 (9th Cir. June 13, 2007).
Local governments regulate, but cannot prohibit, wireless communication facility placement on sites like schools, in residential zones and in public rights -of-way.
Furthermore, according to the TCA
§ 332 (c)(7)(B), “Limitations (iv) - No State or local
government or instr umentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the commission’s regulations concerning such emissions.”
City of Palmdale
Wireless Master Plan Regulatory Issues
78 Radio Frequency Emissions
Wireless site emissions cannot be directly regulated by the City. The Telecommunications Act of 1996, 704 Section B, states that State or local governments may not regulate wireless faciliti es on the basis of environmental effects of radio frequency emissions if the applicant demonstrates compliance with FCC regulations.
It is important to understand the guidelines under which such sites are regulated. The government bases the Maximum Permissible Exposure (MPE) levels upon National ANSI, IEEE and international standards. The FCC established these health and radio emission standards, and the guidelines for measuring and analyzing RF Emissions were created by the FCC’s Office of Engineering an d Technology (OET) 65. This Office writes a periodic bulletin called “Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields.”
This bulletin aids engineers and other qualified persons, guiding them toward correct determinations about whether specific sites meet emission requirements. Typical cellular tower transmissions are relatively low in power, so FCC-outlined emissions rarely present issues. The distance from a transmitting antenna to the nearest struct ure is usually greater than the FCC requirement, and emissions fall well below the MPE threshold.
Another excellent FCC -oridyced reference is entitled, “ A Local Governments Official's
Guide to RF Emission Antenna Safety.” Rules, Procedures and Practical Guidance are available on the FCC's RF safety web page at www.fcc.gov/oet/rfsafety.
City of Palmdale
Wireless Master Plan Study Appendix “A”
79 Detailed Inventory of Wireless Communications Facilities Page Address Carrier Build
80 1529 E. Palmdale Blvd. Nextel Roof Mount – Stealth
81 2140 E. Palmdale Blvd. Sprint PCS Monopole
82 2272 E. Palmdale Blvd. AT&T Monopole
83 2272 E. Palmdale Blvd. Verizon Wireless Monopole
84 38115 30th Street AT&T Light Standard
85 4625 East Avenue R Sprint PCS Monopole
86 4862 East Avenue S AT&T Monopole
87 4862 East Avenue S T-Mobile Monopole
88 4616 East Avenue S Metro PCS Monopole
89 4616 East Avenue S Nextel Monopole
90 2540 East Avenue S Sprint PCS Flagpole
91 2200 East Avenue S AT&T Monopole
92 119 East Avenue S Sprint PCS Monopole
93 119 East Avenue S T-Mobile Monopole
94 119 East Avenue S AT&T Monopole
95 38630 5th Street West Nextel Roof Mount – Stealth
96 Elizabeth Lake Road & 60th
Street West AT&T Tower
97 4210 Elizabeth Lake Road AT&T Roof Mount – Stealth
98 4210 Elizabeth Lake Road T-Mobile Roof Mount – Stealth 99 39117 3rd Street AT&T Light Standard
100 39457 15th Street Nextel Monopole
101 1233 Rancho Vista Blvd. Sprint PCS Sign
102 1123 W. Rancho Vista Blvd. T-Mobile Roof Mount – Stealth 103 39702 30th Street West AT&T Monopole
104 41051 12th Street Nextel Monopine
105 41051 12th Street T-Mobile Monopine
106 41051 12th Street Verizon Wireless Monopine
107 41343 12th Street AT&T Flagpole
108 41343 12th Street T-Mobile Flagpole
109 190 Sierra Court Nextel Monopole
110 42035 20th Street East T-Mobile Monopole
111 42164 40th Street East Sprint PCS Monopole
112 901 E. Palmdale Blvd. AT&T Roof Mount – Stealth
113 Mount Hauser Station AT&T Tower
114 Mount Hauser Station Sprint PCS Tower
115 Mount Hauser Station Nextel Tower
City of Palmdale
Wireless Master Plan Study Appendix “A”
80 1529 E. Palmdale Blvd.
Site View
Aerial View
Site Address: 1529 E. Palmdale Blvd.
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.580363
Long: -118.101892
Elevation: 2628’ (AMSL)
Coord. System: NAD 84
Carrier: Nextel
Tower Type: Roof Mount - Stealth
Structure Ht: 45’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
81 2140 E. Palmdale Blvd.
Site View
Aerial View
Site Address: 2140 E. Palmdale Blvd.
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.578662
Long: -118.090247
Elevation: 2613’ (AMSL)
Coord. System: NAD 84
Carrier: Sprint PCS
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
82 2272 E. Palmdale Blvd. I
Site View
Aerial View
Site Address: 2272 E. Palmdale Blvd.
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.577067
Long: -118.088418
Elevation: 2617’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 37’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
83 2272 E. Palmdale Blvd. II
Site View
Aerial View
Site Address: 2272 E. Palmdale Blvd.
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.577067
Long: -118.088418
Elevation: 2617’ (AMSL)
Coord. System: NAD 84
Carrier: Verizon Wireless
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 35’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
84 38115 30th Street
Site View
Aerial View
Site Address: 38115 30
th Street
Palmdale, CA
Site County: Los Angeles
Property Type: Park
Coordinates: Lat: 34.574273
Long: -118.077424
Elevation: 2629’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Light Standard
Structure Ht: 50’ (AGL)
RAD Height: 50’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
85 4625 East Avenue R
Site View
Aerial View
Site Address: 4625 East Avenue R
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.573151
Long: -118.049214
Elevation: 2636’ (AMSL)
Coord. System: NAD 84
Carrier: Sprint PCS
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
86 4862 East Avenue S
Site View
Aerial View
Site Address: 4862 East Avenue S
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.556952
Long: -118.041389
Elevation: 2695’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Monopole
Structure Ht: 35’ (AGL)
RAD Height: 33’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
87 4862 East Avenue S
Site View
Aerial View
Site Address: 4862 East Avenue S
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.556952
Long: -118.041389
Elevation: 2695’ (AMSL)
Coord. System: NAD 84
Carrier: T-Mobile
Tower Type: Monopole
Structure Ht: 35’ (AGL)
RAD Height: 30’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
88 4616 East Avenue S
Site View
Aerial View
Site Address: 4616 East Avenue S
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.557211
Long: -118.047489
Elevation: 2481’ (AMSL)
Coord. System: NAD 84
Carrier: Metro PCS
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 35’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
89 4616 East Avenue S
Site View
Aerial View
Site Address: 4616 East Avenue S
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.557211
Long: -118.047489
Elevation: 2481’ (AMSL)
Coord. System: NAD 84
Carrier: Nextel
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
90 2540 East Avenue S
Site View
Aerial View
Site Address: 2540 East Avenue S
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.557267
Long: -118.083902
Elevation: 2704’ (AMSL)
Coord. System: NAD 84
Carrier: Sprint PCS
Tower Type: Flagpole
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
91 2200 East Avenue S
Site View
Aerial View
Site Address: 2200 East Avenue S
Palmdale, CA
Site County: Los Angeles
Property Type: Cemetery
Coordinates: Lat: 34.552919
Long: -118.089239
Elevation: 2771’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Monopoles
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
92 119 East Avenue S I
Site View
Aerial View
Site Address: 119 East Avenue S
Palmdale, CA
Site County: Los Angeles
Property Type: Open Space
Coordinates: Lat: 34.561501
Long: -118.128570
Elevation: 2930’ (AMSL)
Coord. System: NAD 84
Carrier: Sprint PCS
Tower Type: Monopole
Structure Ht: 35’ (AGL)
RAD Height: 30’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
93 119 East Avenue S II
Site View
Aerial View
Site Address: 119 East Avenue S
Palmdale, CA
Site County: Los Angeles
Property Type: Open Space
Coordinates: Lat: 34.561501
Long: -118.128570
Elevation: 2930’ (AMSL)
Coord. System: NAD 84
Carrier: T-Mobile
Tower Type: Monopole
Structure Ht: 35’ (AGL)
RAD Height: 35’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
94 119 East Avenue S III
Site View
Aerial View
Site Address: 119 East Avenue S
Palmdale, CA
Site County: Los Angeles
Property Type: Open Space
Coordinates: Lat: 34.561501
Long: -118.128570
Elevation: 2930’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Monopole
Structure Ht: 35’ (AGL)
RAD Height: 25’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
95 38630 5th Street West
Site View
Aerial View
Site Address: 38630 5th Street West
Palmdale, CA
Site County: Los Angeles
Property Type: Hotel
Coordinates: Lat: 34.584063
Long: -118.137873
Elevation: 2682’ (AMSL)
Coord. System: NAD 84
Carrier: Nextel
Tower Type: Roof Mount - Stealth
Structure Ht: 60’ (AGL)
RAD Height: 60’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
96 Elizabeth Lake Road &
60th Street West
Site View
Aerial View
Site Address: Elizabeth Lake Road & 60
th
Street West
Palmdale, CA
Site County: Los Angeles
Property Type: Private Property
Coordinates: Lat: 34.623071
Long: -118.233552
Elevation: 2896’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Tower
Structure Ht: 60’ (AGL)
RAD Height: 50’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
97 4210 Elizabeth Lake Rd. I
Site View
Aerial View
Site Address: 4210 Elizabeth Lake Road
Palmdale, CA
Site County: Los Angeles
Property Type: Ranch
Coordinates: Lat: 34.589683
Long: -118.204856
Elevation: 2863’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Roof Mount - Stealth
Structure Ht: 30’ (AGL)
RAD Height: 30’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
98 4210 Elizabeth Lake Rd. II
Site View
Aerial View
Site Address: 4210 Elizabeth Lake Road
Palmdale, CA
Site County: Los Angeles
Property Type: Ranch
Coordinates: Lat: 34.589683
Long: -118.204856
Elevation: 2863’ (AMSL)
Coord. System: NAD 84
Carrier: T-Mobile
Tower Type: Roof Mount
Structure Ht: 30’ (AGL)
RAD Height: 30’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
99 39117 3rd Street
Site View
Aerial View
Site Address: 39117 3rd Street
Palmdale, CA
Site County: Los Angeles
Property Type: Park
Coordinates: Lat: 34.592754
Long: -118.127960
Elevation: 2632’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Light Standard
Structure Ht: 50’ (AGL)
RAD Height: 50’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
100
39457 15th Street
Site View
Aerial View
Site Address: 39457 15th Street
Palmdale, CA
Site County: Los Angeles
Property Type: Private Property
Coordinates: Lat: 34.599427
Long: -118.104409
Elevation: 2593’ (AMSL)
Coord. System: NAD 84
Carrier: Nextel
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 35’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
101
1233 Rancho Vista Blvd. I
Site View
Aerial View
Site Address: 1233 Rancho Vista Blvd.
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.602045
Long: -118.148004
Elevation: 2675’ (AMSL)
Coord. System: NAD 84
Carrier: Sprint PCS
Tower Type: Sign
Structure Ht: 40’ (AGL)
RAD Height: 35’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
102
1123 W. Rancho Vista
Blvd.
Site View
Aerial View
Site Address: 1123 W. Rancho Vista Blvd.
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.604760
Long: -118.150035
Elevation: 2674’ (AMSL)
Coord. System: NAD 84
Carrier: T-Mobile
Tower Type: Roof Mount - Stealth
Structure Ht: 35’ (AGL)
RAD Height: 35’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
103
39702 30th Street West
Site View
Aerial View
Site Address: 39702 30th Street West
Palmdale, CA
Site County: Los Angeles
Property Type: Park
Coordinates: Lat: 34.604361
Long: -118.182670
Elevation: 2703’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
104
41051 12th Street I
Site View
Aerial View
Site Address: 41051 12th Street
Palmdale, CA
Site County: Los Angeles
Property Type: Construction Yard
Coordinates: Lat: 34.628549
Long: -118.152470
Elevation: 2602’ (AMSL)
Coord. System: NAD 84
Carrier: Nextel
Tower Type: Monopine
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
105
41051 12th Street II
Site View
Aerial View
Site Address: 41051 12th Street
Palmdale, CA
Site County: Los Angeles
Property Type: Construction Yard
Coordinates: Lat: 34.628549
Long: -118.152470
Elevation: 2602’ (AMSL)
Coord. System: NAD 84
Carrier: T-Mobile
Tower Type: Monopine
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
106
41051 12th Street III
Site View
Aerial View
Site Address: 41051 12th Street
Palmdale, CA
Site County: Los Angeles
Property Type: Construction Yard
Coordinates: Lat: 34.628549
Long: -118.152470
Elevation: 2602’ (AMSL)
Coord. System: NAD 84
Carrier: Verizon Wireless
Tower Type: Monopine
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
107
41343 12th Street
Site View
Aerial View
Site Address: 41343 12th Street
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.634820
Long: -118.152535
Elevation: 2576’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Flagpole
Structure Ht: 40’ (AGL)
RAD Height: 37’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
108
41343 12th Street
Site View
Aerial View
Site Address: 41343 12th Street
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.634820
Long: -118.152535
Elevation: 2576’ (AMSL)
Coord. System: NAD 84
Carrier: T-Mobile
Tower Type: Flagpole
Structure Ht: 35’ (AGL)
RAD Height: 32’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
109
190 Sierra Court
Site View
Aerial View
Site Address: 190 Sierra Court
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.639594
Long: -118.129859
Elevation: 2553’ (AMSL)
Coord. System: NAD 84
Carrier: Nextel
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
110
42035 20th Street East
Site View
Aerial View
Site Address: 42035 20th Street East
Palmdale, CA
Site County: Los Angeles
Property Type: SCE Station
Coordinates: Lat: 34.646943
Long: -118.095126
Elevation: 2482’ (AMSL)
Coord. System: NAD 84
Carrier: T-Mobile
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
111
42164 40th Street East
Site View
Aerial View
Site Address: 42164 40th Street East
Palmdale, CA
Site County: Los Angeles
Property Type: Farm
Coordinates: Lat: 34.650153
Long: -118.054088
Elevation: 2474’ (AMSL)
Coord. System: NAD 84
Carrier: Sprint PCS
Tower Type: Monopole
Structure Ht: 40’ (AGL)
RAD Height: 40’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
112
901 E. Palmdale Blvd.
Site View
Aerial View
Site Address: 901 E. Palmdale
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.579903
Long: -118.113999
Elevation: 2655’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Roof Mount - Stealth
Structure Ht: 35’ (AGL)
RAD Height: 35’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
113
Mount Hauser Station I
Site View
Aerial View
Site Address: Mount Hauser Station
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.547413
Long: -118.216607
Elevation: 5207’ (AMSL)
Coord. System: NAD 84
Carrier: AT&T
Tower Type: Tower
Structure Ht: 30’ (AGL)
RAD Height: 20’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
114
Mount Hauser Station II
Site View
Aerial View
Site Address: Mount Hauser Station
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.547283
Long: -118.213110
Elevation: 5103’ (AMSL)
Coord. System: NAD 84
Carrier: Sprint PCS
Tower Type: Tower
Structure Ht: 30’ (AGL)
RAD Height: 30’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
City of Palmdale
Wireless Master Plan Study Appendix “A”
115
Mount Hauser Station III
Site View
Aerial View
Site Address: Mount Hauser Station
Palmdale, CA
Site County: Los Angeles
Property Type: Commercial
Coordinates: Lat: 34.547283
Long: -118.213110
Elevation: 5103’ (AMSL)
Coord. System: NAD 84
Carrier: Nextel
Tower Type: Tower
Structure Ht: 30’ (AGL)
RAD Height: 30’
Line of Sight: Yes – 360 degrees
Last Update: November 2008
ATS SITE WALK SYNOPSIS
PROPERTY OWNER: ______________________________________________________ SITE/PROJECT #: _________________________________________________________ PURPOSE/TYPE OF WALK: _________________________________________________ DATE/TIME: _____________________________
Attendees:
Name Company Cell Phone # Email
1. ___________________________________________________________________________________________
2. ___________________________________________________________________________________________
3. ___________________________________________________________________________________________
4. ____
_______________________________________________________________________________________
5. ____
_______________________________________________________________________________________
6. ____
_______________________________________________________________________________________ I
ntroduction:
_____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ N
OTES:
_____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________
ASSESSMENT FOR FIBER DEVELOPMENT PLAN
CITY OF PALMDALE
BY:
Project Scope of Work
1. Review and Analyze the City’s Existing Fiber Infrastructure
2. Opportunities and Constraints to Enhance and/or Monetize the City’s Fiber Infrastructure
3. Identify Network Expansion Opportunities
4. Describe the Market place for Monetization of the City’s Fiber Infrastructure
5. Develop Draft Policy and Procedures for third-party access to the City’s Fiber Infrastructure (separate document)
City of Palmdale Fiber Map
Overview of the existing fiber network
• Fiber cable
• Approximately 36 miles
• 24-120 count
• Underground
• Conduit
• Mostly 3 ½” lines
Opportunities and Constraints to Enhance and/or
Monetize the City’s Fiber Infrastructure
OPPORTUNITIES
• Expand City’s fiber network infrastructure utilizing micro-trenching technologies to save costs and time.
• Market existing dark fiber to third-party carriers
• Market existing empty conduit to third-party carriers • Enter into fiber infrastructure sharing agreements with existing and future carriers
Opportunities and Constraints to Enhance and/or
Monetize the City’s Fiber Infrastructure
CONSTRAINTS
• Current design – Hub & Spoke (Bus) – not as desirable as ring topology.
• Existing fiber infrastructure by others (along the same paths) may render City’s infrastructure redundant.
• Limited footprint (both existing and planned expansion). • Perceived complications with public-private joint ventures. • Risk of potential disruption to City’s network due to accidental cutting of fiber.
The Marketplace for Monetization of the City’s Fiber
Infrastructure
• Pricing is variable and arbitrary.
• ROI based on demand and competition
• Dark fiber represents a revenue opportunity
• Various Pricing models
• ILEC’s (Incumbent Local Exchange Carriers)
• CLEC’s (Competitive Local Exchange Carriers)
• Data Transport Utility Companies
• Wireless Carriers
• Data center vendors
• Dark fiber customers (e.g. Wilcon, Crown Castle Fiber) • Tower Companies
• DAS (Distributed Antenna Systems) Neutral Host Providers • Companies with data access needs
Potential dark fiber / conduit customers:
EXISTING CONDUIT LEASE AGREEMENT -WILCON FIBER
• Competitive lease rate for
fiber optical cable in
Southern California.
• $0.49 per foot annually;
escalating at 2.5%
Wilcon Fiber Route 1
Wilcon Fiber Route 2
CURRENT OPPORTUNITIES (TODAY!)
• Provide the backhaul to access points in the public Right-of-Way • Market network infrastructure to generate incremental revenues while improving communications capabilities within the City.
WHY THESE OPPORTUNITIES EXIST
• Major carriers AT&T Mobility, Sprint, T-Mobile and Verizon Wireless deploying 5G between 2017 and 2025.
• Need for access points on utility poles, light poles and any other vertical infrastructure
• Fiber connectivity is critical to the overall deployment of 5G technologies.
MAINTAINING THE INFRASTRUCTURE
• City vaults and fiber need to be maintained and status updated in GIS
• Usage must be tracked
• Work on fiber must be done by certified technicians
• Current policy requires access to City fiber networks include direct supervision by public works.
Priorities for Future Fiber Development and
Monetization
• Ensure City’s current and future needs are met
• Develop and prioritize list for future 3rd party users • public and private
• Develop a community wide IoT/Smart City group to
capitalize on this resource
MEMORANDUM
To: ATS Communications Clients
From: Richard Paniagua, Consultant
Date: November 6, 2020
Re: FCC Report and Order 20-153
On October 27, 2020, the Federal Communications Commission adopted Report and Order FCC 20-153 .
This is an action to reduce regulatory barriers to 5G deployment by further streamlining the state and local government review process for modifications to existing wireless infrastructure involving excavation and deployment beyond existing site boundaries.
The new ruling provides that if excavating or deploying transmission equipment is required for a modification to an existing site, as long as either it is in an area no more than thirty (30) feet beyond the existing boundaries of the site, that it still is within the section 6409(a) of the Spectrum Act of 2012 . This means that such requests cannot be denied by state and local governments as it shall not be considered a substantial change in the physical dimensions of the site boundaries. The Order is consistent with prior Agreements and it also defines site boundaries in a way that accurately reflects prior state and local reviews.
The action taken will promote the deployment of 5G by facilitating collocation of antennas and ground equipment while still preserving the right of state governments and local jurisdictions to manage and protect land-use interests.
1 M E M O R A N D U M
To: Arista Hennessey, City of Palmdale
From: Tony Ingegneri, President, ATS Communications
Date: August 20, 2020
Re: Review of the 9th Circuit Court of Appeals Decisions on Petitions for Review of FCC Orders Issued In 2018 Concerning Small Cells
Request is made of ATS to review the recent above-captioned court decision and supply guidance and/or analysis to Palmdale. Below please find our Executive Summary, Recommendations, and select excerpts from the Decision.
Executive Summary
The Court of Appeals Small Cell Opinion (hereafter “Opinion”) demonstrates that they concur with the FFC and that instructions cannot be ignored. While cities and municipalities argue the rules are not clear, the court is stating that the rules are clear. With the exception of the aesthetics provision of the Opinion allowing local governments to regulate design, the Opinion is considered by the industry to be a big win for the wireless service providers.
In general, the Opinion is a defeat for cities and utilities. Although the regulation and legal climate has been in effect for 24 years (Telecommunications Act of 1996), this legal effort represents nearly the last stop. Should the cities and utilities choose to appeal the decision, the last stop is the Supreme Court. Considering the breadth and depth of the Option, it would be fruitless to appeal to the Supreme Court, in our view.
The Opinion shows that the court sides with the FCC in that municipalities cannot regulate wireless services through delays in review of applications, or through arbitrary zoning. As well, the “shot clock “rule will still be enforceable, and the timeframes have been shortened.
Utilities will continue to be heavily regulated by States and the Federal Government.
However, it is safe to say that all parties concerned can anticipate more court cases in the future. As 5G technology continues to grow nationally and additional siting issues arise, we are certain that there will be new litigation challenging different aspects of FCC regulations.
Recommendations:
a. Review existing codes with regard to Right of Way activity b. Review existing codes with regard to timeframes and application requirements for zoning and building permit issuance to ensure compliance
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
2 c. Honor the Shot Clock rule.
****************************************************************************** Selected Excerpts from the Opinion:
On Petitions for Review of Orders of the Federal Communications Commission:
Summary
This panel of Circuit Judges granted in part, and denied in part, petitions for review of three orders of the FCC concerning the newest generation of wireless technology known as “5G” that requires the installation of thousands of “small cell” facilities. Petitioners seeking review of the FCC orders are numerous local governments, public and private power utilities, and wireless service providers. The orders were published under the authority of the Telecommunications Act of 1996 (the “Act”). The orders, issued in 2018, are known as the Small Cell Order, the Moratoria Order, and the One Touch Make-Ready Order. The first two orders spelled out the limits on local governments’ authority to regulate telecommunications providers. The third order (One Touch) was intended to prevent owners and operators of utility poles from discriminatorily denying or delaying 5G installation and broadband service providers access to the poles.
Background
5G is so named because it is the 5th generation of cellular wireless technology. It is seen as transformational because it provides increased bandwidth, allows more devices to be connected at the same time, and is so fast that connected devices receive near instantaneous responses from servers.
Although 5G transmits data at exceptionally fast speeds, it does so over relatively short distances. For this reason, wireless providers must use smaller power-base stations in more locations, as opposed to the fewer, more powerful base stations used for 4G data transmission.
These smaller base stations, known as “small cells,” are required in such numbers that 5G technology is currently being deployed on a city-by city basis. The prospective proliferation of “small cell” structures throughout our cities, coupled with the inevitable efforts of local governments to regulate their looks and location, gave rise to the FCC’s Small Cell and Moratoria Orders - with which local governments are dissatisfied and which were issued under the general provisions of a decades-old statute.
The heart of these proceedings therefore lies in the early efforts of Congress, and now the FCC, to balance the respective roles of the federal government and local agencies in regulating telecommunications services for a rapidly changing technological world. A key statute in these proceedings is Section 253 of the Act. Entitled “Removal of Barriers to Entry,” it reflects
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
3 Congress’s intent to encourage expansion of telecommunications service. Section 253(a) provides that “no state or local statute or regulation may prohibit or have the effect of prohibiting telecom service.” At the same time Section 253(c) provides that state or local governments can manage public rights-of-way and require reasonable compensation for their use.
In dealing with mobile services, Section 332(c)(7) similarly preserves local zoning authority while recognizing some specific limitations on traditional authority to regulate wireless facilities. 47 U.S.C. § 332(c)(7); see City of Rancho Palos Verdes v. Abrams, 544 U.S. 113, 115 (2005) (explaining that section 332(c)(7) “imposes specific limitations on the traditional authority of state and local governments to regulate the location, construction, and modification of facilities”). Section 332(c)(7) also contains a limitation on local authority nearly identical to Section 253(a). See 47 U.S.C. § 332(c)(7)(B)(i)(II) (“The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government . . . shall not prohibit or have the effect of prohibiting the provision of personal wireless services.”). The other major limitation on local authority relates to ensuring fair treatment of different services. Under that limitation, local governments “shall not unreasonably discriminate among providers of functionally equivalent services.” Section 332(c)(7) further requires that state or local governments act on requests for placement of personal wireless service facilities “within a reasonable period of time.” The panel deals with issues pertaining to all these provisions in the challenges to the Small Cell and Moratoria Orders.
As relevant to this litigation, the most disputed provision of the Act has been Section 253(a).
The provision says that “no State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.”
This court’s leading case interpreting Section 253 is the decision in Sprint, 543 F.3d 571. In this they clarified an errant panel decision that had been concerned with the phrase “no State or local statute or regulation . . . may prohibit . . . ” in Section 253. That decision read the phrase to mean that Section 253 preempted any state or local regulation that “might possibly” have the effect of prohibiting service. They held in Sprint that more than “the mere possibility” of prohibition was required to trigger preemption. There must be an actual effect, and they recognized the continuing validity of the material inhibition test from California Payphone.
As a threshold issue, Local Government Petitioners argue that the FCC must demonstrate that an “actual prohibition” of services is occurring before preempting any municipal regulations, and that anything less than that showing is contrary to Section 253(a) and our decision in Sprint.
The panel rejected this argument. The FCC’s application of its standard in the Small Cell and Moratoria Orders is consistent with Sprint, which endorsed the material inhibition standard as a method of determining whether there has been an effective prohibition. The FCC here made
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
4 factual findings, based on the record before it, that certain municipal practices are materially inhibiting the deployment of 5G services. It was deemed that nothing more is required of the FCC under Sprint.
Local Government Petitioners raised a general objection to the Small Cell and Moratoria Orders, contending that the FCC, without a reasoned explanation, departed from its prior approach in California Payphone, and has made it much easier to show an effective prohibition.
California Payphone’s material inhibition standard remains controlling, however. The FCC has explained that it applies a little differently in the context of 5G, because state and local regulation, particularly with respect to fees and aesthetics, is more likely to have a prohibitory effect on 5G technology than it does on older technology. The reason is that when compared with previous generations of wireless technology, 5G is different in that it requires rapid, widespread deployment of more facilities. See, e.g., Small Cell Order ¶ 53 (explaining that “even fees that might seem small in isolation have material and prohibitive effects on deployment, particularly when considered in the aggregate (sum) given the nature and volume of anticipated Small Wireless Facility deployment”. The differences in the FCC’s new approach are therefore reasonably explained by the differences in 5G technology.
The FCC initiated proceedings leading to the Small Cell and Moratoria Orders in response to complaints from wireless service providers. They reported that a variety of state and local regulations and practices were delaying and inhibiting small cell deployment nationwide in violation of Section 253. Those state and local governments now seek review of the Orders.
Summarized below are the challenged provisions of each Order.
The FCC issued the Moratoria Order in August 2018, and the Small Cell Order in September of the same year. Two principal types of state and local regulation the FCC considered relate to fees and aesthetic requirements. The FCC concluded such requirements frequently materially inhibit 5G deployment. The FCC found that when state and local governments charge excessive fees for wireless facility applications, the cumulative impact of such charges amounts to an effective prohibition of deployment in other parts of the country. The FCC therefore limited the fees that a state or local government can assess, above a safe harbor amount, to the government’s approximate costs. Specifically, the fee is permissible only if it is a “reasonable approximation of the state or local government’s costs” of processing applications and managing the rights-of-way. Small Cell Order ¶ 50.
With respect to local aesthetic requirements, the FCC concluded such regulations were materially inhibiting small cell deployment within the meaning of the California Payphone standard. A key provision of the Small Cell Order sets out the applicable criteria: aesthetic restrictions are preempted unless they are (1) reasonable, (2) no more burdensome than requirements placed on other facilities, and (3) objective and published in advance. To qualify as a “reasonable” aesthetic requirement, an ordinance must be both “technically feasible and
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
5 reasonably directed to avoiding or remedying the intangible public harm of unsightly or out-of- character deployments.”
Another important provision of the Small Cell Order modified the rules for when local jurisdictions must act on wireless permitting requests, the so-called “shot clock” rules. Nearly a decade earlier (in 2009), the FCC adopted the first shot clock rules, requiring zoning authorities to decide applications for wireless facility deployment on existing structures within 90 days, and all other applications for zoning permits within 150 days. Under the 2009 Order, when a local zoning authority exceeded a shot clock, it was presumed that the municipality violated the statutory requirement to respond within a reasonable time. When a local zoning authority failed to act within the proscribed time, the permit applicant could then file a lawsuit seeking a declaration that the city’s delay was unreasonable, and the city would have the opportunity to rebut the presumed statutory violation. 2009 Order ¶¶ 37–38.
The 2018 Small Cell Order broadens the application of these shot clocks to include all telecommunications permits, not just zoning permits, and it shortens the shot clocks. State and local governments now have 60 days to decide applications for installations on existing infrastructure, and 90 days for all other applications. The Order does not add enforcement mechanisms. If a state or local government misses a permitting deadline, the applicant still must seek an injunction.
In the Moratoria Order, the FCC found that municipal actions that halt 5G deployment, deemed “moratoria,” violate Section 253(a) of the Act when they effectively prohibit the deployment of 5G technology. The FCC recognized two general moratoria categories: express and de facto. As with the Small Cell Order, the Moratoria Order does not specifically preempt or invalidate any state or local requirement. It lays out the applicable standards.
Challenges to the Small Cell Order
Following the publication of the Small Cell Order, Local Government and Public Power Petitioners filed these petitions for review, asserting several legal challenges. The panel evaluated these challenges under the Administrative Procedure Act by examining whether “an agency’s decreed result is within the scope of its lawful authority,” and whether “the process by which it reaches a given result is logical and rational.” Where terms of the Telecom Act are ambiguous, they defer to the FCC’s reasonable interpretations. And where the FCC is departing from prior policy, they look to see if it acknowledged that it was changing positions and gave “good reasons for the new policy.”
To the extent that Petitioners challenge factual findings, the panel reviewed them for substantial evidence, that is, evidence “a reasonable mind might accept as adequate to support a conclusion.”
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
6 The Small Cell Order covers three major (and three minor) subjects and sets out the standards by which local regulations will be judged in determining whether they are preempted. Local Government Petitioners are not satisfied with any of them. The major subjects are fees, aesthetics, and the time for approving permit applications (shot clocks). The panel deals with each of them in turn:
1. Fees
State and local governments generally charge a wireless carrier fees to deploy facilities in their jurisdictions. These fees include one-time fees for new wireless facility deployment, as well as recurring annual fees on existing facilities in the public rights-of-way. The FCC concluded in the Small Cell Order that some of these fees were so excessive that they were effectively prohibiting the nationwide deployment of 5G technology and were therefore preempted. The Order places conditions on fees above a certain level to avoid preemption: fees must be: “(1) a reasonable approximation of the state or local government’s costs, (2) with only objectively reasonable costs . . . factored into those fees, and (3) . . . no higher than the fees charged to similarly-situated competitors in similar situations.”
The Small Cell Order does not require a cost basis for all fees to avoid preemption. There is a safe harbor. Fees are presumptively lawful if, for each wireless facility, application fees are less than $500, and recurring fees are less than $270 per year. If fees exceed those levels, they are not automatically preempted, but can be justified. Localities may charge fees above these levels where they can demonstrate that their actual costs exceed the presumptive levels.
The FCC offers two principal rationales for limiting fees above the safe harbor to costs. When local governments charge fees more than their costs, they take funds of wireless service providers that would otherwise be used for additional 5G deployment in other jurisdictions.
Statements in the record from wireless carriers, and an empirical study, are cited to support the conclusion that limiting fees will lead to additional, faster deployment of 5G technology throughout the country. The FCC explained that high fees also reduce the availability of service in the jurisdiction charging the fee. The FCC points to numerous, geographically diverse cities, where excessive fees are delaying deployment of 5G services. In one example, deployment had to be completely halted when a city tried to charge a one-time fee of $20,000 per small cell, with an additional recurring annual fee of $6000.
Local Government Petitioners challenge the fee limitations on several grounds. Their primary argument is that there is no rational connection between whether a particular fee is higher than that particular city’s costs, and whether that fee is prohibiting service. The FCC did not base its fee structure on a determination that there was a relationship between particular cities’ fees and prohibition of services. The FCC instead found that above-cost fees, in the aggregate (as a whole), were having a prohibitive effect on a national basis explaining that “even fees that might seem small in isolation have material and prohibitive effects on
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
7 deployment, particularly when considered in the aggregate given the nature and volume of anticipated Small Wireless Facility deployment”.
The FCC found there was no readily available alternative. Administrability is important. In Mayo Foundation for Medical Education & Research v. United States, 562 U.S. 44, 58–59 (2011), the Supreme Court explained that an agency’s rule “easily” satisfies Chevron’s step two, reasonable interpretation requirement, when the agency concluded that its new approach would “improve administrability.” As the FCC explained here, its cost-based standard would prevent excessive fees and the effective prohibition of 5G services in many areas across the country.
Local Government Petitioners are implicitly suggesting an alternative approach that would require an examination of the prohibitive effect of fees in each of the 89,000 state and local governments under the FCC’s jurisdiction, a nearly impossible administrative undertaking.
Local Government Petitioners do not contend that this is required by statute, nor do they offer any other workable standard. The FCC here made the requisite “rational connection between the facts found and the choice made.”
2. Aesthetics
Local governments have always been concerned about where utilities’ infrastructure is placed and what it looks like. An important provision to prevent this is Section 332(c)(7)(B)(i)(I). It requires that “the regulation of . . . personal wireless service facilities by any State or local government . . . shall not unreasonably discriminate among providers of functionally equivalent services.” The legislators who drafted this limitation on local regulation sought to ensure that state and local governments did not “unreasonably favor one competitor over another” in exercising their regulatory authority over facility deployments - including authority to regulate aesthetics.
The Order requires the comparison of the challenged aesthetic regulation of 5G deployments to the regulation of any other infrastructure deployments, while the statute only requires a comparison with the regulation of functionally equivalent infrastructure deployments. Small Cell Order ¶ 87. The prohibition on local regulatory authority in the regulation is in that respect broader than that contemplated by Congress.
The Supreme Court has stated that “an agency may not rewrite clear statutory terms” and that this is a “core administrative-law principle.” Util. Air Regulatory Grp. v. EPA, 573 U.S. 302, 328 Requirements imposed on 5G technology are not always preempted as unrelated to legitimate aesthetic concerns just because they are “more burdensome” than regulations imposed on functionally equivalent services. The panel therefore concluded that the requirement in Paragraph 86 of the Small Cell Order, that limitations on small cells be “no more burdensome” than those applied to other technologies, must be vacated (or withdrawn).
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
8 The other problematic limitation in the Small Cell Order is that locally imposed aesthetic requirements be “objective and published in advance.” Small Cell Order ¶ 86. The Order defines “objective” to mean the local regulation “must incorporate clearly-defined and ascertainable standards, applied in a principled manner.”
The condition of advance publication is not seriously challenged, but the requirement that all local aesthetic regulation be “objective” gives rise to serious concerns.
Although the FCC was apparently responding to complaints of vague standards, Local Government Petitioners point out that the provision the FCC adopted bars any regulation other than one related to color, size, shape, and placement. It targets for preemption regulations focused on legitimate local objectives, such as ordinances requiring installations to conform to the character of the neighborhood. The panel does not see how all such regulations, designed like traditional zoning regulations to preserve characteristics of particular neighborhoods, materially inhibit, materially limit, or effectively prohibit the deployment of 5G technology.
The panel previously expressed considerable doubt about the view that “malleable (shaped) and open-ended,” aesthetic criteria per se prohibit service. Sprint, 543 F.3d at 580. In Sprint, the panel recognized that “a certain level of discretion is involved in evaluating any application for a zoning permit,” and that while “it is certainly true that a zoning board could exercise its discretion to effectively prohibit” service, “it is equally true (and more likely) that a zoning board would exercise its discretion only to balance the competing goals of an ordinance,” including “valid public goals such as safety and aesthetics.”
The panel concludes that the FCC’s requirement that all aesthetic regulations be “objective” is arbitrary and capricious (or unreasonable). At the very least, the agency (FCC) must explain the harm that it is addressing, and the extent to which it intends to limit regulations meant to serve traditional zoning objectives of preventing deployments that are unsightly or out of neighborhood character.
The only remaining argument of Local Government Petitioners with which the panel must deal is a challenge to the FCC’s requirement that aesthetic regulations be “reasonable.” Petitioners contend that it is unduly vague and overbroad. The panel reads this requirement as the FCC does, however, and conclude that it should be upheld. The FCC explains that the reasonableness requirement results in preemption only if aesthetic regulations are not “technically feasible and reasonably directed” at remedying aesthetic harms. The panel recognized in Sprint that imposing an aesthetic requirement that is not technically feasible would constitute an effective prohibition of service under the Act. 543 F.3d at 580. The FCC’s justification for adopting this rule is therefore consistent with case law, as well as congressional intent in enacting Sections 253 and 332, and is not unduly vague or overbroad.
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
9 In sum, the requirement that aesthetic regulations be “no more burdensome” than those imposed on other technologies is not consistent with the more lenient statutory standard that regulations not “unreasonably discriminate.” The requirement that local aesthetic regulations be “objective” is neither adequately defined nor its purpose adequately explained. On its face, it preempts too broadly. The panel therefore held those provisions of Paragraph 86 of the Small Cell Order must be vacated (or relinquished).
3. Shot Clocks
Since 2009, the FCC has set time limits, known as shot clocks, for local authorities to act on applications to deploy wireless facilities. In the Small Cell Order, the FCC made two major changes from the shot clocks provisions in the 2009 Order. It expanded the application of shot clock timing requirements from zoning applications to include all permitting decisions. It shortened the shot clock time. State and local governments now have 60 days to decide applications for installation on existing infrastructure, and 90 days for all other applications.
Small Cell Order ¶¶ 104–05, ¶ 132, ¶ 136. The previous shot clocks were 90 days and 150 days respectively.
To remedy a violation of the 2009 requirements, the applicant had to seek an injunction.
During this rulemaking, providers urged the FCC to adopt a “deemed granted” remedy, i.e. where, at the expiration of a shot clock, a permit would be “deemed granted” and the city would have to file a lawsuit to prevent the wireless service provider from beginning construction. The FCC ultimately did not change the remedy, so under the Small Cell Order, when a state or local government misses a shot clock deadline for deciding an application, the applicant must still seek injunctive relief. Wireless Service Provider Petitioners (Sprint et al.) now challenge the FCC’s refusal to adopt a deemed granted remedy for shot clock violations.
Local Government Petitioners are not happy with the shortened time limits for decisions on applications, and with the expansion of shot clocks beyond zoning applications to all applications for deployment of wireless services. The panel considers their challenges first.
Local Government Petitioners attack the shortened shot clock time frames, contending they arbitrarily restrict municipalities’ ability to conduct traditional zoning review that may take longer than the prescribed shot clock requirements. Petitioners criticize the FCC’s reliance on a limited survey of state and local laws, contending that those laws had unusual, shorter time frame requirements. Petitioners contend that most state and local governments will be unable to decide permits within the time limits prescribed under the Small Cell Order.
The FCC’s reliance on the survey of local laws and practices was reasonable, however, because it served only a limited purpose. The FCC used the survey only to support its unremarkable assertion that some municipalities “can complete reviews more quickly than was the case when the existing Section 332 shot clocks were adopted” in 2009. Small Cell Order ¶ 106. It must be
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
10 remembered that the shot clock requirements create only presumptions. As under the 2009 Order, if permit applicants seek an injunction to force a faster decision, local officials can show that additional time is necessary under the circumstances. Id. ¶ 137; see id. ¶ 109, ¶ 127; see also City of Arlington, 668 F.3d at 259–61 (upholding previous FCC shot-clock presumptions).
The Telecommunications Act itself supports the expansion of shot clocks to all permitting decisions. Section 332(c)(7)(B)(ii) requires a decision to be made within a “reasonable period of time,” and applies both to applications “to place” wireless facilities as well as requests to “construct, or modify” such facilities. Together, these enumerations of the categories of applications can reasonably be interpreted to authorize the application of shot clocks to building and construction permits, as well as zoning permits.
The FCC also provided sound reasons for this expansion. It explained that limiting shot clocks to zoning permits could lead states and localities to “delay their consideration of other permits (e.g., building, electric, road closure or other permits) to thwart the proposed deployment.” Small Cell Order ¶ 134 n.390. Courts interpreting Section 332 have reached a similar conclusion for the same reason. See, e.g., Ogden Fire Co. No. 1 v. Upper Chichester Twp., 504 F.3d 370, 395–96 (3d Cir. 2007) (rejecting the argument that the Act only applies to zoning permits, because the city could use other permits to delay construction of telecommunications infrastructure). The FCC acted well within its authority, and in accordance with the purpose of the Act, when it broadened the application of the shot clocks to encompass all permits, to prevent unreasonable delays.
4. Regulation of Property in the Public Rights of Way
Local governments generally exercise control over public rights-of-way for purposes of determining where installations such as utility poles and traffic lights should be placed. Some of these installations are owned by the municipalities themselves and some are owned by other entities, such as public and private utilities. Local Government and Public Power Petitioners (American Public Power Association et al.) argue that under Supreme Court authority, the preemption provision of Section 253(a) cannot apply to the municipal regulation of access to municipally owned installations.
The Supreme Court has considered whether a provision of the National Labor Relations Act (NLRA) that preempts local regulation of labor relations prevented a municipality that was running a construction project from enforcing an otherwise valid collective bargaining agreement. Bldg. & Constr. Trades Council of Metro. Dist. v. Associated Builders& Contractors of Mass./R.I. Inc., 507 U.S. 218, 231–32 (1993). The Court explained that when a municipality is acting like a private business, and not acting as a regulator or policymaker, there can be no preemption by the NLRA because the municipality was not engaged in regulation of labor relations. It was acting as a property owner.
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
11 Local Government Petitioners and Public Power Petitioners contended that the municipalities are acting like private property owners in controlling access to, and construction of, facilities in public rights-of-way and that the Act’s preemption provision therefore does not apply. They thus contended the FCC lacks authority to regulate the fees they charge for access to the rights- of-way and to the property on the rights-of-way. They emphasized that the provisions of the Small Cell Order are intended to preempt not only regulation of installations owned by non- municipal entities but also regulation of installations owned by the municipalities themselves.
The issue thus becomes whether the FCC reasonably concluded that local jurisdictions are acting like private property owners when the jurisdictions charge fees or otherwise control the access to public rights-of-way. The FCC’s regulations in the Small Cell Order were premised on the agency’s determination that municipalities, in controlling access to rights-of-way, are not acting as owners of the property; their actions are regulatory, not propriety, and therefore subject to preemption. Small Cell Order ¶ 96. This is a reasonable conclusion based on the record. The rights-of-way, and manner in which the municipalities exercise control over them, serve a public purpose, and they are regulated in the public interest, not in the financial interests of the cities. As the FCC explained, the cities act in a regulatory capacity when they restrict access to the public rights-of-way because they are acting to fulfill regulatory objectives, such as maintaining aesthetic standards.
This conclusion is supported by case law in this Circuit, where they have held that cities operate in a regulatory capacity when they manage access to public rights-of-way and public property thereon. See Olympic Pipe Line Co. v. City of Seattle, 437 F.3d 872, 881 (9th Cir. 2006).
5. Section 224
The FCC adopted the Small Cell Order to remove barriers that would prevent 5G providers from accessing existing facilities for installation of small cells. These existing facilities often include utility poles. Public Power Petitioners, representing the interests of public power utilities, contend the Order cannot affect poles owned by public utilities, because Section 224 of the Telecom Act, relating to regulation of utility pole attachment rates, contains an express exclusion for government-owned utilities. See 47 U.S.C. § 224(a)(1).
However, the Small Cell Order is not a regulation of rates pursuant to Section 224. It is published under the authority of Section 253 to ensure that state and local statutes do not have a prohibitory effect on telecom services. See 47 U.S.C. § 253(a); The FCC responded appropriately when it said, “nothing in Section 253 suggests such a limited reading, nor does Section 224 indicate that other provisions of the Act do not apply. We conclude that our interpretation of effective prohibition extends to fees for all government-owned property in the right-of-way, including utility poles.” See Small Cell Order ¶ 92 n.253. Because Section 253 does not exempt public power utilities from its terms, the FCC reasonably relied on Section 253 to regulate such utilities.
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
12 6. Radio Frequency Exposure
More than twenty years ago, the FCC first adopted “radio frequency standards,” (RF standards) which limit the amount of radiation that can be emitted from wireless transmitters. Guidelines for Evaluating the Envtl. Effects of Radiofrequency Radiation, 11 FCC Rcd. 15,123 (1996). The FCC is obligated to evaluate the potential impacts of human exposure to RF emissions under the National Environmental Policy Act. In the Telecom Act, Congress preempted all municipal regulation of radio frequency emissions to the extent that such facilities comply with federal emissions standards.
In 2013, the FCC opened a “Notice of Inquiry,” requesting comments on whether it should reassess its RF standards. The agency did not take immediate action on that docket. During the later process leading up to the adoption of the Small Cell Order, Petitioner Montgomery County requested that the Commission complete its 2013 RF proceeding before adopting the Small Cell Order, and that it examine the potential effects of 5G technology on its RF standards.
The FCC did not address its RF standards or close the 2013 docket before adopting the Small Cell Order.
Petitioner Montgomery County now challenges the FCC’s Small Cell Order as unlawful because the FCC did not complete the 2013 docket review before adopting the Small Cell Order. After its petition was filed, however, the FCC adopted a new order examining radio frequency exposure in the 5G environment and concluded that it did not warrant changes to its 1996 standards. Challenges to the FCC’s failure to perform updated radio frequency analysis, as contemplated by the 2013 docket, are therefore moot. There is no merit to Montgomery County’s further suggestion that we should penalize the FCC for what the County calls evasive litigation tactics in not acting earlier. The Supreme Court has emphasized that agencies have “significant latitude as to the manner, timing, content, and coordination of [their] regulations.” Massachusetts v. EPA, 549 U.S. 497, 533 (2007); see also Mobil Oil Expl. & Producing Se. Inc. v.
United Distrib. Cos., 498 U.S. 211, 230–31 (1991) (“An agency enjoys broad discretion in determining how best to handle related, yet discrete, issues in terms of procedures and priorities. . . . An agency need not solve every problem before it in the same proceeding.” More important, Montgomery County now has what it wanted; the FCC has examined the effects of 5G technology on its RF standards and closed the 2013 docket. Any challenges to the adequacy of that final agency action must now be brought in a new proceeding.
Challenges to the Moratoria Order
The FCC adopted the Moratoria Order in response to complaints from a “broad array of large and small wireless providers” that state and local ordinances and practices were either explicitly or having the effect of barring small cell deployment. Moratoria Order ¶ 143. In the Order, the FCC concluded that ordinances and practices were materially inhibiting small cell
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
13 deployment, and the agency provided general standards to differentiate between permissible municipal regulations and impermissible “moratoria.” The Moratoria Order describes two general categories of moratoria: express (clearly indicated) and de facto (existing). It defined express moratoria as “statutes, regulations, or other written legal requirements” in which state or local governments “expressly . . prevent or suspend the acceptance, processing, or approval of applications or permits necessary for deploying telecom services.” The Order provided such bars to 5G deployment qualify as moratoria even though they are of a limited duration.
The FCC then defined de facto moratoria as “state or local actions that are not express moratoria, but that effectively halt or suspend the acceptance, processing, or approval of applications or permits for telecom services or facilities in a manner akin to an express moratorium.” De facto moratoria violate Section 253 only when they unreasonably or indefinitely delay deployment.
The Order provides a new definition of Section 253(b)’s exemption for local regulations that protect “the public safety and welfare.” The Order permits what it describes as “emergency” bans on the construction of 5G facilities to protect public safety and welfare, but only where those laws are (1) “competitively neutral”, (2) necessary to address the emergency, disaster, or related public needs, and (3) target only those geographic areas affected by the disaster or emergency.
The City of Portland, not joined by the other Local Government Petitioners, challenges the Order with a handful of criticisms. The City’s primary contention is that the Order’s definitions of moratoria are overly broad, and therefore unreasonable, because, in the City’s view, the Moratoria Order preempts even benign seasonal restrictions on construction, such as freeze- and-frost laws. The City also contends that the Moratoria Order is an invalid application of Section 253, and self-contradictory in its definitions. According to the panel, none of these contentions have merit.
As an initial matter, the panel does not read the Moratoria Order as broadly as the City does in arguing that it would preempt all restrictions on construction, even seasonal ones that cause some delay in small cell deployment. The FCC carefully explained in the Order that municipal ordinances of general applicability will qualify as de facto moratoria only where the delay caused by the ordinances “continues for an unreasonably long or indefinite amount of time such that providers are discouraged from filing applications.” Municipal regulations on construction are therefore not preempted if they “simply entail some delay in deployment.” The explanation is supported by the FCC’s assurance in the Order that municipalities retain authority over “construction scheduling.” The panel found that the City’s concerns about the breadth of the Moratoria Order are therefore unfounded and that the Order does not preempt necessary and customary restrictions on construction.
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
14 The City argued that the Moratoria Order preempts laws of general applicability, while Section 253 preempts only those that specifically target the provision of telecom services. By its terms, however, Section 253(a) is not so limited. It looks to both the language and impact of local regulations. It preempts all “local statute[s] or regulation[s], or other . . . legal requirements” that prohibit or have the effect of prohibiting telecommunications services. 47 U.S.C. § 253(a).
The panel concluded that the Moratoria Order is not contradictory in its definitions of express and de facto prohibitions. After examining the factual record, the FCC found that some localities had repeatedly re-authorized temporary bans on 5G installation to prohibit the installation of 5G cells indefinitely. Moratoria Order ¶ 148 n.546. The FCC therefore clarified that such explicit bans on 5G deployment qualify as express moratoria, even if they have a “limited, defined duration.” Id. ¶ 148. In a separate paragraph dealing with de facto prohibitions resulting from more general laws, the FCC explained that generally applicable laws, i.e. those that do not facially (directly) target small cells, are not preempted unless they cause a delay that “continues for an unreasonably long or indefinite amount of time.” Id. ¶ 150. Per the panel, there is nothing inconsistent or unexplained in the FCC’s separate definitions of express and de facto moratoria.
Finally, the City challenged the FCC’s purportedly narrow construction of Section 253(b)’s preemption exception for laws regulating safety and welfare. The panel found that the FCC reasonably interpreted the phrase “public safety and welfare” in this context to permit emergency bans on 5G deployment where the regulations are competitively neutral and intended to remedy an ongoing public safety concern. The FCC explained such an interpretation was necessary to prevent the pretextual use of safety “as a guise for” preventing deployment. Id. ¶ 157. Again, per the panel, the Order is consistent with the FCC’s earlier interpretations of Section 253(b).
The panel deciding that the Moratoria Order is not arbitrary, capricious, or contrary to law on a facial basis. As the FCC has recognized, objections to specific applications of the Moratoria Order may be made on a case-by-case basis.
Constitutional Challenges to Both Orders
Local Government Petitioners also argued that the Small Cell and Moratoria Orders violate the Fifth and Tenth Amendments. First, Petitioners argue that the Small Cell Order is a physical taking in violation of the Fifth Amendment because it requires municipalities to grant providers access to municipal property, including rights-of-way, thereby creating a physical taking without just compensation. Petitioners compare the Small Cell Order to the New York state law at issue in Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 421 (1982), which required landlords to permit cable television companies to install cables on their property. In Loretto, the Court held the law to be a physical taking because the installation resulted in “permanent occupations of land.” Here, on the other hand, the Small Cell Order prevents state and local
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
15 governments from charging unreasonable fees when granting applications, and it continues to allow municipalities to deny access to property for several reasons. It does not compel access to property in a manner akin to Loretto. See id. Once again, challenges to particular applications of the Small Cell Order must be made on an as-applied basis.
Petitioners also argued that the Small Cell Order constitutes a regulatory taking by limiting cost recovery. The Supreme Court rejected a similar argument in FCC v. Florida Power Corp., 480 U.S. 245 (1987), holding that limiting cost recovery to actual costs did not result in a regulatory taking. Because the Small Cell Order allows for the recovery of actual costs as well, the Order does not constitute a regulatory taking. See Small Cell Order ¶ 50 (explaining that the Small Cell Order continues to allow for fees that “are a reasonable approximation of the state or local government’s costs”).
Finally, Local Government Petitioners argue that, by requiring municipalities to respond to applications for use from 5G and broadband installers within a prescribed period of time or risk immediate control of its property, the Small Cell and Moratoria Orders compel Petitioners to enforce federal law in violation of the Tenth Amendment. In support, they cite National Federation of Independent Businesses v. Sebelius, 567 U.S. 519, 579–80 (2012), where the Court held that financial inducement had the effect of compelling states to enforce a federal program.
The panel concluded that nothing like that is happening here. Instead, they feel the FCC is interpreting and enforcing the 1996 Telecom Act, adopted by Congress pursuant to its delegated authority under the Commerce Clause, to ensure that municipalities are not charging small cell providers unreasonable fees. “If a power is delegated to Congress in the Constitution, the Tenth Amendment expressly disclaims any reservation of that power to the States.” New York v. United States, 505 U.S. 144, 156 (1992). In addition, by preempting certain State and local policies, the FCC did not commandeer State and local officials in violation of the Tenth Amendment. Although their “language might appear to operate directly on the States,” the Orders - as applications of the Telecom Act - simply “confer on private entities . . a federal right to engage in certain conduct subject only to certain (federal) constraints.” The panel decided that the Orders do not violate the Constitution.
One-Touch Make Ready Order
In adopting the One-Touch Make-Ready Order, the FCC intended to make it faster and cheaper for broadband providers to attach to already-existing utility poles. Previously, only the pole owners could perform the preparatory work necessary for attachment. The main purpose of the Order is to create a new process, called one-touch make-ready, that allows new attachers themselves to do all the preparations. Petitioners American Electric Power Service Corporation et al., a group of private utility companies, do not challenge the most important aspects of the One-Touch Make-Ready Order. Instead, they challenge four secondary aspects of the Order:
rules for overlashing, preexisting violations, self-help, and rate reform. For the following reasons, the panel upheld them all:
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
16 A. Overlashing
Overlashing is the process by which attachers affix additional cables or other wires to ones already attached to a pole. The overlashing rule prohibits a utility from requiring overlashers to conduct pre-overlashing engineering studies or to pay the utility’s cost of conducting such studies. Petitioner utility companies first contend the overlashing rule contradicts the text of Section 224(f)(2), because the rule does not expressly say that a utility can exercise its statutory authority to deny access to poles for safety, capacity, reliability, or engineering reasons. But the overlashing rule does not prevent utilities from exercising their statutory rights, nor has the FCC interpreted the overlashing rule to do so. It is speculative to suggest that it might do so in the future. See Texas v. United States, 523 U.S. 296, 300 (1998) (declining to consider claim because “it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all.” The rule allows overlashers and utilities to negotiate the details of the overlashing arrangement and is thus consistent with FCC’s longstanding policy.
Petitioners also argue that the overlashing rule undermines a utility’s Section 224(f)(2) authority to deny pole access because it prevents utilities from requiring overlashers to provide certain information. The panel concludes that the overlashing rule does not impede a utility’s exercise of its statutory authority to deny access to poles. The rule authorizes utilities to require that overlashers give fifteen days’ notice to utilities prior to overlashing so that safety concerns can be addressed. One-Touch Make-Ready Order ¶¶ 115–16. The record shows that such notice provisions were frequently negotiated in the past on a voluntary basis and supports the FCC’s conclusion that such “an advance notice requirement has been sufficient to address safety and reliability concerns.” In evaluating similar rules, the D.C. Circuit has already held that there is “no merit” to the claim that utilities cannot effectively exercise their rights under Section 224(f)(2) without “prior notice” of overlashing.
Finally, Petitioners argue that by prohibiting the utilities from charging overlashers for the cost of conducting preoverlashing studies, the overlashing rule contradicts Section 224(d)(1). That section ensures cost recovery, but it does so only for attachments by cable television providers.
Per the panel it does not apply here. The overlashing rule is thus a reasonable attempt by the FCC to prevent unnecessary costs for attachers.
B. Preexisting Violation Rule
The preexisting violation rule prohibits utilities from denying access to a new attacher solely because of a preexisting safety violation that the attacher did not cause. One-Touch Make- Ready Order ¶ 122. Petitioners contend that this is contrary to Section 224(f)(2), which allows utilities to deny access for “reasons of safety.” Again, per the panel there is no conflict.
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
17 The rule defines the term “reasons of safety” as preventing a utility from denying access to a new attacher because of a safety hazard created by a third party. Such denials have the effect of forcing an innocent would-be attacher to fix the violation. This rule prevents the utilities from passing the costs off on entities that did not cause the safety problem in the first place.
The FCC confirmed at oral argument that the preexisting violation rule would not prevent utilities from rejecting proposed attachments that increase safety risks on a utility pole. The rule thus operates to prevent utilities from relying on preexisting violations pretextually to deny pole access to attachments that pose no greater safety risk than existing attachments. Because the preexisting violation rule reasonably defines the term “reasons of safety,” the panel concluded that the FCC’s interpretation is reasonable.
C. Self-Help Rule
Prior to the One-Touch Make-Ready Order, attachers could hire contractors to perform preparatory work only on the lower portion of a pole. The self-help rule lets the utility approved contractors prepare the entire pole for attachment. Petitioners argue that this expansion is contrary to Section 224(f)(2) because permitting attachers to hire contractors to work on the upper portion of poles jeopardizes safety. Yet, the rule has several provisions designed to mitigate any increased safety risks. For example, the rule gives a utility a 90-day window to complete the pre-attachment work itself (thereby circumventing the rule’s contractor provisions entirely). The rule also requires new attachers to use a utility-approved contractor to perform the self-help work, and it requires the attacher to give the utility advanced notice of when the self-help work will occur so that the utility can be present if it wishes.
The rule represents a change from earlier rules on what self-help measures an attacher could perform, and the FCC explained that use of approved contractors would improve efficiency. A complaint process in the old self-help rule allowed new attachers to file complaints when a utility was not preparing the pole in a timely fashion. This did not encourage efficiency. It was an “insufficient tool for encouraging a utility’s compliance with [the FCC’s] deadlines.” The FCC reasonably views the deployment of new 5G technology to be a matter of “national importance,” justifying extension of the self-help rule to promote timely installations. The self- help rule is thus not arbitrary or capricious, according to the panel.
Petitioners also argue that the FCC lacks authority to regulate utility-owned pole attachments, since Section 224 defines “pole attachments” to include attachments to a utility owned or - controlled pole. But the FCC has authority to promulgate “regulations to carry out the provisions of” Section 224, 47 U.S.C. § 224(b)(2), which includes regulations addressing “nondiscriminatory access” to utility poles. Per the panel, it was reasonable for the FCC to conclude that it could not ensure nondiscriminatory access to poles without allowing make- ready work that would reposition utility attachments; otherwise, utilities could simply deny access to attachers based on pretextual reasons of insufficient capacity. See S. Co. v. FCC, 293
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
18 F.3d 1338, 1348 (11th Cir. 2002) (“The FCC must have some way of assessing whether these needs are bona fide; otherwise, a utility could arbitrarily reserve space on a pole . . . and proceed to deny attachers space on the basis of ‘insufficient capacity.’”). Petitioners’ statutory challenge thus failed.
Petitioners mount a procedural challenge to the rule, arguing that the FCC did not comply with the APA’s notice requirement, 5 U.S.C. § 553, because it had not issued a proposed rule before announcing the final self-help rule. In raising the issue in a single footnote, petitioners have waived any challenge to the APA’s notice requirement. See Idaho Conservation League v.
Bonneville Power Admin., 826 F.3d 1173, 1178 (9th Cir. 2016). In any event, the FCC’s Notice of Proposed Rulemaking (NPRM) sought proposals to speed up access to poles by allowing new attachers to prepare poles for attachment, and several commenters proposed expanding an attacher’s ability to perform preparatory work on the entire pole. The panel concludes that, at the very least, the self-help rule is a logical outgrowth of the NPRM. See Rybachek v. EPA, 904 F.2d 1276, 1288 (9th Cir. 1990) (explaining that an agency need not provide a new NPRM as long as the final published rule is “a logical outgrowth of the notice and comments received”).
Per the panel’s decision, there is no reason to force the agency to begin the self-help rulemaking process anew.
D. Rate-Reform Rule
The rate reform rule continues regulatory efforts to remove rate disparities between telecom carriers who historically owned utility poles (so-called incumbent local exchange carriers, or ILECs) and telecom carriers who do not own utility poles (so-called competitive local exchange carriers, or CLECs). This rule establishes a presumption that all telecom carriers are similarly situated and thus entitled to the same rates. One-Touch Make-Ready Order ¶ 123. But if a utility successfully rebuts the presumption by showing that an ILEC continues to retain “net benefits” that other telecom providers do not enjoy, then the rate reform rule imposes a maximum rate that ILECs and utilities may negotiate.
Section 224(e)(1) authorizes the FCC to prescribe rates for pole attachments used by CLECs, but not ILECs. Petitioners therefore argue that the FCC lacks the authority to prescribe the same rates for ILECs. Section 224(b)(1), however, requires the FCC to set just and reasonable rates for all telecom carriers, and the FCC interpreted that to include ILECs as well as CLECs. The FCC has interpreted Section 224(b)(1) this way since 2011, and the D.C. Circuit upheld this interpretation some years ago. And the Supreme Court has made clear that Section 224(e)(1) “works no limitation” on the FCC’s more general ratemaking authority under Section 224(b)(1), which is the statutory provision that the agency invoked here.
This rule does, for the first time, set the same presumptive rates for ILECs and CLECs, and the FCC explained why its record supported such a rule. See One-Touch Make-Ready Order ¶ 126.
A study by US Telecom showed that earlier efforts to decrease rate disparities between ILECs
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
19 and CLECs had not been successful, and that historic differences between ILECs and CLECs that supported different rates in the past are now disappearing. The FCC provided an adequate justification for setting the same presumptive rates for all telecom providers.
Finally, Petitioners argue that the rate reform rule may result in their incomplete recovery of costs, because if a utility successfully rebuts the presumption that an ILEC should have the same rates as CLECs, the rule imposes a maximum rate ILECs and utilities may negotiate. The maximum negotiable rate is not unreasonable, however, because FCC set the rate at a value that is higher than both CLEC and cable operator rates, and the FCC had previously determined those rates were just, reasonable, and allowed full cost recovery.
Per the panel, the rate reform rule, like the overlashing, preexisting violations, and self-help rules, is an appropriate exercise of the FCC’s regulatory authority under the Telecommunications Act.
Conclusion
The panel of Judges therefore holds that the FCC’s requirement in the Small Cell Order that aesthetic regulations be “no more burdensome” than regulations applied to other infrastructure deployment is contrary to the controlling statutory provision. They also hold that the FCC’s requirement that all local aesthetic regulations be “objective” is not adequately explained and is therefore arbitrary and capricious. The panel therefore GRANTED the petitions as to those requirements, VACATED those portions of the rule and REMANDED them to the FCC. The petition of Montgomery County was DISMISSED as moot. As to all other challenges, the panel ruled the petitions as DENIED. Each party is to bear its own costs.
DANIEL A. BRESS, Circuit Judge, dissenting in part:
The majority opinion carefully addresses an array of legal challenges to a series of FCC Orders designed to accelerate the deployment of 5G service. Judge Bress joined the court’s fine opinion except as to Part III.A.1, which upholds the FCC’s decision to preempt any fees charged to wireless or telecom providers that exceed a locality’s costs for hosting communications equipment. In his view, the FCC on this record has not adequately explained how all above cost fees amount to an “effective prohibition” on telecom or wireless service under 47 U.S.C. §§ 253(a) and 332(c)(7)(B)(i)(II).
The Telecom Act of 1996 provides that “no State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecom service.” The Act contains a similar provision for wireless service. See id. § 332(c)(7)(B)(i)(II) (“The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
20 instrumentality thereof . . . shall not prohibit or have the effect of prohibiting the provision of personal wireless services.”).
The Act does not define what it means for a local policy to “have the effect of prohibiting” service. Since 1997, however, the FCC has interpreted the phrase to preempt local policies that “materially inhibit” the ability of providers “to compete in a fair and balanced legal and regulatory environment.” This standard does not require a “complete or insurmountable” barrier to service. But it does require that a local rule materially inhibit the ability to provide service based upon the “actual effects” of a state or local ordinance,” “not what effects the ordinance might possibly allow.” Sprint Telephony PCS, L.P. v. Cty. of San Diego, 543 F.3d 571, 578 (9th Cir. 2008); see also id. (the statute requires an “actual or effective prohibition, rather than the mere possibility of prohibition”).
In the Small Cell Order, the FCC concluded that state and local fees materially inhibit telecom and wireless service when they exceed a locality’s reasonable cost of accommodating communications facilities. The FCC cited evidence that certain exorbitant fees have stopped providers from offering service in certain locales. See, e.g., AT&T Aug. 10, 2018 Ex Parte Letter (AT&T “has not deployed any small cell sites in Portland, Oregon” due to the city’s $7,500 attachment fee and recurring fee of $3,500 to $5,500). The agency also found that “even fees that might seem small in isolation have material and prohibitive effects on deployment particularly considered in the aggregate.” This latter finding was based on the FCC’s determination that reduced fees generate cost-savings for providers, which enables them to use the newfound savings to expand wireless and telecommunications coverage. The agency estimated aggregate cost-savings from a reduction in fees to be over $2 billion, relying on a 2018 study by Corning, Inc.
The FCC carved out a safe harbor from the Order’s broad preemption rule for pole construction fees up to $1,000, attachment fees up to $500 (or $100 after a provider’s first five 5G facilities), and recurring fees up to $270. Fees may exceed the levels in the Small Cell Order’s safe harbor only if they reasonably approximate a locality’s costs, which include expenses “related to processing an application,” street closures, issuing “building or construction permits,” and access to and maintenance of public rights of way.
Per Judge Bress, no one doubts that exorbitant fees can impede the deployment of communications infrastructure. See, e.g., P.R. Tel. Co. v. Mun. of Guayanilla, 450 F.3d 9, 17–19 (1st Cir. 2006). But fees are prohibitive because of their financial effect on service providers, not because they happen to exceed a state or local government’s costs. Consider a $500 fee in Small Town A that exceeds the town’s costs by 1¢, and a $2,000 cost-based fee in Big City B. By the Small Cell Order’s logic, the lower fee is preempted, but the higher fee is not. It is hard to rationalize the former under the statute, which requires an actual and material inhibition of telecommunications or wireless service.
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
21 Perhaps for this reason, this court over a decade ago “declined” to hold “that all non-cost- based fees are automatically preempted” under the Telecom Act. The FCC was aware of this precedent when it issued the Small Cell Order, but expressly “rejected the view of those courts that have concluded that [§] 253(a) necessarily requires some additional showing beyond the fact that a particular fee is not cost-based.”
On this record, the FCC has not adequately explained its basis for concluding, contra the panel’s precedent, that there is an intrinsic relationship between a fee’s approximation of costs and its prohibitive effect on service providers. The FCC’s reliance on individual fees it considers “excessive” tells us that fees can work effective prohibitions. But this does not on its own justify a blanket prohibition on all above-cost fees. A $7,500 fee in Portland may well prohibit service, but that is because of the financial toll it inflicts, not because it exceeds the city’s costs.
And the FCC has not identified in the administrative record the frequency of above-cost fees or the amounts that localities have generally charged above cost.
The FCC has instead determined that a prohibition on all above-cost fees is justified because all above-cost fees, in the aggregate, effectively prohibit 5G deployment. The linchpin of the agency’s aggregation theory is a 2018 study by Corning, Inc., which estimates at over $2 billion the cost savings and reinvestment from reduced fees. But the Corning Study is not about fees above costs. And the FCC has not explained how this study tells us about the prevalence of above-cost fees or the burden such fees place on service providers.
Instead, the Corning Study calculated “the cost savings from capping fees at a level in line with the median of recent state regulations,” estimating that amount at over $2 billion. Because this is not a measure of fees above costs, the Corning Study does not say whether the caps it used to measure savings approximate costs. Indeed, the Corning Study notes that “there is still significant uncertainty around what ‘typical’ rates are.” The study further states that “attachment and application fees” are “lesser drivers” of 5G deployment economics, raising questions about the extent to which all fees above costs necessarily effectively prohibit service.
At bottom, what the Corning Study conveys is that if fees are reduced, it will produce cost savings to those who pay the fees. But that commonsense observation would be true of any fee considered in the aggregate. And it would seemingly mean that any fee in any amount could qualify as an effective prohibition, once aggregated. The same would be true of the aggregate effects of any form of regulation that localities would apply outside the fee context.
Judge Bress is therefore concerned that on the record as it stands, the FCC’s approach lacks a limiting principle. At least absent some estimated quantification of above-cost fees in the aggregate (which the Corning Study does not provide) or some further estimate tied to the rule it adopted, the FCC’s logic would appear to justify the preemption of any state or local rule.
Per Judge Bress, the FCC’s “reinvestment” theory invites similar concerns. He feels that while it may be true that every fee imposes some cost that, if avoided, could potentially be reinvested
CALIFORNIA OFFICE
4195 Chino Hills Parkway, #605
Chino Hills, CA 91709
(949) 922-2859
Website www.atscomm.com ❖ email: [email protected]
22 to expand 5G coverage. But it does not follow that every type of fee rises to the level of an “effective prohibition,” which is the line Congress drew in the Telecom Act. See Cal. Payphone, 12 F.C.C. Rcd. at 14209 (stating that, “standing alone,” the fact that providers “would generate less revenue . . . does not necessarily mean that services are impractical and uneconomic”); cf.
AT&T Corp. v. Iowa Utils. Bd., 525 U.S. 366, 390 n.11 (1999) (disagreeing “that a business can be impaired in its ability to provide services - even impaired in that ability in an ordinary, weak sense of impairment - when the business receives a handsome profit but is denied an even handsomer one”). A provider reinvestment theory, without more, would similarly appear to justify the preemption of any local policy that imposes costs on providers.
On this record, the FCC thus has not shown that above cost fees effectively prohibit service in many, most, or a plurality of cases. Judge Bress does not therefore conclude that the agency has articulated “a rational connection between the facts found and the choice made.”
The FCC itself recognizes that “in theory, a sufficiently small departure from actual and reasonable costs might not have the effect of prohibiting service,” but concludes its cost based standard is still appropriate because “the record does not reveal an alternative, administrable approach to evaluating fees.” Concerns about administrability, though important as a policy matter, must still be operationalized under the statute’s effective prohibition standard. A rule prohibiting fees that exceed cost by $1 would be equally administrable, but that does not mean such fees are invariably effective prohibitions on service, which is the relevant question under §§ 253(a) and 332(c)(7).
The Order’s safe harbors underscore his concerns. The FCC concedes that its safe harbors, which are not based on estimated costs, tolerate fee levels “in excess of costs in many cases.” That makes it more difficult to credit the agency’s finding that above-cost fees are per se effective prohibitions on service. The safe harbor also allows local governments to charge recurring fees of $270, which is substantially greater than the $150 cap on recurring fees used to calculate cost-savings in the Corning Study. There are also discrepancies between the FCC’s safe harbors for application fees and the Corning Study’s caps. The FCC does not estimate how much of the over $2 billion in cost savings from the Corning Study would be left over under its more expansive safe harbors. Nor has the agency explained what portion of that figure can be attributed to above-cost fees.
Judge Bress would have vacated and remanded the Small Cell Order’s prohibition on above-cost fees. See 5 U.S.C. § 706(2)(A), (E). While the FCC’s objective of advancing 5G service is undoubtedly an important one, Congress set limits on when local actions can be preempted.
While a prohibition on all above-cost fees may well be justifiable, he does not believe the FCC has sufficiently justified it on the present record. With the exception to its references to legislative history, Judge Bress otherwise joined the court’s opinion in full.
CALIFORNIA OFFICE
22642 Lambert St., Suite 402, Lake Forest, CA 92630, Phone: (949) 305-7848 Fax: (949) 768-6984 Website www.atscomm.com email: [email protected]
Memorandum
To: Russ Byrd, City of Palmdale
From: Tony Ingegneri, President, ATS Communications
Date: August 5, 2008
Re: ATS Communications Evaluation of AT&T Leases & Monetization ATS Communications evaluated the leases between the City of Palmdale and AT&T Wireless. In looking at the terms of the leases, the technological changes in the market place, and the availability of financial capital available to purchase the net present value of the future cash flows, we recommend the City of Palmdale monetize their leases with RFS Capital in the amount of $690,300. RFS Capital offers several options for future share of revenue that can provide an additional amount of approximately $831,367 in future monies.
Background
The City of Palmdale entered into three agreements with various wireless communications providers. Through mergers and acquisitions, all three of these agreements currently exist with AT&T Wireless. The unmanned wireless communications facilities are located at Desert Sands Park, Marie Kerr Park and McAdams Park. The initial term of the individual leases are for ten years with two, five year options at AT&T’s discretion. The monthly lease rents are currently about $2,000 per month with an annual escalation based on the change in the Consumer Price Index, about 2 ½ percent each year.
In reviewing the documents, AT&T is allowed to assign or sublet their portion of the leased premises with the prior authorization of the City. In addition, AT&T may also terminate the agreement at any time with thirty days notice according to Section 35. Lessee’s Termination, “if Lessee determines in Lessee’s sole discretion that Lessee’s Facilities have become technologically or economically obsolete…”
Therefore, the City has encumbered itself for 20 years, while AT&T can terminate the lease by giving 30 days notice.
Monetization
ATS presented the AT&T leases to four financial companies that specifically monetize the net present value of monthly cash flows of lease agreements between property owners and wireless communications providers. Of the four companies, two chose not to submit a proposal. The two that did submit proposals offered the following:
Communications Capital Group $704,857 for 30 years or $540,100 for 15 years
RFS Capital $690,300 for 30 years or $432,900 for the remaining years
CALIFORNIA OFFICE
22642 Lambert St., Suite 402, Lake Forest, CA 92630, Phone: (949) 305-7848 Fax: (949) 768-6984 Website: www.atscomm.com email: [email protected]
2 RFS Capital also offered a future rent share offer of $651,500 up front with one of the three offers shown below:
33% after 18 years = $575,693
50% after 21 years = $683,849
75% after 23 years = $831,671
Their offers have been provided as attachments.
Evaluation
In submitting this lease for review by these financial companies, we limited their responses to the following terms so we could compare the offers on an ‘apples to apples’ basis.
• Provide a proposal of the lease based on the remaining years. • Provide a proposal on the lease with the term extended to 30 years (the original term of the lease and with no obligation to the City to extend the agreement with the carrier. • No easement or property obligation, just a straight rent assignment. • No share of future co-location revenue.
• Winning bidder has to place proceeds into an escrow account within 30 days. • Provide a copy of the proposed Purchase and Sales agreement for verification of terms.
Net Present Value Evaluation
In evaluating a stream of cash flow over time, financial companies will provide an upfront payment based on the net present value of the revenue stream. The amount of money they are willing to pay is based on the risk associated with receiving the stream of cash flow. Technology changes, mergers, other factors all affect the discount rate used to determine the calculation of the upfront payment.
This is evident in credit card rates and financing for cars or mortgages. All of these financing mechanisms evaluate the credit worthiness of the borrower and their ability to pay based on their credit history; the lower the probability of repayment the higher the interest rate.
In evaluating these leases, there are several factors that affect the net present value; the most important being the ability of lessee to terminate the lease at their discretion with minimal notice. ATS has included a net present value evaluation based on a 13% discount rate. If the leases were presented to a commercial lending institution, they would not lend against this revenue stream, even at high rates of 19% to 22% which is comparable to the current high risk credit card rates.
Recommendation
Based on the proposals submitted by the financial companies and our evaluation of the uncertainties in the financial and wireless market place, Communications Capital Group offered the most upfront money of $704,857 to monetize the lease revenues from AT&T. The offer from RFS Capital is about 2% less than that of Communications Capital Group, but they offer a proposal that allows the City to share in future revenues and their Purchase and Sale agreement has straight rent assignment with no requirement for an easement.
Under future rent share scenario, RFS would provide a slightly lower upfront payment with several different options of either 33% of future revenues starting in year 18, 50% of future revenues starting in year 21 or 75% of future revenues starting in year 23. Under these options, would receive between $575,000 and $831,000 in future revenues. In addition,
CALIFORNIA OFFICE
22642 Lambert St., Suite 402, Lake Forest, CA 92630, Phone: (949) 305-7848 Fax: (949) 768-6984 Website: www.atscomm.com email: [email protected]
3 ATS would not receive any portion of the future revenues, only 10% of the upfront amount.
Process
ATS will assist the City in the completion of the negotiations with one of the financial companies for the proposed Purchase and Sales Agreement of the leases. The escrow portion of the process can take approximately 2 months.
Since both companies are required to place the money in an escrow account, we anticipate that the process and approval to monetize the lease from Council will take approximately 4 to 6 weeks barring any unknown circumstances beyond our control.
Attachments
Proposal from RFS Capital
Proposal from Communications Capital Group
Proposal Comparison prepared by ATS Communications
AT S Communications
SMWD Wireless Facility
Safety Meeting
ATS Communications www.ATScomm.com
(949) 922-2859
Who we are:
• 20 years of experience and expertise in the Wireless Telecommunications Industry.
• Consultant to Cities, Water Districts and School Agencies. • ATS only represents the property owner side of the
relationship, ATS does not represent the carriers or third- party tower entities.
• Relationships with all leading wireless providers including AT&T, Dish Wireless, T-Mobile/Sprint and Verizon Wireless.
AT S Communications
Agenda
Pictures: The Good, The Bad, and the Ugly
About ATS Communications
Course Topics
About Tiran Solutions Inc.
Radio Frequency Explained
Questions?
The Good
The Bad
The Ugly
Course Topics for Discussion
Basic Situational Awareness
Who is at the site
Locks in good working order
Approved carrier work, NSB, mods and gen adds
Possible routine carrier maintenance
Or at-risk work – what to look for, but do not
engage
Course Topics for Discussion
Roadway and Apron
Watch for screws, metal debris and tools
Observe antennas to ensure they are securely
attached
Watch for carrier trucks, scissor lifts and ladders
Look for open trench/underground work
Port-a-potty
Staging materials
Course Topics for Discussion
Observe Signage
What’s on the entrance gate
What’s on the carrier’s equipment space
What’s on the carrier’s cable trays
Carrier engagement
If asked a question, direct to Dan Peterson or ATS
Communications
Do not offer assistance
Observe their activity, noise and conduct
Do not engage them if there is an issue, contact Dan
Peterson and/or ATS Communications
Radiofrequency (RF)
Radiation Safety Program
10 Mohit Joshi
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited RF radiation is a form of non-ionizing radiation
Causes molecules to vibrate, which can generate heat
It is not ionizing radiation
Creates enough energy to cause chemical changes by breaking molecular bonds
X-rays and gamma rays are forms of ionizing radiation This type of radiation is used in health care and nuclear weapons facilities 11 1. What is radiofrequency (RF) radiation?
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited Microwave ovens
Radar
Industrial heating and sealing processes
Medical applications
Telecommunications & broadcast services:
Cellular antennas/base stations
Radio and television broadcasting
Radio communications for police and fire departments
Microwave point-to-point radio links
Satellite communications
12 2. What is RF energy used for?
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited 13 3. RF Radiation
FCC Limits for Maximum Permissible Exposure (MPE)
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited 14 3. RF Radiation
Radiation Pattern Lobes
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited Field patterns
Radiation pattern lobes
Gain (G)
Directivity (D)
Effective length (le)
Effective Aperture (Ae)
Radiation Resistance
Antenna Impedance
Polarization
Linear polarization
Circular polarization
Elliptical polarization
Bandwidth
15 3. RF Radiation
Radiation Pattern Lobes KPIs
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited FCC Guidelines
OSHA Standards
Voluntary Standards:
Institute of Electrical and Electronics Engineers (IEEE) State, Local & Other Standards & Requirements
16 4. What are the applicable regulations,
guidelines, and voluntary standards?
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited Challenges:
Identifying RF generating devices where work needs to be performed Determining if exposure limits are being exceeded and protective measures 17 5. What does a potential hazard look like?
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited Prominently posted
Containing information on the risk and
ways to minimize the risk
FCC recommends the
ANSI C95.2-1966 format
18 Example of an RF Radiation sign
6. Hazard Identification
Look for Signs
19 7. Hazard Identification
Follow the Instructions
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited What to consider:
Distance from antennas
Direction and angle of antennas
Height of antennas
Walkable surface around and from antennas
Exercise caution:
Assume all antennas are active and operating at full power Stay away from the antenna
Request to have the antennas powered down or moved
As part of a safety program:
Use a personal RF (field) monitor
Use RF protective clothing
20 8. What can be done to work safely?
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited RF radiation is a potential hazard for construction workers because:
It is invisible
Antennas come in different shapes and sizes and may be concealed Power levels generated by these devices vary
The risk increases with the number of devices, distance, and time Symptoms of overexposure are often attributed to strenuousness work or a non-occupational illness
RF radiation may interfere with medical devices
Limited research on the long-term health effects
21 9. Summary
Printing, Copying, Editing & Reproduction of this document as whole and/or in pieces is prohibited US federal & WHO websites:
NCI: “currently no consistent evidence that nonionizing radiation increases cancer risk …The only consistently recognized biological effect of radiofrequency energy is heating.”
FDA: “The scientific evidence does not show a danger to any users of cell phones from RF exposure, including children and teenagers.” FCC: “currently no scientific evidence establishes a causal link between wireless device use and cancer or other illnesses.”
WHO: “To date, no adverse health effects have been established as being caused by mobile phone use.”
22 9. Conclusion
What Water Districts
Should Know
Overall Summary and Conclusion:
Be aware of your surroundings
Observe who is on site and why
Just because you can’t see if doesn’t mean you are safe, know your surroundings
Look up as well as down
Observe all signs
Report anything that might feel is harmful
Questions?
1 Policy and Procedures
for
Wireless Communications Facilities
Located on City Properties
2 Contents
1. Introduction ............................................................................................................................................... 4
2. Communications Facility Development Guidelines and Requirements ................................................... 4
2.1 Universal Work Requirements ..................................................................................................... 4
2.1.1 Proposed Facilities (Additions / Modifications) ................................................................... 7
2.2 Requirements for Proposed Site Plans and/or Construction Drawings ........................................ 7
2.2.1 Signature Block .................................................................................................................... 7
2.2.2 Drawing/Plan Notes .............................................................................................................. 8
2.2.3 City Contacts ........................................................................................................................ 8
2.2.4 City Facility Name / Address ............................................................................................... 8
2.2.5 License Equipment Schedule ............................................................................................... 8
2.3 Access to City Facilities ............................................................................................................... 8
2.4 DIG ALERT ................................................................................................................................. 8
2.5 Omitted – (future use). .................................................................................................................. 8
2.6 Attachments to City-owned facilities ........................................................................................... 8
2.7 Trench Detail ................................................................................................................................ 8
2.8 Softscape Replacement ................................................................................................................. 9
2.9 Work Hours .................................................................................................................................. 9
2.10 Site Restoration / Rehabilitation ................................................................................................. 10
2.10.1 Paved Areas ........................................................................................................................ 10
2.10.2 Landscape Areas ................................................................................................................. 10
2.10.3 Ball Field Lighting ............................................................................................................. 10
3. Lease Rent and Term .............................................................................................................................. 10
4. Communications Facility Application/Construction Process and Procedures ........................................ 11
5. New Communications Facility Application Review ............................................................................... 13
6. Site Access and Security- Installation and Subsequent Maintenance Operations .................................. 14
6.1 Security Measures & Access Regulations .................................................................................. 14
6.1 Ongoing Operations .................................................................................................................... 15
7. Decommission /Termination Process ...................................................................................................... 15 Appendix A Communication Facility Site Lease Agreement - Template ................................................ 17 Appendix B Communication Facility Site Lease Amendment Template................................................. 18 Appendix C Application Form ................................................................................................................. 19 Appendix D Fee Schedule ........................................................................................................................ 21 3 Appendix E Signature Block and Equipment Table Sample .................................................................... 22 Appendix F Construction Notes, General Notes Plan Notes & Requirements ........................................ 23 Appendix G Wireless Communications Facilities on City-owned Property ............................................ 27 CITY HALL ............................................................................................................................................ 28 CITY YARD ........................................................................................................................................... 28 DESERT SANDS PARK ........................................................................................................................ 29 DOMENIC MASSARI ........................................................................................................................... 29 DRYTOWN PARK ................................................................................................................................ 30 MARIE KERR PARK ............................................................................................................................ 30 MCADAMS PARK ................................................................................................................................ 31
4 1. Introduction
The City of Palmdale has a history of facilitating the development and deployment of WCFs on City- owned property. As of the date of this Policy, the City has approximately 75 WCFs located throughout its community, with a total of 14 existing WCF sites on 7 City-owned properties. In recent months the City has seen an influx of new WCF project proposals. And, with the carriers’ 5G roll-out, anticipates a significant amount of new project proposals to modify existing WCF’s as well as develop new facilities on City-owned properties within the City’s Public Rights-of-Way.
In an effort to address these new challenges, the City has endeavored to create and update a standardized program of policies and procedures. These policies and procedures ("Policy") establish the terms and processes under which new wireless facilities will be permitted on City property as well as providing rules and regulations for modifications to existing wireless facilities on the City- owned property.
Under this Policy, the City will balance its interest in maximizing additional revenues from wireless communication companies with due consideration for operational needs related to use of City properties, flexibility to allow changes-in-use of its facilities, and adequate protection against safety concerns related to use of its sites for communications facilities.
The terms and requirements set forth in this Policy shall apply to all existing WCF leases on City owned property. As existing WCF leases expire or are amended, as necessary, these leases will be executed under and in compliance with this Policy.
This Policy may be amended from time-to-time by the City Council, in its sole discretion, by properly noticed public hearing. The City shall notify, in writing, Lessees, in advance, of any proposed revision to this Policy. However, it is the responsibility of all applicants and/or Lessees to comply with the most current Council approved version of the Policy.
2. Communications Facility Development Guidelines and
Requirements
All wireless communications facilities on City-owned properties shall be installed, modified, or altered, according to this Policy, and shall comply with the policies, procedures, guidelines and requirements outlined in this section and elsewhere in this Policy. The Policy rules and regulations apply to all sites and communications facilities installation, work and operations, whether under new lease, or pursuant to existing lease arrangements.
2.1 Universal Work Requirements
The following requirements apply to all sites, and any reference to "Lease" or "Lessee" shall also be deemed to mean "License" and "Lessee," as applicable:
1. The term “work” shall mean any activity (e.g., construction, installation, maintenance, repair, replacement, addition of equipment) that (i) touches the City properties and/or requires entitlements from the City (as the jurisdiction with governing authority), and/or (ii) requires City approval pursuant to an existing lease (the City as the Property Owner – Separately, and in addition to section (i) above). All other activity including maintenance, repair, alteration, 5 removal, installation of equipment within the Leased Premises or in the equipment area not requiring permits shall be deemed “maintenance” operations and shall require notification and written acknowledgment from the City’s Department of Public Works only.
2. Prior to installation of a new wireless communications facility, or to perform any work on an existing facility, other than maintenance, the applicant must obtain approval from the appropriate City Divisions (e.g. Planning, Building and Safety, Parks and Recreation, Engineering, etc.) through submittal of applications and plans for City review and approval as well as the appropriate fees pursuant to the attached Fee Schedule (see Appendix D). The consultant shall follow all requirements of the city in both the landlord and municipality roles.
The City as the landlord requires the consultant must submit a complete site application and a send a set of site plans and/or construction drawings for the City to review and approve as the landlord. This application to the City as the landlord does not fulfill any of the obligations that is required to the City of Palmdale in is municipal role. Please reference code 111.3 (Appendix AB) for details of the submittal process to the City Divisions (e.g., Planning, Building and Safety, Parks and Recreation, Engineering, etc.)
3. Lessee shall be responsible for obtaining any easements required from third parties to access City Property, as necessary. If access to the Premises requires an easement affecting the property of a third-party, no work shall commence prior to Lessee providing documentation relating to access to the Premises and demonstrating said easement(s) has/have been secured.
4. No work shall commence without a fully executed lease or amendment, as applicable.
5. No work or submittal to the City of Palmdale (municipal role) work shall commence prior to the City’s Public Works Department (landlord role) receiving and approving a set of working Site Plans and/or Construction Drawings for the proposed communications facility work signed and stamped by a licensed professional engineer.
6. No work shall commence prior to Lessee obtaining all governmental approvals including: (i) planning/zoning approval;) (ii) applicant signed acknowledgement of Conditions of Approval (as applicable); (iii) a Building Permit; and (iv) and an Encroachment Permit issued by the City’s Department of Public Works (see Encroachment Permit).
7. No work shall commence prior to the issuance of a Letter of Consent by the City’s Department of Public Works. The City’s Department of Public Works with concordance of Parks and Recreation will issue a Letter of Consent once all the requirements of this Policy and the provisions of the lease have been met by the applicant and the City (as the Property Owner) has determined that work may commence. The City signed Letter of Consent shall accompany the Site Plans and/or Construction Drawings reviewed and approved by the City (as the as the jurisdiction with governing authority).
8. No work shall commence prior to a pre-construction meeting. A pre-construction conference to include a representative(s) of Lessee, its contractor(s), and members of the City of Palmdale (Public Works Department, Parks and Recreation Department, Park Maintenance, Engineering Building and Safety) shall be held on site at least one week prior to beginning any proposed work activity at which time a proposed work schedule and 24-hour contact information (subcontractor) shall be provided to the City’s Department of Public Works.
9. No work shall commence prior to any subcontractor(s), to be engaged in any work activity, delivers its Certificate of Insurance, with the proper site name and site number described in the lease, to the Department of Public Works.
6 10. No work shall commence after issuance of a Letter of Consent and approved Site Plans and/or Construction Drawings by City without advance notice of the dates of the proposed work activity. The City’s inspector shall be notified at least two working days prior to beginning any work.
11. The City reserves the right to withdraw its consent for any “work” activity, at the sole discretion of the City, if Lessee’s or its contractor(s) have failed to satisfy the terms of this Policy; or, if the affected City facilities require maintenance work that may interfere with the Lessee’s proposed work schedule.
12. Any proposal for work at a City-owned Property must include stamped engineering structural analysis demonstrating, to the satisfaction of the City, that all equipment mounted to any structure(s) located at a City-owned Property will not compromise the structural integrity of those facilities and/or shall meet the necessary structural requirements to support the existing and proposed equipment.
13. Projects on park property may not interfere with existing resident use of the property.
14. NO work on Park property may negatively impact grey and green infrastructure i.e. impeding routine maintenance, interfering with irrigation cycle coverage, compaction of turf or planter areas, damage to concrete walkways, trenching, and/or staging of material within tree root protection zones. Underground directional boring at a minimum depth of 48" will be required in areas where trenching impacts tree root protection zones. The City, at its sole discretion, may require the installation of 6' temporary chain link fencing to ensure protection of Park infrastructure during the course of permitted work.
15. Lessee has one year from receipt of the City Letter of Consent and approved drawings to complete the proposed work activity. Any extension to this timeframe is at the sole discretion of the City and is only valid if provided in writing. If the work activity has not been complete within one year (or such extended period as permitted by the City in writing), Lessee (or its authorized applicant and/or subcontractor) shall be required to re-file with the City for its proposed work including the payment of all fees necessary to review the proposed work activity.
16. Lessee’s personnel, including authorized representatives and subcontractors, must ensure that the City’s Property is accessible at all times to City personnel and the public, in accordance with the requirements under Section 2.3 of this Policy.
17. Lessee and its subcontractors shall take precautionary steps to prevent damage and be responsible for any damage due to construction work or other activities at a City-owned Property, and, upon request by the City, shall promptly return damaged facilities to pre-existing condition, or better, at no cost to the City. Lessee shall ensure its subcontractors comply with the foregoing. In the event Lessee does not respond in a timely manner, the City may perform the necessary repairs caused by Lessee’s subcontractor(s) and bill Lessee for said repairs, which Lessee shall pay within thirty (30) days of receipt of invoice.
18. All new and existing communications facilities and equipment owned by the Lessee shall be properly tagged, identifying the Lessee’s name, site name and/or site number and 24-hour Emergency phone number.
19. Lessee and/or its subcontractor(s) shall have a copy of any necessary permit(s) (e.g., Building Permit(s)) and the City stamped Site Plans and/or Construction Drawings on-site at all times 7 during work activity. Failure to present said documents, upon request, will result in an immediate “stop work” order.
20. The Lessee, and/or its subcontractor(s), are responsible to ensure the area surrounding the work activity cannot be accessed by the public at any time while work activity is occurring.
21. Trenching, as part of any work activity, must conform to the requirements of Section 2.7 Trench Details.
22. Lessee, and/or its subcontractor(s), shall schedule a post construction inspection at least three (3) working days in advance of completion of work activity.
23. Lessee, and/or its subcontractor(s), shall provide the City with the City approved Site Plans and/or Construction Drawings with field mark-ups, if any, on the appropriate sheets (as necessary) after the final inspection. These Site Plans and/or Construction Drawings shall represent the as-built “Record Drawings” and allow the City to close-out the project upon completion of the work activity.
24. Lessee, and/or its subcontractor(s), shall comply with all applicable local, state, and federal laws, including but not limited to health and safety requirements pertaining to the construction, installation, operation and maintenance of the cell carrier facility, and requirements of the Occupational Safety and Health Administration (OSHA), including any safety and injury prevention program in place that is required under applicable laws and regulations. A copy of such program, if required by law or regulation, shall be available on site for inspection at all times and employees and/or subcontractor(s) of the Lessee shall be trained accordingly.
Furthermore, Lessee is responsible for, and shall adhere to, any and all Environmental Site Assessments, limited asbestos & lead-based paint surveys, the Section 106 process, including:
FCC Forms 620 & 621; Cultural Resource Assessments, Biological Assessments, and all other NEPA-related documentation for proposed communications equipment installations.
2.1.1 Proposed Facilities (Additions / Modifications)
Documents, (including applications, drawings, structural calculations, permits, reports, etc.), submitted to the City for review shall show only the facilities being installed and match the project’s scope of work detailed on the project application form. No “future equipment” shall be indicated on any set of Site Plans and/or Construction Drawings, only equipment that is proposed for immediate installation will be accepted on any project application. Project Application shall be accompanied by the appropriate fee(s) as described in Appendix D
2.2 Requirements for Proposed Site Plans and/or Construction Drawings Site Plans and/or Construction Drawings must be submitted for the purpose of evaluating the location and other aspects of the proposed work as it relates to the on-going operations of the City’s facilities.
Any Site Plans and/or Construction Drawings submitted for review to the City in conjunction with a proposed or existing communications facility must contain the following:
2.2.1 Signature Block
The title page of the Site Plans and/or Construction Drawings set shall include a signature block for the City Manager (or its designee), as the Property Owner. See sample signature block in Appendix E.
8 2.2.2 Drawing/Plan Notes
Site Plans and/or Construction Drawings shall include City’s Construction Notes pursuant to Appendix F - Construction Notes, General Notes Plan Notes & Requirements. Construction Notes shall appear on the general notes sheet(s) of the submitted plan set.
2.2.3 City Contacts
Site Plans and/or Construction Drawings shall have a City inspector’s contact information listed on the title sheet. Lessee may obtain the current contact information from the City’s Department of Public Works by calling 661-267-5300.
2.2.4 City Facility Name / Address
The title page of Site Plans and/or Construction Drawings submitted to the City for review (both as Property Owner and the jurisdiction with governing authority) shall have the City Facility Name listed prominently and shall include the City’s site address (in addition to Lessee’s meter address, if different).
2.2.5 License Equipment Schedule
The title page of Site Plans and/or Construction Drawings submitted to the City for review shall include an equipment schedule listing the leased equipment, equipment existing on site and the equipment totals upon completion of the work activity (See attached Equipment Schedule - Appendix E).
2.3 Access to City Facilities
Lessee, and/or its subcontractor(s), shall maintain access to the subject property at all times to City personnel. Open trenches shall be properly plated at the end of each working day to allow for 24- hour access to the site. Access to any City Property, except in the case of emergency, shall be during normal business hours 8 a.m. to 5 p.m. Monday – Friday.
2.4 DIG ALERT
Lessee, and/or its subcontractor(s), shall notify underground service alert (DIG ALERT) at least two working days prior to beginning construction that requires digging at 1-800-422-4133. Any City facilities (e.g., gas line, water line, electrical line, etc.) to be crossed shall be potholed to verify location prior to working in the vicinity of City facilities.
2.5 Omitted – (future use).
2.6 Attachments to City-owned facilities
All wireless communications facilities located on a City-owned facility must ensure the existing and proposed equipment meet the structural requirements to ensure integral safety to City personnel as well as the general public.
2.7 Trench Detail
Trench details must show:
a. Depth and width of the trench
b. Backfill material list
9 (i) Paved areas - one-sack cement slurry shall be used to within 1-inch of existing pavement
(ii) In unpaved areas - suitable native material shall be used with 90% minimum compaction; a compaction report must be provided to the City c. All hardscape to be saw cut. Subcontractor shall be responsible for supplying water for its own use.
d. Minimum 30- inch depth to top of conduit or as directed by City. e. AC replacement -1st lift 3/4-inch mix, relative compaction 95%, no more than 3- inch placed at any one time. 2nd lift, 1/2-inch fine, no more than 1- 1/2-inch lift. f. Slurry seal the entire work area for the full width of the access road / paved areas or as directed by City inspector after work is completed.
2.8 Softscape Replacement
Site Plans and/or Construction Drawings must depict the replacement or repair of all landscaped areas. If work is to be performed in any unpaved areas, these notes must be present on the site plan (see, Appendix F):
1. Lessee, and/or its Subcontractor(s), shall Protect-in-Place all landscaping.
2. Lessee, and/or its Subcontractor(s), shall avoid removal of trees and shrubs in design process and any conflict requiring removal of City landscaping must be pre-approved by Park Superintendent with appropriate remediation according to appraisal provided by Park Superintendent or appointed designee .shall ONLY remove trees and shrubs as marked on Site Plans and/or Construction Drawings.
3. Any damaged landscaping shall be replaced in-kind with 5-gallon (minimum) shrubs and 15-gallon (minimum) trees of similar size, or as specifically directed by the City’s Department of Public Works Staff (or its designee).
4. Landscaped areas exposed or disturbed by work activity shall be covered with approved mulch to a depth of 2 inches, or as specifically directed by the City’s Department of Public Works (or its designee).
5. Lessee, and/or its Subcontractor(s), shall contact the City’s Department of Public Works, Parks Maintenance Section and adhere to requirements set forth by Park Superintendent or appointed designee prior to installation of any landscaping.
2.9 Work Hours
Lessee, and/or its Subcontractor(s), may work only during approved work hours, which shall be coordinated with the Department of Public Works. The City reserves the right to restrict work hours.
Any work activity request outside these hours will require express written permission from the City, and any such approval shall be at the City sole discretion. The use of nighttime flood lighting is strictly prohibited. However, in the event Lessee determines that nighttime lighting is necessary, Lessee may submit a lighting plan and schedule for the City’s review. Any approval shall be considered on a case-by-case basis, and the City’s sole discretion, whether to allow the nighttime lighting and under what circumstances and conditions will be allowed. 10 2.10 Site Restoration / Rehabilitation
2.10.1 Paved Areas
Any work activity to Lessee’s facilities that requires trenching and/or boring to an existing paved area shall be restored pursuant to Section 2.7 Trench Details above; or, shall be repaved/restored, as determined by the City, at its sole discretion. During the term of the lease, Lessee shall be responsible for a pro-rata share of the cost associated with City’s resurfacing certain paved areas affected by Lessee’s use of the City property.
2.10.2 Landscape Areas
Lessee shall be responsible for restoring any City landscaped area affected by Lessee’s facilities pursuant to 2.8 Softscape Replacement above. Any landscape features disturbed, removed, or damaged by Lessee and/or its contractor(s) shall be replaced with new features, as determined by the City’s Department of Public Works. The Property affected by Lessee’s work activity shall be restored to a condition equal or better. For full site decommission requirements (see Section 7 Decommission / Termination Process).
2.10.3 Ball Field Lighting
The City must ensure the integrity of its ball field lighting program. The City must therefore, from time-to-time, rehabilitate its ball field facilities affecting certain Lessee light pole attached equipment. Lessee may be required to remove part or all of its ball field mounted equipment and/or make arrangements to power down and/or relocate certain equipment to a temporary structure for the duration of the City’s ball field lighting rehabilitation project.
The City shall provide notice to Lessee, to the best possible extent, but not less than 90 days advanced notice of any City scheduled ball field lighting rehabilitation project requiring Lessee to remove its light pole-mounted equipment. Lessee, upon receipt of City’s written notice, shall immediately engage the City’s Department of Public Works as soon as commercially possible, to coordinate the powering-down and/or removal of its light pole-mounted equipment to temporary structure (e.g. “flowerpot”, COW, etc.). All costs associated with the temporary relocation of Lessee’s equipment shall be pursuant to the terms in the lease.
3. Lease Rent and Term
The following rent and term/option term provisions of this Policy will be incorporated in each lease agreement, as applicable:
1. All new leases shall contain the terms as outlined in this Policy, and shall be in substantially the form of the Communications Facility Site Lease Agreement (SLA) attached in Appendix A. Any such lease may be granted by the City that is substantially conforming to form of the SLA attached in Appendix A, identifying the specific City- owned Property, setting forth the particular terms and conditions therein.
2. The terms, process and procedures outlined in this Policy shall also apply to any requests for amendments, modifications, or changes to existing communications facility leases agreements.
11 3. All new leases shall have a term (Lease Term) shall be for 10 years. At the option of Lessee shall continue for three additional 5-year periods (Option Period), provided Lessee is not currently in default under the lease.
4. The Rent amount for the 10 year Lease period shall be negotiated between the City and Lessee and shall be payable in monthly payments. The Rent shall be deemed due on and payable within 45 days of the Effective Date delineated in each SLA. The Rent shall be subject to an automatic yearly increase of three percent (3%) and shall occurring on each anniversary throughout the Lease Term and Option Period(s).
5. Upon the first year of the Option Period, the Lease fee is subject the higher of (i) three percent (3%) over the amount of the Lease fee in effect immediately prior to the Option Period; or (ii) the amount (if any) that exceeds calculated by increasing the first Rent paid in the Lease Term by the increase in the Consumer Price Index (All Items, Base 1982- 1984 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics for All Urban Consumers for the Los Angeles-Long Beach-Anaheim (CPI-U) over the Lease Term as measured in the month three months prior to the expiration of the Lease Term.
6. The City Council may delegate authority individually to the City Manager or their designees, to review and approve all lease applications and to enter into lease agreements in accordance with this Policy, including determination of the negotiated the annual Lease Rent.
7. At expiration, any existing lease for a communications facility will be replaced with a new lease permitted under this Policy and in accordance with the terms hereof; or, upon a Lessee’s request for any major modification, provided such Lease is not in default under the terms of such existing communications facility arrangement and as determined by the City.
8. Lessee may submit an application, at any time, for a new SLA, with the understanding that the time remaining on its current agreement will not be added to the new agreement. It is recommended Lessee makes application for a new SLA at least six months prior to the end of the current agreement to ensure enough time to complete the City review and approval process. Should the agreement lapse, the City shall charge a holdover rental rate of 150% of the then current rental rate on a pro-rata basis.
9. Upon completion of construction and final acceptance of communication facility located on City-owned property Lessee shall execute a bill-of-sale, in such cases where an existing structure is removed and replaced with a new structure (e.g., ball field light pole, flagpole) or when a new co-locatable structure is erected (e.g. faux water tank, slim-line monopole.
4. Communications Facility Application/Construction Process and Procedures
All applications for proposed work on a City Property shall follow the general Application Process Guidelines (from Project inception to project completion “close-out”). Note: the term City is used here to differentiate between the City as the jurisdiction having governing authority and the City as the property owner.
12 1. Applicant (carrier authorized agent) contacts the City’s Planning Division to obtain the appropriate Application for a proposed project (New Build, Modification or Decommission.
2. Applicant is referred to City’s wireless communications consultant (Consultant).
3. Upon contact, City’s Consultant shall provide the Applicant with a copy of the City’s current Communication Facilities Policy and the City’s Communications Facilities Project Application form (the purpose of this form is to process the application from the City as the property owner’s perspective and is separate from the Planning Division application).
4. Applicant shall complete the Communications Facilities Project Application Form, sign and date, then submit the form back to the Consultant accompanied by a check for the appropriate fees.
5. Consultant shall review the application for accuracy, clarity, and completeness. Upon Consultant’s satisfaction, the application shall be delivered to the City for its review and acceptance. The City/Consultant shall log the application and provide the Applicant a receipt for the fees received, along with a project tracking number.
6. Applicant will coordinate with the City/Consultant for Site access, as necessary, for Architectural & Engineering surveys (A&E and/or Design site-visit).
7. Applicant shall provide Consultant with preliminary Site Plans and/or Construction Drawings for City/Consultant’s review.
8. City/Consultant may require the Applicant to correct or modify the Site Plans and/or Construction Drawings, by providing Applicant with redlined Site Plans and/or Construction Drawings with comments for corrections/modifications, as necessary.
9. Applicant shall provide City/Consultant a set of revised Site Plans and/or Construction Drawings for City’s final review and approval. Upon final approval of the Site Plans and/or Construction Drawings, the City shall provide the Applicant a Letter of Authorization (LOA) allowing the Applicant to submit the proposed project to the City’s Planning Division and Building & Safety Division (and Engineering Division as applicable) for all necessary entitlements/permits. If City Divisions require further modifications to the City approved Site Plans and/or Construction Drawings, Applicant shall obtain City’s written approval for said modifications to previously City approved Site Plans and/or Construction Drawings.
10. Once the Applicant has obtained all required entitlements and has fulfilled the requirements listed in Section 3 above the City will issue a Letter of Consent (LOC) allowing Lessee to initiate the construction process (work).
11. Prior to the start of work, Lessee and/or its subcontractor, shall proceed as follows:
a. Provide a copy of the City stamped and signed Site Plans and/or Construction Drawings;
b. Provide a copy of the City issued Building Permit;
c. Conduct a pre-construction site visit with Lessee’s subcontractor and the City’s Department of Public works and/or its designee;
d. Provide a copy of subcontractor’s certificate of insurance (COI’s); 13 e. Provide a 24/7 contact for name and number for the subcontractor managing the work project;
f. Provide a construction schedule;
g. Take photographs and/or video of the access route and area surrounding the project work area and provide copies to the CITY/Consultant; h. Obtain a separate encroachment permit (Encroachment Permit) issued by the City’s Department of Public Works.
12. Lessee’s subcontractor shall check-in each day of work activity by calling/texting the City’s Department of Public Work’s inspector or designee (City Inspector).
13. Upon completion of work Lessee’s subcontractor shall schedule a walk-through with the City Inspector to identify and list any issues, work-related deficiencies, or damages to the City’s facilities (i.e., “punch-list”), if any.
14. Once all punch-list items are completed, Lessee’s subcontractor shall schedule a final walk-through with the City Inspector.
a. Upon the City Inspector’s final acceptance of the work, Lessee and/or its subcontractor shall provide the City/City Divisions a set of “as-built” Site Plans and/or Construction Drawings labeled “RECORD DRAWINGS” on the Title Sheet, and show all field changes on the appropriate sheets, if any. If no field changes were made, a note indicating “BUILT TO PLAN” shall be depicted on the Title Sheet.
b. In addition to submitting “RECORD DRAWINGS”, the Applicant shall sign-off on the City issued Letter of Consent and return this document to the City/Consultant for final project close-out.
15. Upon City/City Division acceptance of the “RECORD DRAWINGS” and receipt of the signed/dated Consent Letter from Lessee’s representative, the City Inspector (or its designee) shall sign, date and return the Letter of Consent to the Applicant, indicating the project has been accepted as complete and successfully closed out.
5. New Communications Facility Application Review
The following steps make up the City’s Application Review process for new site builds:
1. Staff shall verify the City’s interest in entering into a lease agreement for a wireless communications facility located on the proposed City property in light of its intended use, that is, that the City’s interest is not restricted to reservoir purposes only (or pump/lift station or other specified facility purposes, as the case may be), or that the language in any deed granting the site to the City may be construed to allow no other uses than those uses "incidental" to City purposes.
Access to City property by third-party easements shall be the responsibility of the applicant to verify and secure, if necessary, prior to the City approval of any work activity.
2. Staff shall review the contents of applicant's submission and determine whether the application is complete. Staff shall endeavor to complete such initial review for completeness within thirty (30) calendar days.
3. Upon a determination by Staff that the application is incomplete, Staff shall advise the applicant in writing of the deficiencies in the application, or request such additional information which, in the sole discretion of the City, shall make the application complete. Applications are valid for one 14 year from the date of the application receipt. Should the applicant fail to complete the project, pursuant to the subject application, within this time-frame, the application shall be deemed withdrawn, unless an extension has been requested and granted. The City may allow an extension to the application at its sole discretion. Re-submission shall require a new application and application fees.
4. Upon finding that the application is complete, Staff or its agent shall review the application to determine whether the application meets all policies and requirements outlined in this Lease Policy or as otherwise incorporated by reference herein.
5. Staff shall consider the safety of City employees and all invitees and authorized volunteers in evaluation of new communications facilities arrangements or major modifications to existing communications facilities.
6. If the application meets all policies and requirements, Staff will pursue negotiation and execution of the SLA with the applicant, consistent with the Lease Policy.
7. Entering negotiations with the applicant does not obligate the City to continue negotiations or reach agreement with the applicant. If agreement cannot be reached within a reasonable period, as determined by the City, staff may terminate negotiations and the application will be deemed denied without liability to the City. Under no circumstances shall the applicant be entitled to a refund of the application fees.
6. Site Access and Security- Installation and Subsequent Maintenance Operations
6.1 Security Measures & Access Regulations
The City is subject to local, State, and Federal law, including Homeland Security regulations. The City reserves the right to require additional security measures and impose access regulations to comply with applicable laws and City requirements including but not limited to:
1. Rules and guidelines for each City site are at the sole discretion of the City and must be adhered to by each Lessee. Failure to follow the City rules and guidelines are cause for revocation of access to the property.
2. Rules and guidelines may be established for each City site based on the unique characteristics of the site.
3. Lessee may not make any other attempt to enter a City property without first notifying the City.
4. Lessee may not leave their enclosure open and unattended for any reason.
5. In the event of vandalism, whether to the Lessee’s facilities or City property, Lessee must report it to the City immediately.
6. It is the responsibility of the Lessee to ensure the City property is properly locked upon leaving for any reason, where applicable.
7. If City personnel are at a facility when Lessee arrives, it is the responsibility of Lessee to announce their presence and to let them know when they leave.
8. Wherever possible, each Lessee shall design their equipment area to allow for private access without going through the main gate of the City facility site.
9. Prior to bringing a scissor lift or lift truck or similar vehicle to access their antennas or related equipment at the top of a pole, the City must be notified, and an encroachment permit pulled. This 15 requirement holds true for any type of work on the pole regardless of whether it is a modification or routine maintenance.
10. In the event a scissor lift or lift truck or similar vehicle is used for work on City property, at the completion of the use of the vehicle, it must be immediately removed from the premises.
11. Should a scissor lift or man-lift or similar vehicle need to remain on City property in the course of continued work, the vehicle must be moved away from any structures and secured in a safe location. The vehicle should be made inoperable including by not limited to the battery being removed from the vehicle.
6.1 Ongoing Operations
1. Ongoing operations and maintenance of the Lessee's facility shall comply with all applicable local, state, and federal laws and regulations, this Lease Policy, and the requirements of an executed Lease.
2. No unauthorized work is allowed. In the event Lessee installs any equipment outside the parameters of their Lease without the prior written authorization of City, the City may, at its sole discretion, determine to terminate the agreement with the Lessee, and/or charge an unauthorized facility fee in accordance with the Lease as additional compensation to the City.
3. Any equipment additions or modifications made to any communications facility beyond the original Leased equipment / area are subject to an increase to the current annual Rent, on a monthly pro-rata basis, and subject to the same annual Rent escalation.
4. No subleasing/sublicensing is permitted. Any new carrier wishing to collocate on an existing approved telecommunication structure must acquire additional ground space from the City directly.
5. Flagpole sites: a) Lessee to provide manufacturer for flagpoles including detail on flag pulley system, b) Lessee to provide manufacturers maintenance recommendations for flag pulley system, c) Lessee to inspect, report, maintain and repair flag pulley system as required by manufacturer recommendations within 7 days of notification by City staff to lessee. For all new agreements the carrier must provide new flags once a year for the flagpole.
7. Decommission /Termination Process
Any Lessee that decides to decommission its Wireless Communications Facility (“WCF”) on any City- owned properties must follow the process described herein:
A. Lessee (and/or its agent) shall submit a letter to the City, by certified mail or equivalent, indicating Lessee’s intention to decommission its WCF located on City property. The letter shall include Lessee’s site name, site number, City facility name, site address, contact person, mailing address, e-mail address, phone and intended timeframe for the proposed decommission activity.
B. The City shall provide Lessee (and/or its agent) a return letter acknowledging Lessee’s intention to decommission its WCF and direct Lessee to contact the City’s Consultant to initiate the application process.
16 C. Upon Lessee’s contact, the City’s Consultant shall direct Lessee to follow the general Application Process Guidelines (from Project inception to project completion “close-out”) outlined in Section 4, above.
D. Upon completion of the decommission work activity and acceptance by the City/City Divisions, the City will provide a notice letter indicating the date of termination (“Notice of Lease Termination”). Lessee shall be responsible for paying all Rent due through to the date of the Notice of Lease Termination. Any pre-paid Rent shall be retained by the City. Lessee agrees to execute and record a quitclaim deed or other instrument evidencing the termination of Lessee’s interest in the Property upon the expiration or termination of the Lease. 17 Appendix A Communication Facility Site Lease Agreement - Template (Currently separate document – to be added upon final approval)
18 Appendix B Communication Facility Site Lease Amendment Template (Currently separate document – to be added upon approval)
19 Appendix C Application Form
WIRELESS COMMUNICATION APPLICATION
Required for all New & Existing Wireless Communication Facilities The purpose of this form is to ensure that the goals and objectives outlined in Communications Policies and Procedures will be met with each submitted project. All Application Fees are valid for 12 -months from receipt of the Application. CITY, at its sole discretion, may extend the time allowance for this Application.
Payments should be made payable to CITY and accompany this application. Application fees listed on Appendix D.
Total Fee: $____________ Check #:
CITY Site Name:
Site Address:
APN#:
Wireless Service Provider Name (Carrier):
Local Address:
Carrier Site Number/Name:
____ New Build Modification ____Decommission
Antenna(s) (Y/N): Number / Size:
Microwave dish (Y/N): Number / Size:
Remote Radio Unit (Y/N): Number / Size:
Surge Suppressors (Y/N): Number / Size:
TMA/LNA (Y/N): Number / Size:
Trenching (Y/N): Location/Length:
20 Detailed description of project:
Equipment Area Description:
Interior / Exterior: Size: Square Feet:
Enclosure material:
Enclosure screening material:
Access to equipment:
Antenna Aesthetic mitigation measures:
Correspondence regarding this application should be sent to:
Agent Company:
Agent Name:
Address:
Phone:
E-mail:
• X
Applicant Signature Date
CITY only
Payment Received: $________________ Date:
Submittal Date: ________
Tracking No.: Log Date:
21 Appendix D Fee Schedule
CITY OF PALMDALE
Communication Policy
Fee Schedule1
Checks for site applications fees should be made payable to the CITY OF PALMDALE. All checks must be made specifically for each property and for each type of fee. Prior to cashing the checks, the CITY will review each application and determine if all the application fees are necessary. If a fee is not necessary, the CITY will return the check. Once submitted, the fees are specific to that project and may not be reassigned to another project. In the event a project is cancelled or re-scoped, the CITY, at its sole discretion, will determine if all, part, or none of the fee(s) will be returned. Applications are valid for twelve (12) months from the date of receipt of payment. Failure to complete the application process may result in denial of the project and surrendering of the fees paid.
1. Application for Site Modification / new Lease / Amendment / Decommissioning: $4,500.00
2. Letter of Authorization issued by the CITY to commence zoning and permitting – included
3. Letter of Consent issued by the CITY to commence construction – included
4. Specialty field inspections - $75 per hour (landscaping, trenching, compaction, etc.)
5. Application for assignment, change of ownership or entity - $2,250.00
6. Additional equipment, beyond the original Leased design, will be charged per additional piece of equipment to Rent, pro-rata, subject to the same terms and conditions contained with the Lease. • Antenna(s): $200 per antenna
• Cabling: $100 flat rate
• RRU/Raycaps(s): $50 per unit
• Microwave: $150 per antenna
7. Additional lease space subject to negotiation.
1 These processing application fees are in addition to the “Rent Lease fee” required under the Lease Agreement and/or Amendment.
22 Appendix E Signature Block and Equipment Table Sample
Signature Block and Equipment Table Sample - required on all title pages of drawings submitted to CITY for approval for Lessee’s improvements.
CITY OF PALMDALE
_________
Name & Title Date
CITY Site Name: ________________________________
APPROVED BY
LEASE
EXISTING ON
SITE
PROPOSED NEW
(TOTALS)
# OF PANNEL ANTENNAS
SIZE OF PANEL ANTENNAS
MICROWAVE ANTENNA
RRU's/RRH's
EQUIPMENT AREA
OTHER
23 Appendix F Construction Notes, General Notes Plan Notes & Requirements
24 These construction notes must appear on the notes sheet(s) for all Drawings submitted for City review and approval:
CITY Construction Notes:
1. Prior to initiating work activity subcontractor shall schedule a pre-construction site visit to include the carrier’s representative(s) and/or subcontractor and the City Inspector, which shall be held at least one (1) week prior to initiating work activity and no longer than four (4) weeks from the start of work activity.
2. Prior to initiating work activity subcontractor shall provide the City of Palmdale’s Department of Public Works (City Inspector) a construction schedule.
3. If digging is required, subcontractor shall notify underground service alert (DIG ALERT) at least two (2) working days prior to initiating work activity by calling 1-800-422-4133. Any underground CITY facilities to be crossed or paralleled within five feet shall be potholed to verify location prior to working in the vicinity of CITY facilities.
4. Carrier’s subcontractor(s) shall notify the City Inspector at least two (2) working days prior to initiating work activity by calling (661) 267-5300.
5. Carrier’s subcontractor shall maintain safe and secure access to the project site at all times during work activity. At the end of each day of work activity open trenches shall be properly plated.
6. Subcontractor is responsible for meeting OSHA compliance rules and regulations including provisioning facilities for its workers for the duration of all scheduled work activity.
7. Subcontractor shall be responsible for any damage to CITY facilities, due to its work activities, and shall return damaged facilities to pre-existing condition or better at no cost to the CITY.
8. All new and existing facilities shall be properly tagged identifying the Carrier's name and/or number and a 24-hour emergency phone number. The Contractor shall ensure that RF and Emergency contact signage and placards are correct and meets the requirements of the City and FCC.
9. Subcontractor shall have a copy of the Building Permit, City stamped and signed Site Plans and/or Construction Drawings and a copy of the CITY’s Letter of Consent on-site at all times.
Failure to provide these documents upon request may result in a stop-work order.
10. Subcontractor shall saw cut all pavement. Backfill shall be one sack slurry or aggregate base to within 1" of existing AC.
11. Subcontractor shall provide a minimum cover of 30-inches on top of all conduits.
12. Subcontractor shall replace asphalt pavement with the following: 1 st lift - 3/4" mix, relative
compaction 95%, no more than 3" placed at any one time, 2nd lift - 1/2" fine, no more than 1-1/2" lift.
13. Subcontractor shall slurry seal the entire work area and any damaged areas curb to curb.
Subcontractor may be required to slurry seal additional areas related to Lessee’s facilities, as required by City Inspector.
14. If applicable, see, Section 2.8 Softscape replacement.
15. Subcontractor shall perform a final walkthrough with City Inspector upon completion of work activity.
16. Upon City Inspector approval subcontractor shall provide the CITY a set of as-built drawings by noting field changes, if any, on the appropriate sheets of the City stamped and signed Site Plans and/or Construction Drawings, labeling the title sheet as “RECORD DRAWINGS”.
25 General Plan Notes:
(Notes to be included on site plan and elevation sheets)
CARRIER'S - TO BE REPLACED BY NAME OF CARRIER
1. SEE DETAIL X/X-0X FOR FULL ANTENNA AND EQUIPMENT SCHEDULE AND CONFIGURATION. (This note is specific to Carrier's Site Plans and/or Construction Drawings)
2. PRIOR TO THE INSTALLATION OF ANY PROPOSED EQUIPMENT CARRIER'S
SUBCONTRACTOR SHALL INSPECT THE CONDITION OF ALL RELEVANT MEMBERS AND CONNECTIONS. ANY SIGNS OF FAILURE MUST BE REPAIRED OR REPLACED BEFORE PROPOSED EQUIPMENT IS INSTALLED.
If digging required: ADD the following COMMENTS TO SITE PLAN PAGE(S)
6. PRIOR TO COMMENCING WORK CARRIER'S SUBCONTRACTOR SHALL STAKE OR MARK THE FOLLOWING: ADJACENT CITY FACILITIES, ADJACENT PROPERTY
LINES, AFFECTED EXISTING OTHER CARRIER FACILITIES AND PROPOSED CONDUIT RUNS.
7. CARRIER'S SUBCONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT (DIG ALERT: 1-800-422-4133) AT LEAST TWO (2) WORKING DAYS PRIOR TO INITIATING ANY CONSTRUCTION ACTIVITY.
8. CARRIER'S CONTRACTOR TO VERIFY LOCATION OF EXISTING CITY WATERLINES AND PIPES PRIOR TO ANY EXCAVATION WORK. ANY CITY FACILITIES TO BE CROSSED OR PARALLELED WITHIN FIVE FEET SHALL BE POTHOLED – HAND DIGGING ONLY. CITY PIPES MUST BE FULLY EXPOSED WHILE CITY INSPECTOR IS PRESENT.
9. CARRIER'S CONTRACTOR SHALL SAW CUT ALL PAVEMENT AND BACKFILL WITH 1 SACK SLURRY OR AGGREGATE BASE TO WITHIN 1” OF EXISTING AC.
Other Requirements:
1. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately show the location of all existing antennas and carrier equipment on the property.
2. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately depict the equipment area dimensions (Leased Space dimensions & square footage).
3. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately depict the location(s) of all Lessee’s underground conduits (e.g. power, Telco and coaxial/fiber-power conduits).
26 4. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately depict the correct site address and assessor’s parcel number(s) (APN(s)).
5. If the Carrier’s facility was assigned a meter address that is different from the CITY’s site address, it should be noted on the Title Sheet of the Site Plans and/or Construction Drawings.
6. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately depict any third-party easement(s) required for site access (if any).
7. Lessee’s subcontractor(s) shall check-in each day of work activity by calling the City Inspector at (661) 267-5300.
27 Appendix G Wireless Communications Facilities on City-owned Property The following is a list of the current WCF’s located on City-owned property as of the date of the adoption of this Policy.
City property
Agreement
No. Address Carrier Description
City Hall A-5206 38250 Sierra Hwy Verizon Wireless City Hall - Flagpole City Yard A-5207 39004 3rd Street East Verizon Wireless City Yard - Slim-line monopole Desert Sands Park pending 39101 3rd Street East Crown Castle / Sprint to Dish
City Park - Ballfield Light Pole (co-
location with ATT/CCI)
Desert Sands Park A-4442 39101 3rd Street East Crown Castle / AT&T City Park - Ballfield Light Pole
Domenic Massari A-2911 37716 55th Street East T-Mobile (f/k/a MetroPCS) City Park - Ballfield Light Pole
Domenic Massari A-5204 37716 55th Street East Verizon Wireless City Park - Ballfield Light Pole
(Vaulted equipment)
Dry Town Water Park A-7102 4000 East Avenue S AT&T Park - Faux Water Tank (2 carrier capacity)
Dry Town Water Park A-5203 4000 East Avenue S Verizon Wireless Park - Faux Water Tank (2 carrier capacity)
Marie Kerr Park A-0877 2723 W Rancho Vista
Blvd
Sprint -
Decommissioning City Park - Ballfield Light Pole
Marie Kerr Park A-2910 39700 30th Street West T-Mobile (f/k/a MetroPCS) City Park - Ballfield Light Pole
Marie Kerr Park A-5208
39700 30th Street
West Verizon Wireless
City Park - Ballfield Light Pole (2
poles)
Marie Kerr Park A-0084 39702 30th Street
West AT&T City Park - Ballfield Light Pole
McAdams A-5205 38050 30th Street East Verizon Wireless City Park - Ballfield Light Pole McAdams A-0083 38115 30th Street East AT&T City Park - Ballfield Light Pole
Total 14
28 CITY HALL
Verizon Wireless Flagpole with vaulted equipment
CITY YARD
Verizon Wireless Slim-line monopole located in CMU block wall equipment enclosure
29 DESERT SANDS PARK
AT&T Wireless with Sprint co-located on Crown Castle ballfield light pole. AT&T’s equipment is located within the building and Sprints equipment is located within the wrought iron fence adjacent to the building structure.
DOMENIC MASSARI
1. 2.
1. T-Mobile ballfield light pole and CMU Block Wall Equipment Building
2. Verizon Wireless two (2) ballfield light poles and vaulted equipment.
30 DRYTOWN PARK
Verizon Wireless (Equipment located in Barn) and AT&T (Equipment to be located in Farmhouse – pending construction); Antennas located in faux water tank tower.
MARIE KERR PARK
1 2 3 & 4
1. AT&T – One (1) Slim-line monopole with CMU/Screened wall enclosure
2. Verizon Wireless - two (2) ballfield light poles with vaulted equipment
3. Sprint – One (1) ballfield light poles with CMU/Screened wall enclosure
4. T-Mobile (f/k/a MetroPCS) - One (1) ballfield light poles with CMU/Screened wall enclosure
31 MCADAMS PARK
1 2
1. AT&T - One (1) ballfield light poles with CMU Block wall equipment enclosure building
2. Verizon Wireless - One (1) ballfield light poles with CMU Block wall equipment enclosure.
Draft Policy & Procedures v. 2026.08 1
Policy and Procedures
for
Wireless Communications Facilities
CONFIDENTIAL
(Draft August 6, 2026)
Draft Policy & Procedures v. 2026.08 2
Contents
1. Introduction ............................................................................................................................................... 3
2. Communications Facility Development Guidelines and Requirements ................................................... 4
2.1 Universal Work Requirements ..................................................................................................... 4
2.1.1 Proposed Facilities (Additions / Modifications) ................................................................... 6
2.2 Requirements for Proposed Site Plans and/or Construction Drawings ........................................ 6
2.2.1 Signature Block .................................................................................................................... 6
2.2.2 Drawing/Plan Notes .............................................................................................................. 6
2.2.3 City Contacts ........................................................................................................................ 7
2.2.4 City Facility Name / Address ............................................................................................... 7
2.2.5 License Equipment Schedule ............................................................................................... 7
2.3 Access to City Facilities ............................................................................................................... 7
2.4 DIG ALERT ................................................................................................................................. 7
2.5 Omitted – (future use). .................................................................................................................. 7
2.6 Attachments to City-owned facilities ........................................................................................... 7
2.7 Trench Detail ................................................................................................................................ 7
2.8 Softscape Replacement ................................................................................................................. 8
2.9 Work Hours .................................................................................................................................. 8
2.10 Site Restoration / Rehabilitation ................................................................................................... 8
2.10.1 Paved Areas .......................................................................................................................... 8
2.10.2 Landscape Areas ................................................................................................................... 9
3. Agreement Rent and Term ........................................................................................................................ 9
4. Communications Facility Application/Construction Process and Procedures .......................................... 9
5. New Communications Facility Application Review ............................................................................... 11
6. Site Access and Security- Installation and Subsequent Maintenance Operations .................................. 12
6.1 Security Measures & Access Regulations .................................................................................. 12
6.1 Ongoing Operations .................................................................................................................... 13
7. Decommission /Termination Process ...................................................................................................... 13 Appendix A Communication Facility Site Agreement - Template .......................................................... 15 Appendix B Communication Facility Site Agreement Amendment Template ........................................ 16 Appendix C Application Form ................................................................................................................. 17 Appendix D Fee Schedule ........................................................................................................................ 19 Appendix E Signature Block and Equipment Table Sample .................................................................... 22 Draft Policy & Procedures v. 2026.08 3
Appendix F Construction Notes, General Notes Plan Notes & Requirements ........................................ 23 Appendix G Wireless Communications Facilities on City-owned Property ............................................ 25 Poway Preforming Arts Bldg. .....................................................................................................................
PTI Tower Poway Auto Overflow Lot .....................................................................................................
R3 Boca Raton ..........................................................................................................................................
R8 Buehler .................................................................................................................................................
R9 Celestial ................................................................................................................................................
R14 Sagecrest/Pomerado Tank ..................................................................................................................
City ROWs Small Cells ..............................................................................................................................
1. Introduction
The CTIA, a trade association representing the wireless communications industry in the United States, has been tracking the evolution of the U.S/ wireless industry since 1985. According to their 2019 Annual Report – consumer demand has risen by 82% (2017-2018) for mobile data. Last year the industry reported
12.89 trillion Megabytes of mobile data growth, which is up by 73x the data use of 2010. In 2018 the number of connected devices totaled over 421 million or over 1.3 devices for every person in the U.S.
To meet the needs of the ever-increasing demand for faster and more robust network capabilities the major wireless carriers have increased their capital budgets by $1.8 billion for a total of $27.4 billion in 2018. The industry operated over 349,344 wireless communications facilities (WCF), or “cell sites”, up 8 percent over 2017. In addition, the industry directly employed over 206,855 people and supports over 4.7 million jobs.
With the advent of 5
th Generation Technologies (5G) the industry anticipates reaching 800,000 WCFs throughout the U.S. by 2026. While all of the carriers’ existing WCFs will be upgraded with 5G technologies, the industry is going to have to find more locations for more WCFs. This fact will impact every community throughout the U.S.
The City of Poway has a history of facilitating the development and deployment of WCFs on City-owned property. As of the date of this Policy, the City has over 65 (need to update cell site list) WCFs located throughout its community, with a total of 14 existing WCF sites on City-owned property. In recent months the City has seen an influx of new WCF project proposals. And, with the carriers’ 5G roll-out, anticipates a significant amount of new project proposals to modify existing WCF’s as well as develop new facilities on City-owned properties within the City’s Public Rights-of-Way.
In an effort to address these new challenges, the City has endeavored to create and update a standardized program of policies and procedures. These policies and procedures ("Policy") establish the terms and processes under which new wireless facilities will be permitted on City property as well as providing rules and regulations for modifications to existing wireless facilities on the City-owned property.
Under this Policy, the City will balance its interest in maximizing additional revenues from wireless communication companies with due consideration for operational needs related to use of City properties, flexibility to allow changes-in-use of its facilities, and adequate protection against safety concerns related to use of its sites for communications facilities.
Draft Policy & Procedures v. 2026.08 4
The terms and requirements set forth in this Policy shall apply to all existing WCF agreements on City owned property. As existing WCF agreements expire or are amended, as necessary, new agreements will be issued under and in compliance with this Policy.
This Policy may be amended from time-to-time by the City Council, in its sole discretion, by properly noticed public hearing. The City shall notify, in writing, Licensees, in advance, of any proposed revision to this Policy. However, it is the responsibility of all applicants and/or Licensees to comply with the most current City-approved version of the Policy.
2. Communications Facility Development Guidelines and Requirements All wireless communications facilities on City-owned properties shall be installed, modified, or altered, according to this Policy, and shall comply with the policies, procedures, guidelines, and requirements outlined in this section and elsewhere in this Policy. The Policy rules and regulations apply to all sites and communications facilities installation, work, and operations.
2.1 Universal Work Requirements
The following requirements apply to all sites Licensee:
1. The term “work” shall mean any activity (e.g., construction, installation, maintenance, repair, replacement, addition of equipment) that (i) touches the City properties and/or requires entitlements from the City (as the jurisdiction with governing authority), and/or (ii) requires City approval pursuant to an existing agreement (the City as the Property Owner – Separately, and in addition to section (i) above). All other activity including maintenance, repair, alteration, removal, installation of equipment within the Leased Premises or in the equipment area not requiring permits shall be deemed “maintenance” operations and shall require notification and written acknowledgment from the City’s Development Services Department (DSD) only.
2. Prior to any formal request for a new wireless communications facility, or to perform any work on an existing facility, other than maintenance, the applicant must submit a completed site application (see form Appendix C) and a set of Site Plans and/or Construction Drawings for the City review and approval as well as the appropriate fees pursuant to the attached Fee Schedule (see Appendix D).
3. Licensee shall be responsible for obtaining any easements required from third parties to access City Property, as necessary. If access to the Premises requires an easement affecting the property of a third-party, no work shall commence prior to Licensee providing documentation relating to access to the Premises and demonstrating said easement(s) has/have been secured.
4. No work shall commence without a fully executed agreement or amendment, as applicable.
5. No work shall commence prior to the City’s Development Services Department (DSD) receiving and approving a set of working Site Plans and/or Construction Drawings for the proposed communications facility work signed and stamped by a licensed professional engineer.
6. No work shall commence prior to Licensee obtaining all governmental approvals including: (i) planning/zoning approval;) (ii) applicant signed acknowledgement of Conditions of Approval (as applicable); (iii) a Building Permit; and (iv) and an Encroachment Permit issued by the City’s Development Services Department (DSD) (see Encroachment Permit).
7. No work shall commence prior to the issuance of a Letter of Consent by the Cities Development Services Department (DSD). The City’s Development Services Department (DSD) will issue a Letter of Consent (LOC) once all the requirements of this Policy and the provisions of the Draft Policy & Procedures v. 2026.08 5
agreement have been met by the applicant and the City (as the Property Owner) has determined that work may commence. The City signed Letter of Consent (LOC) shall accompany the Site Plans and/or Construction Drawings reviewed and approved by the City (as the as the jurisdiction with governing authority).
8. No work shall commence prior to a pre-construction meeting. A pre-construction conference to include a representative(s) of Licensee, its contractor(s), a member of the City Development Services Department (DSD) shall be held on site at least one (1) week prior to beginning any proposed work activity at which time a proposed work schedule and 24-hour contact information (subcontractor) shall be provided to the City’s Development Services Department (DSD) and Department of Development Services if Applies.
9. No work shall commence prior to any subcontractor(s), to be engaged in any work activity, delivers its Certificate of Insurance, with the proper site name and site number described in the agreement, to the Development Services Department (DSD).
10. No work shall commence after issuance of a Letter of Consent and approved Site Plans and/or Construction Drawings by City without advance notice of the dates of the proposed work activity.
The City’s inspector shall be notified at least two (2) working days prior to beginning any work.
11. The City reserves the right to withdraw its consent for any “work” activity, at the sole discretion of the City, if Licensee’s or its contractor(s) have failed to satisfy the terms of this Policy; or, if the affected City facilities require maintenance work that may interfere with the Licensee’s proposed work schedule.
12. Any proposal for work at a City-owned Property must include stamped engineering structural analysis demonstrating, to the satisfaction of the City, that all equipment mounted to any structure(s) located at a City-owned Property will not compromise the structural integrity of those facilities and/or shall meet the necessary structural requirements to support the existing and proposed equipment.
13. Licensee has one year from receipt of the City Letter of Consent and approved drawings to complete the proposed work activity. Any extension to this timeframe is at the sole discretion of the City and is only valid if provided in writing. If the work activity has not been complete within one year (or such extended period as permitted by the City in writing), Licensee (or its authorized applicant and/or subcontractor) shall be required to re-file with the City for its proposed work including the payment of all fees necessary to review the proposed work activity.
14. Licensee’s personnel, including authorized representatives and subcontractors, must ensure that the City’s Property is always accessible to City personnel and the public, in accordance with the requirements under Section 2.3 of this Policy.
15. Licensee and its subcontractors shall be responsible for any damage due to construction work or other activities at a City-owned Property, and, upon request by the City, shall promptly return damaged facilities to pre-existing condition, or better, at no cost to the City. Licensee shall ensure its subcontractors comply with the foregoing. In the event Licensee does not respond in a timely manner, the City may perform the necessary repairs caused by Licensee’s subcontractor(s) and bill Licensee for said repairs, which Licensee shall pay within thirty (30) days of receipt of invoice.
16. All new and existing communications facilities and equipment owned by the Licensee shall be properly tagged, identifying the Licensee’s name, site name and/or site number and 24-hour Emergency phone number.
17. Licensee and/or its subcontractor(s) shall have a copy of any necessary permit(s) (e.g., Building Permit(s)) and the City stamped Site Plans and/or Construction Drawings on-site at all times during Draft Policy & Procedures v. 2026.08 6
work activity. Failure to present said documents, upon request, will result in an immediate “stop work” order.
18. The Licensee, and/or its subcontractor(s), are responsible to ensure the area surrounding the work activity cannot be accessed by the public at any time while work activity is occurring.
19. Trenching, as part of any work activity, must conform to the requirements of Section 2.7 Trench Details.
20. Licensee, and/or its subcontractor(s), shall schedule a post construction inspection at least three (3) working days in advance of completion of work activity.
21. Licensee, and/or its subcontractor(s), shall provide the City with the City approved Site Plans and/or Construction Drawings with field mark-ups, if any, on the appropriate sheets (as necessary) after the final inspection. These Site Plans and/or Construction Drawings shall represent the as-built “Record Drawings” and allow the City to close-out the project upon completion of the work activity.
22. Licensee, and/or its subcontractor(s), shall comply with all applicable local, state, and federal laws, including but not limited to health and safety requirements pertaining to the construction, installation, operation and maintenance of the cell carrier facility, and requirements of the Occupational Safety and Health Administration (OSHA), including any safety and injury prevention program in place that is required under applicable laws and regulations. A copy of such program, if required by law or regulation, shall be available on site for inspection at all times and employees and/or subcontractor(s) of the Licensee shall be trained accordingly. Furthermore, Licensee is responsible for, and shall adhere to, any and all Environmental Site Assessments, limited asbestos & lead-based paint surveys, the Section 106 process, including: FCC Forms 620 & 621; Cultural Resource Assessments, Biological Assessments, and all other NEPA-related documentation for proposed communications equipment installations.
2.1.1 New Proposed Facilities (Additions / Modifications / Demos etc.) Documents, (including applications, drawings, structural calculations, permits, reports, etc.), submitted to the City for review shall show only the facilities being installed and match the project’s scope of work detailed on the project application form. No “future equipment” shall be indicated on any set of Site Plans and/or Construction Drawings, only equipment that is proposed for immediate installation will be accepted on any project application. Project Applications shall be submitted using the template in Appendix C. Project Application shall be accompanied by the appropriate fee(s) as described in Appendix D.
2.2 Requirements for Proposed Site Plans and/or Construction Drawings Site Plans and/or Construction Drawings must be submitted for the purpose of evaluating the location and other aspects of the proposed work as it relates to the on-going operations of the City’s facilities. Any Site Plans and/or Construction Drawings submitted for review to the City in conjunction with a proposed or existing communications facility must contain the following:
2.2.1 Signature Block
The title page of the Site Plans and/or Construction Drawings set shall include a signature block for the City Manager (or its designee), as the Property Owner. See sample signature block in Appendix E.
2.2.2 Drawing/Plan Notes
Site Plans and/or Construction Drawings shall include City’s Construction Notes pursuant to Appendix F - Construction Notes, General Notes Plan Notes & Requirements. Construction Notes shall appear on the general notes sheet(s) of the submitted plan set.
Draft Policy & Procedures v. 2026.08 7
2.2.3 City Contacts
Site Plans and/or Construction Drawings shall have a City inspector’s contact information listed on the title sheet. Licensee may obtain the current contact information from the City’s Development Services Department (DSD) by calling (858) -XXX-XXXX.TBD
2.2.4 City Facility Name / Address
The title page of Site Plans and/or Construction Drawings submitted to the City for review (both as Property Owner and the jurisdiction with governing authority) shall have the City Facility Name listed prominently and shall include the City’s site address (in addition to Licensee’s meter address, if different).
2.2.5 License Equipment Schedule
The title page of Site Plans and/or Construction Drawings submitted to the City for review shall include an equipment schedule listing the proposed equipment, equipment existing on site and the equipment totals upon completion of the work activity (See attached Equipment Schedule - Appendix E).
2.3 Access to City Facilities
Licensee, and/or its subcontractor(s), shall always maintain access to the subject property to City personnel. Open trenches shall be properly plated at the end of each working day to allow for 24-hour access to the site. Access to any City Property, except in the case of emergency, shall be during normal business hours 7 a.m. to 6 p.m. Monday – Thursday.
2.4 DIG ALERT
Licensee, and/or its subcontractor(s), shall notify underground service alert (DIG ALERT) at least two (2) working days prior to beginning construction that requires digging at 1-800-422-4133. Any City facilities (e.g., gas line, water line, electrical line, etc.) to be crossed shall be potholed to verify location prior to working in the vicinity of City facilities.
2.5 Magnetic Equipment Attachments
All new Communication Facilities are required to have magnetic attachments for all tank-mounted equipment. All existing Communication Facilities with welded and/or epoxy tank-mounted antennas and other tank-mounted equipment shall be removed and replaced using magnetic attachments any time Licensee submits an application to modify its facilities or upon written notice by the District to Licensee identifying such Communication Facilities where failing mounts are causing damage to the District’s water tank(s).
2.6 Attachments to City-owned facilities
All wireless communications facilities located on a City-owned facility must ensure the existing and proposed equipment meet the structural requirements to ensure integral safety to City personnel as well as the general public.
2.7 Trench Detail
Trench details must show:
a. Depth and width of the trench
b. Backfill material list
(i) Paved areas - one-sack cement slurry shall be used to within 1-inch of existing pavement Draft Policy & Procedures v. 2026.08 8
(ii) In unpaved areas - suitable native material shall be used with 90% minimum compaction; a compaction report must be provided to the City
c. All hardscape to be saw cut. Subcontractor shall be responsible for supplying water for its own use.
d. Minimum 30- inch depth to top of conduit or as directed by City. e. AC replacement -1st lift 3/4-inch mix, relative compaction 95%, no more than 3- inch placed at any one time. 2nd lift, 1/2-inch fine, no more than 1- 1/2-inch lift. f. Slurry seal the entire work area for the full width of the access road / paved areas or as directed by City inspector after work is completed.
2.8 Softscape Replacement
Site Plans and/or Construction Drawings must depict the replacement or repair of all landscaped areas. If work is to be performed in any unpaved areas, these notes must be present on the site plan (see, Appendix F):
1. Licensee, and/or its Subcontractor(s), shall Protect-in-Place all landscaping.
2. Licensee, and/or its Subcontractor(s), shall ONLY remove trees and shrubs as marked on Site Plans and/or Construction Drawings.
3. Any damaged landscaping shall be replaced in-kind with 5-gallon (minimum) shrubs and 15-gallon (minimum) trees, or as specifically directed by the City’s Development Services Department (DSD) (or its designee).
4. Landscaped areas exposed or disturbed by work activity shall be covered with approved mulch to a depth of 2 inches, or as specifically directed by the City’s Development Services Department (DSD) (or its designee).
5. Licensee, and/or its Subcontractor(s), shall contact the City’s Development Services Department (DSD) requirements prior to installation of any landscaping.
2.9 Work Hours
Licensee, and/or its Subcontractor(s), may work only during approved work hours, which shall be coordinate with the Development Services Department (DSD). The City reserves the right to restrict work hours. Any work activity request outside these hours will require express written permission from the City, and any such approval shall be at the City sole discretion. The use of nighttime flood lighting is strictly prohibited. However, in the event Licensee determines that nighttime lighting is necessary, Licensee may submit a lighting plan and schedule for the City’s review. Any approval shall be considered on a case-by-case basis, and the City’s sole discretion, whether to allow the nighttime lighting and under what circumstances and conditions will be allowed.
2.10 Site Restoration / Rehabilitation
2.10.1 Paved Areas
Any work activity to Licensee’s facilities that requires trenching and/or boring to an existing paved area shall be restored pursuant to Section 2.7 Trench Details above; or, shall be repaved/restored, as determined by the City, at its sole discretion. During the term of the agreement, Licensee shall be responsible for a pro-rata share of the cost associated with City’s resurfacing certain paved areas affected by Licensee’s use of the City property.
Draft Policy & Procedures v. 2026.08 9
2.10.2 Landscape Areas
Licensee shall be responsible for restoring any City landscaped area affected by Licensee’s facilities pursuant to 2.8 Softscape Replacement above. Any landscape features disturbed, removed, or damaged by Licensee and/or its contractor(s) shall be replaced with new features, as determined by the City’s Development Services Department (DSD). The Property affected by Licensee’s work activity shall be restored to a condition equal or better. For full site decommission requirements (see Section 7 Decommission / Termination Process).
3. Agreement Rent and Term
The following rent and term/option term provisions of this Policy will be incorporated in each agreement, as applicable:
1. All new agreements shall contain the terms as outlined in this Policy, and shall be in substantially the form of the Communications Facility Site Agreement (SLA) attached in Appendix A. Any such agreement may be granted by the City that is substantially conforming to form of the SLA attached in Appendix A, identifying the specific City-owned Property, setting forth the particular terms and conditions therein.
2. The terms, process and procedures outlined in this Policy shall also apply to any requests for amendments, modifications, or changes to existing communications facility agreements.
3. All new agreements shall have a term (Term) of ten (10) years. At the option of Licensee shall continue for three (3) additional 5-year periods (Renewal Period), provided Licensee is not then in default under the agreement.
4. The Rent amount for the ten (10) year Agreement period shall be negotiated between the City and Licensee and shall be payable monthly. The Rent shall be deemed due, owed, and payable on Commencement. The Rent shall be subject to an automatic annual increase of three percent (3%) and shall occur on each anniversary of the Commencement Date throughout the Agreement Term and Option Period(s).
5. The City Council may delegate authority individually to the City Manager or their designees, to review and approve all agreement applications and to enter into agreement agreements in accordance with this Policy, including determination of the negotiated the annual Agreement Rent.
6. At expiration, any existing agreement for a communications facility will be replaced with a new agreement permitted under this Policy and in accordance with the terms hereof; or, upon a Licensee’s request for any major modification, provided such Agreement is not in default under the terms of such existing communications facility arrangement and as determined by the City.
7. Licensee may submit an application, at any time, for a new SLA, with the understanding that the time remaining on its then-current agreement (if any) will not be added to the new agreement. It is recommended Licensee makes application for a new SLA at least six months prior to the end of the then-current agreement to ensure enough time to complete the City review and approval process. Should the agreement lapse, the City shall charge a holdover rental rate of 150% of the then-current rental rate on a pro-rata basis.
4. Communications Facility Application/Construction Process and Procedures All applications for proposed work on a City Property shall follow the general Application Process Guidelines (from Project inception to project completion “close-out”). Note: the term City is used here to Draft Policy & Procedures v. 2026.08 10
differentiate between the City as the jurisdiction having governing authority and the City as the property owner.
1. Applicant (carrier authorized agent) contacts the City’s Planning Division to request a Site Application for a proposed project (New Build, Modification or Decommission).
2. Applicant is referred to CITY’s wireless communications consultant (Consultant).
3. Upon contact, City’s Consultant shall provide the Applicant with a copy of the City’s current Communication Facilities Policy and the City’s Communications Facilities Project Application form (the purpose of this form is to process the application from the City as the property owner’s perspective and is separate from the Planning Division application).
4. Applicant shall complete the Communications Facilities Project Application Form, sign, and date it, then submit the form back to the Consultant accompanied by a check for the requisite fees.
5. Consultant shall review the application for accuracy, clarity, and completeness. Upon Consultant’s satisfaction, the application shall be delivered to the City for its review and acceptance. The City/Consultant shall log the application and provide the Applicant a receipt for the fees received, along with a project tracking number.
6. Applicant will coordinate with the City/Consultant for Site access, as necessary, for Architectural & Engineering surveys (A&E and/or Design site-visit).
7. Applicant shall provide Consultant with preliminary Site Plans and/or Construction Drawings for City/Consultant’s review.
8. City/Consultant may require the Applicant to correct or modify the Site Plans and/or Construction Drawings, by providing Applicant with redlined Site Plans and/or Construction Drawings with comments for corrections/modifications, as necessary.
9. Applicant shall provide City/Consultant a set of revised Site Plans and/or Construction Drawings for City’s final review and approval. Upon final approval of the Site Plans and/or Construction Drawings, the City shall provide the Applicant a Letter of Authorization (LOA) allowing the Applicant to submit the proposed project to the City’s Planning Division and Building & Safety Division for all necessary entitlements. If either Division requires further modifications to the City approved Site Plans and/or Construction Drawings, Applicant shall obtain City’s written approval for said modifications to previously City approved Site Plans and/or Construction Drawings.
10. Once the Applicant has obtained all required entitlements and has fulfilled the requirements listed in Section 3 above the City will issue a Letter of Consent (LOC) allowing Licensee to initiate the construction process (work).
11. Prior to the start of work, Licensee and/or its subcontractor, shall:
a. Provide a copy of the City stamped and signed Site Plans and/or Construction Drawings;
b. Provide a copy of the City issued Building Permit;
c. Conduct a pre-construction site visit with Licensee’s subcontractor and the City’s Development Services Department (DSD) and/or its designee; d. Provide a copy of subcontractor’s certificate of insurance (COI’s); e. Provide a 24/7 contact for name and number for the subcontractor managing the work project;
Draft Policy & Procedures v. 2026.08 11
f. Provide a construction schedule;
g. Take photographs (pre-construction photos) and/or video of the access route and area surrounding the project work area and provide copies to the CITY/Consultant; h. If applicable, obtain a separate encroachment permit (Encroachment Permit) issued by the City’s Development Services Department (DSD).
12. Licensee’s subcontractor shall check-in each day of work activity by calling/texting the City’s Development Services Department (DSD) inspector or designee (City Inspector).
13. Upon completion of work Licensee’s subcontractor shall schedule a walk-through with the City Inspector to identify and list any issues, work-related deficiencies, or damages to the City’s facilities (i.e., “punch-list”), if any.
14. Once all punch-list items are completed, Licensee’s subcontractor shall schedule a final walk- through with the City Inspector and ATS Field Technician. a. Upon the City Inspector’s final acceptance of the work, Licensee and/or its subcontractor shall provide the City a set of “as-built” Site Plans and/or Construction Drawings labeled “RECORD DRAWINGS” on the Title Sheet, and show all field changes on the appropriate sheets, if any. If no field changes were made, a note indicating “BUILT TO PLAN” shall be depicted on the Title Sheet. b. In addition to submitting “RECORD DRAWINGS,” the Applicant shall sign-off on the City issued Letter of Consent and return this document to the City/Consultant for final project close-out.
15. Upon City’s acceptance of the “RECORD DRAWINGS” and receipt of the signed/dated Consent Letter from Licensee’s representative, the City Inspector (or its designee) shall sign, date, and return the Letter of Consent to the Applicant, indicating the project has been accepted as complete and successfully closed out.
5. New Communications Facility Application Review
The following steps make up the City’s Application Review process for new site builds:
1. Staff shall verify the City’s interest in entering into an agreement for a wireless communications facility located on the proposed City property in light of its intended use. Access to City property using third-party easements shall be the responsibility of the applicant to verify and secure, if necessary, prior to the City approval of any work activity.
2. Staff shall review the contents of applicant's submission and determine whether the application is complete. Staff shall endeavor to complete such initial review for completeness within thirty (30) calendar days.
3. Upon a determination by Staff that the application is incomplete, Staff shall advise the applicant in writing of the deficiencies in the application, or request such additional information which, in the sole discretion of the City, shall make the application complete. Applications are valid for one (1) year from the date of the application receipt. Should the applicant fail to complete the project, pursuant to the subject application, within this time-frame, the application shall be deemed withdrawn, unless an extension has been requested and granted. The City may allow an extension to the application at its sole discretion. Re-submission shall require a new application and requisite fees.
4. Upon finding that the application is complete, Staff or its agent shall review the application to determine whether the application meets all policies and requirements outlined in this Agreement Policy or as otherwise incorporated by reference herein.
Draft Policy & Procedures v. 2026.08 12
5. Staff shall consider the safety of City employees and all invitees and authorized volunteers in evaluation of new communications facilities arrangements or major modifications to existing communications facilities.
6. If the application meets all policies and requirements, Staff will pursue negotiation and execution of the SLA with the applicant, consistent with the Agreement Policy.
7. Entering negotiations with the applicant does not obligate the City to continue negotiations or reach agreement with the applicant. If agreement cannot be reached within a reasonable period, as determined by the City, staff may terminate negotiations and the application will be deemed denied without liability to the City. Under no circumstances shall the applicant be entitled to a refund of the application fees.
6. Site Access and Security- Installation and Subsequent Maintenance Operations
6.1 Security Measures & Access Regulations
The City is subject to local, State, and Federal law, including Homeland Security regulations. The City reserves the right to require additional security measures and impose access regulations to comply with applicable laws and City requirements including but not limited to:
1. Rules and guidelines for each City site are at the sole discretion of the City and must be adhered to by each Licensee. Failure to follow the City rules and guidelines are cause for revocation of access to the property.
2. Rules and guidelines may be established for each City site based on the unique characteristics of the site.
3. Licensee may not make any other attempt to enter a City property without first notifying the City.
4. Licensee may not leave their enclosure open and unattended for any reason.
5. In the event of vandalism, whether to the Licensee’s facilities or City property, Licensee must report it to the City immediately.
6. It is the responsibility of the Licensee to ensure the City property is properly locked upon leaving for any reason, where applicable.
7. If City personnel are at a facility when Licensee arrives, it is the responsibility of Licensee to announce their presence and to let them know when they leave.
8. Wherever possible, each Licensee shall design their equipment area to allow for private access without going through the main gate of the City facility site.
9. Prior to bringing a scissor lift or lift truck or similar vehicle to access their antennas or related equipment at the top of a pole, the City must be notified, and an encroachment permit pulled. This requirement holds true for any type of work on the pole regardless of whether it is a modification or routine maintenance.
10. In the event a scissor lift or lift truck or similar vehicle is used for work on City property, at the completion of the use of the vehicle, it must be immediately removed from the premises.
11. Should a scissor lift or man-lift or similar vehicle need to remain on City property in the course of continued work, the vehicle must be moved away from any structures and secured in a safe location. The vehicle should be made inoperable including by not limited to the battery being removed from the vehicle.
Draft Policy & Procedures v. 2026.08 13
6.1 Ongoing Operations
1. Ongoing operations and maintenance of the Licensee's facility shall comply with all applicable local, state, and federal laws and regulations, this Policy, and the requirements of an executed Agreement.
2. No unauthorized work is allowed. In the event Licensee installs any equipment outside the parameters of their Agreement without the prior written authorization of City, the City may, at its sole discretion, terminate the agreement with the Licensee, and/or charge an unauthorized facility fee in accordance with the Agreement as additional compensation to the City.
3. Any equipment additions or modifications made to any communications facility beyond the original equipment/area are subject to an amendment to document changes in the equipment area, and an increase in Rent, on a monthly pro-rata basis, and subject to the same annual Rent escalation.
4. No subleasing/sublicensing is permitted. Any new carrier wishing to collocate on an existing approved telecommunication structure must acquire additional ground space from the City directly.
7. Decommission /Termination Process
Any Licensee that decides to decommission its Wireless Communications Facility (“WCF”) on any City- owned properties must follow the process described herein:
A. Licensee (and/or its agent) shall submit a letter to the City, by certified mail or equivalent, indicating Licensee’s intention to decommission its WCF located on City property. The letter shall include Licensee’s site name, site number, City facility name, site address, contact person, mailing address, e-mail address, phone and intended timeframe for the proposed decommission activity.
B. The City shall provide Licensee (and/or its agent) a return letter acknowledging Licensee’s intention to decommission its WCF and direct Licensee to contact the City’s Consultant to initiate the application process.
C. Upon Licensee’s contact, the City’s Consultant shall direct Licensee to follow the general Application Process Guidelines (from Project inception to project completion “close-out”) outlined in Section 4 above.
D. Upon completion of the decommission work activity and acceptance by the City’s Building & Safety Division and the City, the City will provide a notice letter indicating the date of termination (“Notice of Agreement Termination”). Licensee is responsible for paying all Rent due through to the date of the Notice of Agreement Termination. Any pre-paid Rent shall be retained by the City. Licensee agrees to execute and record a quitclaim deed or other instrument evidencing the termination of Licensee’s interest in the Property upon the expiration or termination of the Agreement.
8. SECTION 6409 REVIEWS
Section 6409 of the Spectrum Act prohibits state and local governments from denying wireless equipment modification requests as long as the modifications do not “substantially change the physical dimensions” of the tower or facility. It was part of legislation passed by Congress back in 2012, intended to streamline the permitting and zoning process, and thus speed up wireless coverage deployment.
In your application, please provide a complete project description explaining in explicit factual detail why Section 6409(a) governs the proposed change permit request. The narrative should identify each required Draft Policy & Procedures v. 2026.08 14
finding of approval and explain the facts that allow the Community Development Director designee to affirmatively make each finding.
The following items will be considered in a determination that a proposed modification is not a substantial change pursuant to Section 6409(a) and, therefore, eligible for a Zoning Clearance:
a. The proposed change to an eligible facility is not a substantial change pursuant to the federal standards described in the Middle-Class Tax Relief and Job Creation Act of 2012. b. The existing permits for the wireless communication facility support structure, including buildings that currently support existing wireless transmission equipment, are in good standing. c. The proposed modifications are within the agreement or license area. d. The modifications are not proposed on a building or other resource regulated by the National Environmental Preservation Act.
E. The height increase is not a substantial change as measured from the dimensions of the tower or base station (as it had been previously modified) on February 22, 2012, except for deployments separated horizontally, for which height is measured from the original support structure only.
The Planning Division may deny without prejudice a Wireless Communication Facilities Section 6409(a) - Zoning Clearance application when:
• Based on the materials submitted by the applicant, the Director’s appointee cannot make all findings required for the type of proposed change;
• The proposed change would violate an objective, generally applicable law related to health a safety;
• The proposed change involves the replacement of the entire support structure; or • The proposed change would result in a substantial change in the physical dimensions pursuant to federal law.
Draft Policy & Procedures v. 2026.08 15
Appendix A Communication Facility Site Agreement - Template (Currently separate document – to be added upon final approval)
Draft Policy & Procedures v. 2026.08 16
Appendix B Communication Facility Site Amendment Template (Currently separate document – to be added upon approval)
Draft Policy & Procedures v. 2026.08 17
Appendix C Application Form
WIRELESS COMMUNICATION APPLICATION
Required for all New & Existing Wireless Communication Facilities The purpose of this form is to ensure that the goals and objectives outlined in Communications Policies and Procedures will be met with each submitted project. All Application Fees are valid for 12 -months from receipt of the Application. CITY, at its sole discretion, may extend the time allowance for this Application.
Payments should be made payable to CITY and accompany this application. Application fees listed on Appendix D.
Total Fee: $____________ Check #:
CITY Site Name:
Site Address:
APN#:
Wireless Service Provider Name (Carrier):
Local Address:
Carrier Site Number/Name:
____ New Build Modification ____Decommission
Antenna(s) (Y/N): Number / Size:
Microwave dish (Y/N): Number / Size:
Remote Radio Unit (Y/N): Number / Size:
Surge Suppressors (Y/N): Number / Size:
TMA/LNA (Y/N): Number / Size:
Trenching (Y/N): Location/Length:
Generators (Y/N) :_____ Type / Size Kw: __________________________
Preliminary RF Study (Y/N): _____
Aux Cabinets (Y/N) : _________ Number/Size :______________________________ Draft Policy & Procedures v. 2026.08 18
Detailed description of project:
Equipment Area Description:
Interior / Exterior: Size: Square Feet:
Enclosure material:
Enclosure screening material:
Access to equipment:
Antenna Aesthetic mitigation measures:
Correspondence regarding this application should be sent to:
Agent Company:
Agent Name:
Address:
Phone:
E-mail:
• X
Applicant Signature Date
CITY only
Payment Received: $________________ Date:
Submittal Date: ________
Tracking No.: Log Date:
Draft Policy & Procedures v. 2026.08 19
Appendix D Fee Schedule
CITY OF POWAY
Communication Policy
Fee Schedule
FOR ACTIVITY ON CITY-OWNED PROPERTY OR PUBLIC RIGHTS OF WAY:
PRE-CONSTRUCTION ACTION:
1. Preliminary Application: $1500.00
2. Feasibility Walk: $1850.00
3. Application for Site Modification / New Agreement / Amendment / Decommissioning: $6500.00
4. Letter of Authorization issued by the CITY to commence zoning and permitting – included
5. Letter of Consent issued by the CITY to commence construction – included
6. Specialty field inspections - $160 per hour (landscaping, trenching, compaction, etc.)
POST-CONSTRUCTION ACTION:
1. Application for assignment, change of ownership or entity - $1,850.00.
2. Additional equipment, beyond the original Agreement design, will result in Rent increases; determined per additional piece of equipment, pro-rata, subject to the same terms and conditions contained with the Agreement.
a. Antenna(s): $150 per antenna
b. Cabling: $150 flat rate
c. Generators: site-specific
d. RRU/Recaps(s): $70 per unit
e. Microwave: $250 per antenna
f. Auxiliary cabinets: site-specific
3. Additional space subject to negotiation.
4. RF Study (post on-air): cost applied to CUP fee/deposit or billed to applicant
5. Noise Study (post on-air): cost applied to CUP fee/deposit or billed to applicant
6. Site Compliance Visit: quarterly visits to ensure compliance with CUP
Draft Policy & Procedures v. 2026.08 20
SERVICES ON PRIVATELY OWNED PROPERTY VIA ZONING APPLICATION, PLANNING
APPLICATION, BUILDING PERMIT APPLICATION, OR OTHER CITY PROCEDURE BILLED HOURLY:
• Provision of a submittal guideline for use by a party wishing to license or lease land or space on City-owned facilities or to construct new facilities on private property. • Assist City in preparing a fee schedule for new applications, modifications, and lease agreements. • Review and analysis of requestor-provided submittals. • Provide review of modification applications on existing lease agreement and/or sites. • Assist City in evaluating the design of applications requiring a discretionary review. • Assist City in providing updates to the City’s WCF ordinance and/or its WCF Master Plan. • Review of new applications (ministerial and discretionary reviews). • Review equipment modifications to existing
• Assist City in determining type of plan check is required for an application. • Review of proposed tower installation on private property. • Review of proposed DAS system installation on private property.
All costs itemized on invoices
APPLICATION AND FEE GUIDELINES:
• Checks for site applications fees should be made payable to the CITY OF POWAY. • All checks must be made specifically for each property and for each type of fee. • Prior to cashing the checks, the CITY will review each application and determine if all the application fees are necessary. If a fee is not necessary, the CITY will return the check. • Once submitted the fees are specific to that project and may not be reassigned to another project; submitted fees are non-refundable.
• In the event a project is cancelled or re-scoped the CITY, at its sole discretion, will determine if all, part, or none of the fee(s) will be returned.
• Applications with paid fees are valid for twelve (12) months from the date of receipt of payment. • Failure to complete the application process may result in denial of the project and surrendering of the fees paid.
Draft Policy & Procedures v. 2026.08 21
Poway
Final Inspection Checklist City Owned Property Only
Verify the following:
GC has sign-off on the Building Permit Inspection Card (BP FINAL) from City/County Inspector(s) emailed to ATS in advance of scheduling final inspection. ATS / City Rep has Approved Photo Simulations at time of Final Walk Inspect every area of work - GC should point out ALL work completed with CDs in hand ALL magna mounts have 100% contact with the tank - If not, all must be torqued properly prior to close-out
All RF Mounts and Antenna Jumpers -Clean And Per Plan or Photo Simulations . Make sure carriers cable trays are stenciled (i.e., TMO, AT&T, VZW, DISH) Landscaping is in place and irrigation operates properly (if required by plan) Any Final Inspection Reports Complete per City of Poway COA ( Noise Study , RF EME Study )
GC has marked up the CDs with field notes - (if any, otherwise indicate “Built to Plan” and signed by the GC)
Carrier’s trenching in asphalt paved area are called and slurry sealed 10’ side-to-side and curb-to-curb
Carrier’s work area is cleared of all trash and debris (including nuts, bolts, zip ties, etc.) Man-Lift and Porta Potty have been removed from premises altogether - NOT in driveway or down street either
Items noted in the Pre-Con checklist have ALL been addressed ATS rep emails POWAY signed LOC to GC for signing and request As-Builts - Field changes (if any) must be called out on the appropriate sheet on As-Builts ATS rep emails GC signed LOC (Letter of Consent) and As-Builts to POWAY requesting full execution of LOC and return to ATS
Once fully executed LOC is received, ATS email fully executed LOC to the GC officially closing out the project
Draft Policy & Procedures v. 2026.08 22
Appendix E Signature Block and Equipment Table Sample
Signature Block and Equipment Table Sample - required on all title pages of drawings submitted to CITY for approval for Licensee’s improvements.
CITY OF POWAY
_________
Name & Title Date
CITY Site Name: ________________________________
APPROVED BY
AGREEMENT
EXISTING ON
SITE
PROPOSED NEW
(TOTALS)
# OF PANNEL ANTENNAS
SIZE OF PANEL ANTENNAS
MICROWAVE ANTENNA
RRU's/RRH's
EQUIPMENT AREA
GENERATOR
OTHER
Draft Policy & Procedures v. 2026.08 23
Appendix F Construction Notes, General Notes Plan Notes & Requirements These construction notes must appear on the notes sheet(s) for all Drawings submitted for City review and approval:
CITY Construction Drawing Notes:
1. Prior to initiating work activity subcontractor shall schedule a pre-construction site visit to include the carrier’s representative(s) and/or subcontractor and the City Inspector, which shall be held at least one (1) week prior to initiating work activity and no longer than four (4) weeks from the start ow work activity.
2. Prior to initiating work activity subcontractor shall provide the City of Poway Development Services Department (DSD) and Development Services Department (City Inspector) a construction schedule.
3. If digging is required, subcontractor shall notify underground service alert (DIG ALERT) at least two (2) working days prior to initiating work activity by calling 1-800-422-4133. Any underground CITY facilities to be crossed or paralleled within five feet shall be potholed to verify location prior to working in the vicinity of CITY facilities.
4. Carrier’s subcontractor(s) shall notify the City Inspector at least two (2) working days prior to initiating work activity by calling (661) 267-5300.
5. Carrier’s subcontractor shall maintain safe and secure access to the project site at all times during work activity. At the end of each day of work activity open trenches shall be properly plated.
6. Subcontractor is responsible for meeting OSHA compliance rules and regulations including provisioning facilities for its workers for the duration of all scheduled work activity.
7. Subcontractor shall be responsible for any damage to CITY facilities, due to its work activities, and shall return damaged facilities to pre-existing condition or better at no cost to the CITY.
8. All new and existing facilities shall be properly tagged identifying the Carrier's name and/or number and a 24-hour emergency phone number. The Contractor shall ensure that RF and Emergency contact signage and placards are correct and meets the requirements of the City and FCC.
9. Subcontractor shall have a copy of the Building Permit, City stamped and signed Site Plans and/or Construction Drawings and a copy of the CITY’s Letter of Consent on-site at all times. Failure to provide these documents upon request may result in a stop-work order.
10. Subcontractor shall saw cut all pavement. Backfill shall be one sack slurry or aggregate base to within 1" of existing AC.
11. Subcontractor shall provide a minimum cover of 30-inches on top of all conduits.
12. Subcontractor shall replace asphalt pavement with the following: 1st lift - 3/4" mix, relative compaction 95%, no more than 3" placed at any one time, 2nd lift - 1/2" fine, no more than 1-1/2" lift.
13. Subcontractor shall slurry seal the entire work area and any damaged areas curb to curb.
Subcontractor may be required to slurry seal additional areas related to Licensee’s facilities, as required by City Inspector.
14. If applicable, see, Section 2.8 Softscape replacement.
15. Subcontractor shall perform a final walkthrough with City Inspector upon completion of work activity.
16. Upon City Inspector approval subcontractor shall provide the CITY a set of as-built drawings by noting field changes, if any, on the appropriate sheets of the City stamped and signed Site Plans and/or Construction Drawings, labeling the title sheet as “RECORD DRAWINGS.” General Plan Notes:
(Notes to be included on site plan and elevation sheets)
CARRIER - TO BE REPLACED BY NAME OF CARRIER
Draft Policy & Procedures v. 2026.08 24
1. SEE DETAIL X/X-0X FOR FULL ANTENNA AND EQUIPMENT SCHEDULE AND CONFIGURATION. (This note is specific to Carrier's Site Plans and/or Construction Drawings)
2. PRIOR TO THE INSTALLATION OF ANY PROPOSED EQUIPMENT CARRIER'S
SUBCONTRACTOR SHALL INSPECT THE CONDITION OF ALL RELEVANT MEMBERS AND CONNECTIONS. ANY SIGNS OF FAILURE MUST BE REPAIRED OR REPLACED BEFORE PROPOSED EQUIPMENT IS INSTALLED.
If digging required: ADD the following COMMENTS TO SITE PLAN PAGE(S)
1. PRIOR TO COMMENCING WORK THE CARRIER’S SUBCONTRACTOR SHALL STAKE OR MARK THE FOLLOWING: ADJACENT CITY FACILITIES, ADJACENT PROPERTY
LINES, AFFECTED EXISTING OTHER CARRIER FACILITIES AND PROPOSED CONDUIT RUNS.
2. CARRIER'S SUBCONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT (DIG ALERT: 1-800-422-4133) AT LEAST TWO (2) WORKING DAYS PRIOR TO INITIATING ANY CONSTRUCTION ACTIVITY.
3. CARRIER'S CONTRACTOR TO VERIFY LOCATION OF EXISTING CITY WATERLINES AND PIPES PRIOR TO ANY EXCAVATION WORK. ANY CITY FACILITIES TO BE CROSSED OR PARALLELED WITHIN FIVE FEET SHALL BE POTHOLED – HAND DIGGING ONLY. CITY PIPES MUST BE FULLY EXPOSED WHILE CITY INSPECTOR IS PRESENT.
4. CARRIER'S CONTRACTOR SHALL SAW CUT ALL PAVEMENT AND BACKFILL WITH 1 SACK SLURRY OR AGGREGATE BASE TO WITHIN 1” OF EXISTING AC.
Other Requirements:
1. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately show the location of all existing antennas and carrier equipment on the property.
2. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately depict the equipment area dimensions (premises dimensions & square footage).
3. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately depict the location(s) of all Licensee’s underground conduits (e.g. power, Telco, and coaxial/fiber-power conduits).
4. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately depict the correct site address and assessor’s parcel number(s) (APN(s)).
5. If the Carrier’s facility was assigned a meter address that is different from the CITY’s site address , it should be noted on the Title Sheet of the Site Plans and/or Construction Drawings.
6. All Site Plans and/or Construction Drawings submitted to the CITY for review and approval must accurately depict any third-party easement(s) required for site access (if any).
Draft Policy & Procedures v. 2026.08 25
7. Licensee’s subcontractor(s) shall check-in each day of work activity by calling the City Inspector at (858) XXX-XXXX.
Appendix G Wireless Communications Facilities on City-owned Property The following is a list of the current WCF’s located on City-owned property as of the date of the adoption of this Policy.
City property
Agreement
No. Address Carrier Description
R3 Boca Raton #1
17301 Butterfield
Trail AT&T Water Reservoir (R3)
R3 Boca Raton
17301 Butterfield
Trail Verizon Water Reservoir (R3)
R8 Buehler Reservoir 14350 Danielson St AT&T Water Reservoir (R8) R8 Buehler Reservoir 14350 Danielson St TMO Water Reservoir (R8) R8 Buehler Reservoir 14350 Danielson St Sprint/Nextel Water Reservoir (R8) R9 Celestial
Reservoir 13472 Celestial Rd AT&T Water Reservoir (R9) R9 Celestial
Reservoir 13472 Celestial Rd Sprint/TMO Water Reservoir (R9) Poway Center for the
Performing Arts
PCPA 15498 Espola
Rd Cingular-AT&T City Owned Building on
Poway High School Campus
Raw Land -Auto Lot 13875 Kirkham
Way PTI Auto dealers Storage Lot
R14 Pomerado
Reservoir 12700 Sagecrest Dr AT&T Water Reservoir (R14) R14 Pomerado
Reservoir 12700 Sagecrest Dr Verizon Water Reservoir (R14) R14 Pomerado
Reservoir 12700 Sagecrest Dr Sprint/TMO Water Reservoir (R14) Various City Light
Poles City ROW CCI/TMO/AT&T Small Cells & Macro Cells Cell site?
Total 14
ALL PHOTOS ARE CONFIDENTIAL
Draft Policy & Procedures v. 2026.08 26
Poway Performing Aert Building
AT&T Façade with equipment on lower building roof.
Draft Policy & Procedures v. 2026.08 27
PTI Tower under Construction – Poway Auto Overflow Lot . 13875 Kirkham Way
Draft Policy & Procedures v. 2026.08 28
R3 Boca Raton
Verizon Wireless & AT&T
Draft Policy & Procedures v. 2026.08 29
R8 Buehler
AT&T Wireless T Mobile / Sprint Nextel
Draft Policy & Procedures v. 2026.08 30
R9 Celestial
AT&T , Sprint/T-Mobile
Draft Policy & Procedures v. 2026.08 31
R14 Sagecrest
AT&T/T-Mobile-Sprint
Draft Policy & Procedures v. 2026.08 32
City ROWs – CCI/AT&T/Sprint-T Mobile Small Cells
1 Policy and Procedures
for
Wireless Communications Facilities
Located on City Properties
2021
2 Contents
1. Introduction ............................................................................................................................................... 2
2. Communications Facility Development Guidelines and Requirements ................................................... 3
2.1 Universal Work Requirements ..................................................................................................... 3
2.1.1 Proposed Facilities (Additions / Modifications) ................................................................... 6
2.2 Access To City Park Facilities ...................................................................................................... 6
2.3 Work Hours .................................................................................................................................. 6
2.4 Site Restoration/Rehabilitation .................................................................................................... 6
2.5 Ball Field Lighting ........................................................................................................................ 6
3. Site Access and Security - Installation and Subsequent Maintenance Operations ................................... 7
3.1 Security Measures & Access Regulations……………………………………………………….7
3.2 Ongoing Operations…………………………………………………………………….………. 7
4. Decommission / Termination Process ....................................................................................................... 8
1. Introduction
The CTIA, a trade association representing the wireless communications industry in the United States, has been tracking the evolution of the U.S/ wireless industry since 1985. According to their 2019 Annual Report – consumer demand has risen by 82% (2017-2018) for mobile data. Last year the industry reported 12.89 trillion Megabytes of mobile data growth, which is up by 73x the data use of 2010. In 2018 the number of connected devices totaled over 421 million or over 1.3 devices for every person in the U.S.
To meet the needs of the ever-increasing demand for faster and more robust network capabilities the major wireless carriers have increased their capital budgets by $1.8 billion for a total of $27.4 billion in 2018. The industry operated over 349,344 wireless communications facilities (WCF), or “cell sites”, up 8 percent over 2017. In addition, the industry directly employed over 206,855 people and supports over 4.7 million jobs.
With the advent of 5
th Generation Technologies (5G) the industry anticipates reaching 800,000 WCFs throughout the U.S. by 2026. While all of the carriers’ existing WCFs will be upgraded with 5G technologies, the industry is going to have to find more locations for more WCFs. This fact will impact every community throughout the U.S.
The City of Tustin has a history of facilitating the development and deployment of WCFs on City- owned property. There are a total of six (6) existing WCF sites on City-owned property. In recent months the City has seen an influx of new WCF project proposals. And, with the carriers’ 5G roll- out, anticipates a significant amount of new project proposals to modify existing WCF’s as well as develop new facilities on City-owned properties within the City’s Public Rights-of-Way.
3 In an effort to address these new challenges, the City has endeavored to create and update a standardized program of policies and procedures. These policies and procedures ("Policy") establish the terms and processes under which new wireless facilities will be permitted on City property as well as providing rules and regulations for modifications to existing wireless facilities on the City- owned property.
Under this Policy, the City will balance its interest in maximizing additional revenues from wireless communication companies with due consideration for operational needs related to use of City properties, flexibility to allow changes-in-use of its facilities, and adequate protection against safety concerns related to use of its sites for communications facilities.
The terms and requirements set forth in this Policy shall apply to all existing WCF leases on City owned property. As existing WCF leases expire or are amended, as necessary, these leases will be executed under and in compliance with this Policy.
This Policy may be amended from time-to-time by the City, in its sole discretion. The City shall notify, in writing, Lessees, in advance, of any proposed revision to this Policy. However, it is the responsibility of all applicants and/or Lessees to comply with the most current City approved version of the Policy.
2. Communications Facility Development Guidelines and
Requirements
All wireless communications facilities on City-owned properties shall be installed, modified, or altered, according to this Policy, and shall comply with the policies, procedures, guidelines and requirements outlined in this section and elsewhere in this Policy. The Policy rules and regulations apply to all sites and communications facilities installation, work and operations, whether under new lease, or pursuant to existing lease arrangements.
2.1 Universal Work Requirements
The following requirements apply to all sites, and any reference to "Lease" or "Lessee" shall also be deemed to mean "License" and “Licensee” as applicable:
1. The term “work” shall mean any activity (e.g. construction, installation, replacement, upgrade, addition of equipment or modification of equipment) that (i) touches the City Parks properties and requires entitlements from the City, and/or (ii) requires City approval pursuant to an existing lease. All other activity including maintenance, repair, or removal of equipment within the Leased Premises or in the equipment area not requiring entitlements or City approval shall be deemed “routine maintenance” operations and shall require notification and written acknowledgment from the City’s Parks and Recreation Department.
2. The City’s consultant for all WCF’s located at Tustin Sports Park and Cedar Grove Park is ATS Communications. ATS must be contacted by the wireless providers and their agents for all requests concerning new site builds, modifications, and equipment maintenance. Tony Ingegneri is the primary point of contact for ATS and can be reached at (949) 922-2859 or [email protected].
4 3. Prior to any formal request for a new wireless communications facility, or to perform any work on an existing facility, other than maintenance, the applicant must submit a proposed Scope of Work and a set of Site Plans for City review and approval. Upon approval of the Scope of Work and Site Plans, City shall provide the applicant a Letter of Authorization allowing applicant to submit the proposed project to City’s Planning Division and Building Division for all necessary entitlements and approvals.
4. No work shall commence without a fully executed lease or amendment, as applicable.
5. No work shall commence prior to Lessee obtaining all required governmental entitlements/approvals including: (i) planning/zoning approval;) (ii) applicant signed acknowledgement of Conditions of Approval (as applicable); (iii) a Building Permit; and (iv) and an Encroachment Permit issued by the City’s Public Works Department.
6. Lessee shall be responsible for obtaining any easements required from third parties to access City Park Property, as necessary. If access to the Premises requires an easement affecting the property of a third-party, no work shall commence prior to Lessee providing documentation relating to access to the Premises and demonstrating said easement(s) has/have been secured.
7. No work shall commence prior to the issuance of a Letter of Consent by the City’s Parks and Recreation Department. The
Parks and Recreation Department will issue a Letter of Consent once all the requirements of this Policy and the provisions of the lease have been met by the applicant and the City has determined that work may commence. The City signed Letter of Consent shall accompany the Site Plans reviewed and approved by the City.
8. No work shall commence prior to a pre-construction meeting. A pre-construction conference to include a representative(s) of Lessee, its contractor(s), a member of the City’s Parks and Recreation Department, and the City’s Consultant as applicable shall be held on site at least one (1) week prior to beginning any proposed work activity at which time a proposed work schedule and 24-hour contact information (subcontractor) shall be provided to the City.
9. No work shall commence after issuance of a Letter of Consent by City without advance notice of the dates of the proposed work activity. The City’s inspector shall be notified at least two (2) working days prior to beginning any work.
10. The City reserves the right to withdraw its consent for any “work” activity, at the sole discretion of the City, if Lessee’s or its contractor(s) have failed to satisfy the terms of this Policy; or, if the affected City Park facilities require maintenance work that may interfere with the Lessee’s proposed work schedule.
11. Lessee has one year from receipt of the City Letter of Consent and approved Building Permit to complete the proposed work activity. Any extension to this timeframe is at the sole discretion of the City and is only valid if provided in writing. If the work activity has not been completed within one year (or such extended period as permitted by the City in writing), Lessee (or its authorized applicant and/or subcontractor) shall be required to re-file with the City for its proposed work, including the payment of all fees necessary to review the proposed work activity.
12. Lessee’s personnel, including authorized representatives and subcontractors, must ensure that the City’s Property is accessible at all times to City personnel and the public, in accordance with the requirements under Section 2.2 of this Policy.
13. As per Section 2.4 of this Policy, Lessee and its subcontractors shall be responsible for any damage due to construction work or other activities at a City-owned Property, and, upon 5 request by the City, shall promptly return damaged facilities to pre-existing condition, or better, at no cost to the City. Lessee shall ensure its subcontractors comply with the foregoing. In the event Lessee does not respond in a timely manner, the City may perform the necessary repairs caused by Lessee’s subcontractor(s) and bill Lessee for said repairs, which Lessee shall pay within thirty (30) days of receipt of invoice. City retains the right to require Lessee to provide a damage deposit prior to commencement of work to use for reimbursement should City perform the work.
14. All new and existing communications facilities and equipment owned by the Lessee shall be properly tagged, identifying the Lessee’s name, site name and/or site number and 24-hour Emergency phone number.
15. Lessee and/or its subcontractor(s) shall have a copy of any necessary permit(s) (e.g. Building Permit(s)) and the City stamped Site Plans and/or Construction Drawings on-site at all times during work activity. Failure to present said documents, upon request, will result in an immediate “stop work” order.
16. The Lessee, and/or its subcontractor(s), are responsible to ensure the area surrounding the work activity cannot be accessed by the public at any time while work activity is occurring.
17. Lessee, and/or its subcontractor(s), shall schedule a post construction walk-through inspection at least three (3) working days in advance of completion of work activity to identify and list any issues, work related deficiencies, or damage to the City’s facilities (i.e. “punch list”) if any.
Once all punch list items are completed, Lessee and/or its subcontractor(s) shall schedule a final walk-through inspection.
18. Upon City’s final acceptance of the work, Lessee, and/or its subcontractor(s), shall provide the City with the City approved Site Plans and/or Construction Drawings with field mark-ups, if any, on the appropriate sheets (as necessary) after the final inspection. These Site Plans and/or Construction Drawings shall represent the as-built “Record Drawings” and allow the City to close-out the project upon completion of the work activity.
19. In addition to submitting the Record Drawings, Lessee shall sign off on the City issued Letter of Consent and return the document to City for final project close out. Upon City’s acceptance of the Record Drawings and receipt of the signed/dated Letter of Consent from Lessee, the City will sign, date and return the Letter of Consent to Lessee indicating the project has been accepted as complete.
20. Lessee, and/or its subcontractor(s), shall comply with all applicable local, state, and federal laws, including but not limited to health and safety requirements pertaining to the construction, installation, operation and maintenance of the cell carrier facility, and requirements of the Occupational Safety and Health Administration (OSHA), including any safety and injury prevention program in place that is required under applicable laws and regulations. A copy of such program, if required by law or regulation, shall be available on site for inspection at all times and employees and/or subcontractor(s) of the Lessee shall be trained accordingly.
Furthermore, Lessee is responsible for, and shall adhere to, any and all Environmental Site Assessments, limited asbestos & lead-based paint surveys, the Section 106 process, including:
FCC Forms 620 & 621; Cultural Resource Assessments, Biological Assessments, and all other NEPA-related documentation for proposed communications equipment installations. 6 2.1.1 Proposed Facilities (Additions / Modifications) Documents, (including applications, drawings, structural calculations, permits, reports, etc.), submitted to the City for review shall show only the facilities being installed and match the project’s scope of work detailed on the project application form. No “future equipment” shall be indicated on any set of Site Plans and/or Construction Drawings, only equipment that is proposed for immediate installation will be accepted on any project application.
2.2 Access to City Park Facilities
Lessee, and/or its subcontractor(s), shall maintain access to the subject property at all times to City personnel. Access to any City Park facility for the purpose of routine maintenance, requires a minimum of 24 hours notice to City prior to commencing any work. Said work hours shall be subject to review and approval by City. Any access required other than for routine maintenance shall be coordinated with City as pursuant to Section 2.1 of this Policy.
2.3 Work Hours
Lessee, and/or its Subcontractor(s), may work only during approved work hours, which shall be coordinated with the Parks and Recreation Department. The City reserves the right to restrict work hours. Any work activity request outside these hours will require express written permission from the City, and any such approval shall be at the City sole discretion. The use of nighttime flood lighting is strictly prohibited. However, in the event Lessee determines that nighttime lighting is necessary, Lessee may submit a lighting plan and schedule for the City’s review. Any approval shall be considered on a case-by-case basis, and at the City’s sole discretion, whether to allow the nighttime lighting and under what circumstances and conditions will be allowed.
2.4 Site Restoration / Rehabilitation
2.4.1 Paved Areas
Any work activity to Lessee’s facilities that requires trenching and/or boring to an existing paved area shall be repaved/restored, as determined by the City, at its sole discretion. During the term of the lease, Lessee shall be responsible for a pro-rata share of the cost associated with City’s resurfacing certain paved areas affected by Lessee’s use of the City property.
2.4.2 Landscape Areas
Lessee shall be responsible for restoring any City landscaped area affected by Lessee’s facilities.
Any landscape features disturbed, removed, or damaged by Lessee and/or its contractor(s) shall be replaced with new features, as determined by the City. The Property affected by Lessee’s work activity shall be restored to a condition equal or better.
2.5 Ball Field Lighting
The City must ensure the integrity of its ball field lighting program. The City must therefore, from time-to-time, rehabilitate its ball field facilities affecting certain Lessee light pole attached equipment. Lessee may be required to remove part or all of its ball field mounted equipment and/or make arrangements to power down and/or relocate certain equipment to a temporary structure for the duration of the City’s ball field lighting rehabilitation project. 7 The City shall provide advanced notice to Lessee, to the best possible extent, of any City scheduled ball field lighting rehabilitation project requiring Lessee to power down and/or remove its light pole- mounted equipment.
3. Site Access and Security - Installation and Subsequent Maintenance Operations
3.1 Security Measures & Access Regulations
The City is subject to local, State, and Federal law, including Homeland Security regulations. The City reserves the right to require additional security measures and impose access regulations to comply with applicable laws and City requirements including but not limited to:
1. Rules and guidelines for each City site are at the sole discretion of the City and must be adhered to by each Lessee. Failure to follow the City rules and guidelines are cause for revocation of access to the property.
2. Rules and guidelines may be established for each City site based on the unique characteristics of the site.
3. Lessee may not make any other attempt to enter a City property without first notifying the City.
4. Lessee may not leave their enclosure open and unattended for any reason.
5. In the event of vandalism, whether to the Lessee’s facilities or City property, Lessee must report it to the City immediately.
6. It is the responsibility of the Lessee to ensure the City property is properly locked upon leaving for any reason, where applicable.
7. If City personnel are at a facility when Lessee arrives, it is the responsibility of Lessee to announce their presence and to let them know when they leave.
8. Prior to bringing a scissor lift or lift truck or similar vehicle to access their antennas or related equipment at the top of a pole, the City must be notified, and an encroachment permit pulled.
This requirement holds true for any type of work on the pole regardless of whether it is a modification or routine maintenance.
9. In the event a scissor lift or lift truck or similar vehicle is used for work on City property, at the completion of the use of the vehicle, it must be immediately removed from the premises.
10. Should a scissor lift or man-lift or similar vehicle need to remain on City property in the course of continued work, the vehicle must be moved away from any structures and secured in a safe location. The vehicle should be made inoperable including by not limited to the battery being removed from the vehicle.
3.2 Ongoing Operations
1. Ongoing operations and maintenance of the Lessee's facility shall comply with all applicable local, state, and federal laws and regulations, this Policy, and the requirements of the executed Lease.
2. Lessee shall not install any equipment outside the parameters of their Lease without the prior written authorization of City. So doing may constitute a default and result in termination of the Lease.
8 3. Any equipment additions or modifications made to any communications facility beyond the original Leased equipment / area are subject to an increase to the current annual Lease Payment, on a monthly pro-rata basis, and subject to the same annual Lease Payment escalation.
4. No subleasing/sublicensing is permitted. Any new carrier wishing to collocate on an existing approved telecommunication structure must acquire additional ground space from the City directly.
4. Decommission / Termination Process
Any Lessee that decides to decommission its Wireless Communications Facility (“WCF”) on any City- owned properties must follow the process described herein:
A. Lessee (and/or its agent) shall submit a letter to the City, by certified mail or equivalent, indicating Lessee’s intention to decommission its WCF located on CITY property. The letter shall include Lessee’s site name, site number, City facility name, site address, contact person, mailing address, e-mail address, phone and intended timeframe for the proposed decommission activity.
B. The City shall provide Lessee (and/or its agent) a return letter acknowledging Lessee’s intention to decommission its WCF.
C. Upon Lessee’s contact, the City shall determine the process for decommissioning. The Lessee and the City will negotiate what items can be left at the site.
D. Decommission work activity is not complete until the City determines that the work is completed.
Lessee is responsible for paying all Lease Payments due through to the date of the decommissioning completion in addition to any early termination fees pursuant to the Lease.
Any pre-paid Rent shall also be retained by the City. It shall be Lessee’s responsibility to execute and record a quitclaim deed or other instrument evidencing the termination of Lessee’s interest in the Property upon the expiration or termination of the Lease.
Communication Facilities License Program
Procedures and Guidelines
for
Communication Facilities Licenses
within
El Toro Water District Properties
April, 2023
Table of Contents
1. Introduction ..................................................................................................................................................................... 1
2. License Agreements and Amendments ................................................................................................................ 2
3. Cell Carrier Facility Development Guidelines and Requirements ............................................................. 3
3.1 Universal Installation Requirements……………………………………………………………………………………3
3.1.1 New Site Build, Site Modifications and Site Repairs………………………………………………….3
3.1.2 Maintenance & Emergency Access…………………………………………………………………………..7
3.2 Requirements for Proposed Project Construction Drawings/Plan…………………………………………8
3.2.1 Signature Block……………………………………………………………………………………………………...8
3.2.2 District Construction Notes…………………………………………………………………………………….8
3.2.2. District Contact………………………………………………………………………………………………...……8
3.2.3 District Facility Name…………………………………………………………………………………………….9
3.2.4 District Project Number…………………………………………………………………………………………9
3.2.5 Equipment Table…………………………………………………………………………………………………..9
3.2.6 Address………………………………………………………………………………………………………………..9
3.3 District Personnel Access 9
3.4 DIG ALERT 9
3.5 Trench Detail 10
3.6 Softscape Replacement 10
3.7 Work Hours and Lighting 10
3.8 Site Restoration 11
4. Site Access and Security ................................................................................................................................................ 11
4.1 Obtaining Keys……………………………………………………………………………………………………………11
4.2 Security Measures and Access Regulations 11
4.3 Ongoing Operations 13
5. Application Process Guidelines .................................................................................................................................. 13
6. Decommission or Termination Process ................................................................................................................. 15 Appendices
Appendix A: Communication Facility License Agreement Template Appendix B: Amendment to Communication Facility License Agreement Template Appendix C: Application Procedures and Forms
Appendix D: Fee Schedule
Appendix E: Signature Block and Equipment Table Samples Appendix F: Construction Notes, General Notes, Plan Notes & Requirements 1 1. Introduction
El Toro Water District (District) is a California water district formed an existing pursuant to Section 34000 et seq of the California Water Code. Because a wide range of general and special acts exist in state law, water special districts are governed by a large number of distinct statutory authorizations, which allows the District to provide designated water services. The District’s five- member governing body, the Board of Directors, is directly elected by the voters for a fixed term of four years and are responsible for setting policy and decision-making. The District’s mission is to “provide its customers a safe, adequate and reliable supply of water and wastewater service in an environmentally and economically responsible way”. Ancillary to this directive, the District has a history of allowing installations of wireless communications facilities on its properties where feasible and compatible with District operations. The District, therefore, has developed this Program of Procedures and Guidelines (“Program”) to define the District’s procedures for granting communication licenses and approving licensee improvements on its properties.
Under this Program, the District will balance its interest in maximizing additional revenues from wireless communication companies with due consideration for operational needs related to use of District’s facility properties, flexibility to allow changes-in-use of its facilities, and adequate protection against safety concerns related to use of the sites for Communications Facilities.
The terms and requirements set forth in this Program shall provide guidelines to all Communication Facilities and all references to License(s) and/or Licensee(s) shall extend to all existing Lease(s) and Lessee(s), as applicable. All new applications for Communication Facilities shall comply with the terms as outlined in this Program, and the authorizations to use District property shall be in substantially the form of the Communication Facility License Agreement attached in Appendix A.
Any existing Lease for Communication Facilities may be replaced with a Communication Facility License Agreement permitted under this Program upon the expiration of the current Communications Facility Lease Agreement; or, earlier upon request, provided such Lessee is not in default under the terms of an existing Communications Facility Agreement.
The terms and procedures outlined in this Program shall also apply to Amendments or changes to existing Communications Facility Agreements. See Appendix B for the form of Amendments to License Agreements.
2 This Program may be amended from time-to-time by the District, in its sole discretion, as approved by the District’s General Manager. The District shall notify, in writing, Licensee, in advance, of any proposed revision to this Program. However, it is the responsibility of all applicants and/or Licensees to comply with the most current version of the Program.
2. License Agreements and Amendments
1. All applications for Communications Facilities shall be authorized in substantially the form of the Communications Facility License Agreement attached in Appendix A. All applications for an Amendment to a Licensed Communications Facility License Agreement shall be authorized in substantially the form of the Amendment to Communication Facility License Agreement attached in Appendix B.
2. Key terms of the License Agreement in Appendix A include:
a. The License Term shall be for ten (10) years, and at the option of applicant for an additional five (5) year period (fifteen (15) years aggregate) provided Licensee is not currently in default under the License Agreement. b. The License Fee amount for the ten (10) year license period shall be negotiated between the District and the Licensee and is payable in advance in annual payments. Payment schedule for License Fees is listed in the Agreement in Appendix A.
c. Annual License Fees shall begin immediately and be payable within 45 days of the full execution of the License Agreement and/or Amendment (the prorated portion of the annual License Fee, if any).
d. License Fee amounts will be subject to an automatic yearly increase equal to three percent (3%) per annum during the ten (10) year license period and during any option period, as applicable. The District’s General Manager, or their designee, may negotiate other annual percentage increase rates at the time of the Agreement execution. In addition, if applicable, a one-time catch-up inflation adjustment shall be made for the first year of the option period based on the consumer price index as described in Section 4 of the License Agreement. 3 e. Should the agreement lapse, the District shall charge a holdover fee of 150% of the then current annual License Fee pro-rated on a monthly basis described in Section 5 of the License Agreement.
f. Licensee shall submit to the District, for approval, two (2) competitive bids for a performance bond for the removal of Licensee’s equipment and restoration of the Licensed Area to the condition which existed prior to Lessee’s installation of its equipment, reasonable wear and tear excepted.
3. The District’s General Manager may delegate authority individually to their designee(s), to review all License applications and negotiate all Licenses and Amendments, including determination of annual License Fees, in accordance with the terms and conditions of this Program.
3. Cell Carrier Facility Development Guidelines and Requirements All Communications Facilities on District property shall be installed, operated, maintained, modified, and altered, according to this Program, and shall comply with the procedures, guidelines and requirements outlined in this section and elsewhere in this Program. These Program guidelines and requirements apply to all Communications Facilities installations, work and operations, whether under new Licenses, or pursuant to existing Lease Agreements.
3.1 Universal Installation Requirements
The following requirements apply to all Communications Facilities on District property.
3.1.1 New Site Build, Site Modifications and Site Repairs
1. The District’s Procedure and Guidelines is for all Communications Facilities to be located on separate tower structures. The tower structure shall preserve operational safety, as well as the functional and aesthetic qualities to blend into the local environment.
2. All formal request for a new Communications Facility, or modifications to an existing facility, requires the applicant to submit a Site Application and the appropriate fees (see Appendix D) to the District for review and processing. The applicant is encouraged to engage the District early in the processes and perform an assessment site-walk to determine if proposed project or improvements are feasible. All applications for new 4 Communications Facilities, or modifications to existing facilities shall be valid for a twelve- month time-period starting on the date of notice from the District to Lessee of acceptance and receipt of Lessee’s application. Licensee may request an extension to the twelve-month time-period, which shall be granted at the District’s sole discretion.
3. Prior to commencement of any work by Licensee at a District property, the District shall have:
a. A fully executed License Agreement, that is not in default or Amendment, as applicable; and,
b. A current Certificate of Insurance with the proper endorsements pursuant to Section 12 of the License Agreement, or the Insurance Section contained within the current Lease Agreement. Additionally, Licensee shall ensure that any contractor(s) to be engaged in the installation or modification of a Communications Facility, conform with the Insurance requirements described in the License Agreement or Lease Agreement; and,
c. Set of construction drawings/plans for the proposed communications facility signed and stamped by a licensed professional engineer, and received and accepted by the District; and,
d. Proof that Licensee has complied with all applicable zoning and planning approval requirements from appropriate jurisdictions along with Conditions of Approval (COA’s), if any; and,
e. A set of construction drawings/plans signed and stamped by the jurisdiction of record and a copy of a building permit, and/or any other permit(s) required; and, f. A copy of the signed and stamped Structural Analysis, from a licensed Professional Engineer (P.E.), and a separate letter from the P.E. indicating that all existing and/or proposed equipment will be adequately supported by the attachment system(s). g. A pre-construction conference conducted with the District’s Inspector. The pre- construction conference shall be held at least one week prior to start of construction and attended by Licensee’s representative(s), its contractor(s), the District’s Inspector 5 and, if necessary, the District’s coatings representative. Licensee or its contractor(s) shall provide the District’s Inspector the following:
i. a construction schedule;
ii. 24-hour contact information for the contractor(s) and/or its project foreman;
iii. Contractor(s) proof of Insurance, including workman’s comp.
4. No work shall commence prior to the issuance of a Consent Letter by the District. The District shall issue a Consent Letter once all the requirements of this Program have been met by the applicant and the District has determined that the proposed work may commence. The Consent Letter shall accompany District approved construction drawings/plans that have been signed and stamped by the jurisdiction of record.
5. After the Licensee receives a Consent Letter and District approved construction drawings/plans, the Licensee or its contractor(s) shall notify the District’s Inspector at least two (2) working days prior to beginning any work.
6. The District reserves the right not to issue or withdraw its approval to commence work if the Licensee or its contractor(s) have failed to satisfy the Program terms.
7. If the District’s facilities require maintenance work that may interfere with the Licensee’s activities at the Site, the District reserves the right to require Licensee to postpone Licensee’s work activities on the Site until such time the District’s work has been completed.
The District will, wherever possible, give advance notice of any scheduled maintenance work and coordinate its activities with the Licensee and/or its representatives.
8. Under no circumstances will Licensee and/or its employees, agents, contractors be allowed access to the roof of any District reservoir tank without direct District staff supervision.
Furthermore, the District reserves the right to determine any work limitations on any District facilities and/or Site.
9. Licensee’s personnel, including contractors and subcontractors, shall ensure that the District Site and facilities are accessible at all times to District personnel, in accordance with the details under Section 3.3, herein.
6 10. The Licensee shall be responsible for any damage due to any construction work or other activities to existing Communications Facilities at the Site, if any, and/or any District facilities; and, upon request by the District, shall promptly return damaged facilities at the Site to pre-existing condition, or better, at no cost to the District. Licensee shall ensure its contractors comply with the foregoing. In the event Licensee does not comply, the District may perform the necessary repairs to District facilities and bill Licensee, which Licensee shall pay within thirty (30) days of receipt of the invoice.
11. All new and existing communication facilities and equipment owned by the Licensee shall be properly tagged identifying the Licensee’s site name and/or site number and 24-hour Emergency phone number.
12. The Licensee and/or its contractor(s) shall have a copy of the jurisdictional required permit(s) and the construction drawings/plans approved by the District’s General Manager or Engineering Manager (or designee) on-site at all times, while work activities are occurring.
13. The Licensee and/or its contractor(s) are both responsible to ensure the District Site and facilities cannot be accessed by the public at all times while installation work is occurring.
14. Upon completion of work, License and/or its contractor(s) shall schedule a final walk- through with the District’s Inspector. Upon acceptance by the District’s Inspector, Licensee or its contractors shall provide the District with a set of District accepted construction drawings/plans with field mark-ups (as-built), if any. These construction drawings/plans shall be labeled “Record Drawings” and are mandatory for the District to close-out the project upon completion of the installation and/or related work activity. Any project that has not been successfully closed-out may result in the District’s delay in reviewing any subsequent project submittal(s), at the District’s sole discretion.
15. Trenching, as part of any work or installation, shall conform to the requirements of Section
3.5 Trench Details.
17. The Licensee and/or its contractor(s) shall comply with all local, state, and federal health and safety requirements pertaining to the construction, installation, operation, and maintenance of the Communications Facilities. Requirements of the Occupational Safety and Health Administration (OSHA) & Federal Communications Commission (FCC) shall be 7 adhered to at all times; including any safety and injury prevention placards or program that is required under applicable laws and/or regulations. A copy of such program, if required by law or regulation, shall be on-site at all times and employees and contractors of the Licensee shall be trained accordingly.
3.1.2 Maintenance & Emergency Access
Maintenance at Licensee facilities is divided into two categories: Routine and Non-routine.
If Licensee has uncertainty which category proposed work is defined as, Licensee should contact the District’s inspector. All maintenance activity shall be performed during regular business hours (7:00 AM – 4:00 PM, Monday through Thursday and 7:00 AM – 3:00 PM on alternating Fridays) or according to the hours prescribed by the jurisdiction of record, whichever is more stringent.
Routine maintenance is defined as the following:
1. Any work performed by Licensee to repair or service their facility which does not require entitlements (e.g. Planning/Zoning Approval, Building Permit, Electrical Permit) from a jurisdictional body; and,
2. Any work within Licensee’s equipment area that does not extend beyond the Licensed Area, in any direction, and does not require any excavation; and,
3. In the case of antennas, like-for-like replacement is acceptable, subject to the conditions of approvals (COA’s) imposed by the jurisdiction of record for the original antenna installation.
Non-routine maintenance is defined as the following:
1. If the sizes, weight, shape, appearance or other similar characteristics of a replacement component are changed, Licensee shall be required to submit a Site Application, appropriate fee(s) and construction drawings/plans for the District’s review and approval.
2. In the event work performed by Licensee is expected to impact the use of District property, including property access, obstructing driving lanes, or similar impacts Licensee shall notify the District and submit a Site Application and construction drawings/plans for District review and approval (Consent Letter). 8 3. Emergency Access is defined as the following:
Licensee Emergency Access may be required in an event whereby Licensee’s Communication Facilities becomes suddenly impaired or non-operational due technical reasons including, but not limited to power failure, equipment failure, theft, vandalism, or acts of nature. Licensee has the non-exclusive license to access the facilities on seven (7) days a week, twenty-four (24) hours a day, via foot or motor vehicle (but not including vehicles with more than two (2) axles/more than twenty (20) feet in length) in order to install, operate, and maintain the Communications Facility, providing, Licensee adheres to this Program.
In the event there is an equipment failure, other than equipment accessed at the ground level, Licensee will use best efforts to undertake repairs during standard business hours. Within twenty-four (24) hours, Licensee shall inform the District, at (949) 837- 7050, ext. 251, when access to any District facility occurs as a result of an emergency or outside of standard business hours.
3.2 Requirements for Proposed Project Construction Drawings/Plan The requirements for submitting project construction drawings/plans is for the purpose of evaluating the location and other aspect of the project as it relates to the continued on-going operations of the District’s facility. All project construction drawings/plans submitted to the District for review shall contain the following:
3.2.1 Signature Block
Each project construction drawings/plans submitted for District review shall have a signature block for the District’s Engineering Manager (or designee) with a date featured on the Title Sheet according to the sample shown in Appendix E.
3.2.2 District Construction Notes
Each project construction drawings/plans should include DISTRICT Construction Notes, listed in Appendix F.
3.2.2. District Contact
The title page of each project construction drawings/plans shall have a District contact listed for engineering and inspection. The Licensee shall obtain the current contact information from the District.
9 3.2.3 District Facility Name
Each project construction drawings/plans set submitted to the District for review shall have the District’s facility name prominently displayed, in addition to Licensee’s designation(s) for the Site on the Title Sheet.