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Resolution

San Jose City Council
June 13, 2023

Document
Resolution
Meeting
June 13, 2023
Body
San Jose City Council
Original file
200 KB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

NVF:CHD:JMD
6/2/2023

T-3411.006 / 2027333.docx 1
Council Agenda: 06-13-2023
Item No.: 2.7(c)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

RESOLUTION NO. ______________

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SAN JOSE DIRECTING STAFF TO TRANSFER TEN

PERCENT OF THE REVENUE COLLECTED FROM THE

NEW TELECOMMUNICATION AGREEMENTS TO THE

DIGITAL INCLUSION FUND

WHEREAS, City Council approved City Council Policy 7-10 establishing a policy and criteria which represents the minimum standards for the lease or use of City-owned land, buildings, light poles, streetlights or other City-owned facilities for the placement and maintenance of telecommunication facilities by private telecommunication operators; and

WHEREAS, in 2015, City Council approved Resolution No. 77551, which allowed for distinguishing between small cell and macro cell technology and established a Master Agreement for the Non-Exclusive Installation and Property Use of Small-Scale Telecommunications Facilities in the Right-of-Way and on City-owned property; and

WHEREAS, telecommunication providers have responded to changes in market conditions making macro cell sites the preferred installation and as a result they have lowered their investments in small cell infrastructure; and

WHEREAS, the Digital Inclusion Fund has primarily been supported by telecommunication providers investment in small cell installations; and

WHEREAS, to support the City’s Digital Inclusion Program, ten percent of the revenue received for newly executed macro cell telecommunication agreements under the new Telecommunication Agreement would be transferred to the City’s Digital Inclusion Program Fund, which, in the short term, is projected to be approximately $10,000 to NVF:CHD:JMD
6/2/2023

T-3411.006 / 2027333.docx 2
Council Agenda: 06-13-2023
Item No.: 2.7(c)
DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
$20,000 annually that would be transferred to the Digital Inclusion Program Fund, instead of remaining with the General Fund; and

WHEREAS, with the anticipated growth of the macro cell sites lease program, the revenue to the Digital Inclusion Fund is expected to increase to $140,000 annually;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:

The City Council hereby directs staff to implement the transfer of ten percent of the revenue received for newly executed macro cell telecommunication agreements under the new Telecommunication Agreement to the City’s Digital Inclusion Program Fund.

ADOPTED this _____ day of ___________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

MATT MAHAN
Mayor
ATTEST:

TONI J. TABER, CMC
City Clerk

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