Public Works Agency
www.santa-ana.org/public-works
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 3, 2024
TOPIC: Municipal Facilities License Agreement
AGENDA TITLE
Municipal Facilities License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California Limited Partnership
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California limited partnership, for the use of street lights for the installation of wireless devices other than small cell for a ten-year period, with provisions for two automatic five-year extensions (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Federal Communications Commission (FCC) and the Santa Ana Municipal Code (SAMC) establish rules and regulations for telecommunications companies installing, modifying, and operating wireless communication network devices on City-owned facilities within the public right-of-way (primarily street light poles). Wireless communications network devices are used by telecommunication companies to improve service area coverage without the need for new traditional large wireless towers and antennas. The City has an existing agreement with Los Angeles SMSA Limited Partnership (Verizon Wireless) for the installation of devices that meet the FCC definition as “small-cell” wireless devices. The proposed agreement will allow for the installation of other types of wireless devices with similar terms and conditions.
Telecommunications companies are required to enter into City Council-approved master Municipal Facilities License Agreements (MFLA) that outline the general terms and conditions for installing, modifying, and operating equipment on City-owned facilities in the public right-of-way. The MFLA allows for subsequent, administratively approved, individual site specific license agreements (supplemental license agreements) which specify the details for equipment at specific locations. Typically, telecommunication companies’ network devices exist on City street light poles. If approved, a site-specific license is issued for the proposed location and fees collected for the use of a City- owned facility within the public right-of-way. The proposed agreement will allow Verizon Wireless to install and maintain non-small-cell wireless devices on City-owned street lights in accordance to the provisions in the agreement, the site-specific license, and in
Municipal Facilities License Agreement
December 3, 2024
4 6
9 5
accordance to the previously established City’s Wireless Communication Installation Guidelines. Non-small-cell and small-cell communication devices have a similar appearance and dimensions, making them virtually indistinguishable to the average person. However, they differ significantly in their communication technology.
The City generates revenue for each site license application and executed agreement.
Under the proposed MFLA an initial application fee of $1,964 will be collected for each licensed location during FY 24-2025, after which the fee will be adjusted based on the City Council-adopted Miscellaneous Fee Schedule for future fiscal years. Additionally, an annual license fee of $1,500 shall apply and be subject to an annual increase of 3% applied on each anniversary of the effective date, December 3.
Staff recommends the approval of the Municipal Facilities License Agreement with Verizon Wireless (Exhibit 1), to allow for this company to install and modify non-small- cell wireless devices as allowed by the FCC and as regulated by the SAMC.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The agreement will commence on December 3, 2024 and expire December 2, 2034.
Revenues from the agreement will be deposited in the accounts listed below and will be budgeted for expenditure in future fiscal years.
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit,
Account Description Amount
2024-25 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2024-25 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2024-25 10117002-53740
Public Works-
Admin &
Planning
Public Works-Admin
Services Revenues,
Small Cell App Fee for
City Facilities
$1,350
2024-25 10117002-56305
Public Works-
Admin &
Planning
Public Works-Admin
Services Revenues,
Engineering Service
Charge
$1,964
2025-26 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
Municipal Facilities License Agreement
December 3, 2024
4 6
9 5
2025-26 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2026-27 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2026-27 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2027-28 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2027-28 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2028-29 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2028-29 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2029-30 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2029-30 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2030-31 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2030-31 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2031-32 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2031-32 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2032-33 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
Municipal Facilities License Agreement
December 3, 2024
4 6
9 5
2032-33 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2033-34 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2033-34 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
TOTAL $21,234
EXHIBIT(S):
1. Municipal Facilities License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California limited partnership Submitted By: Nabil Saba, P. E. Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager