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New Cingular Wireless PCS LLC 7/31/2018
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New Cingular Wireless PCS LLC 7/31/2018
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Entry Properties
Last modified
8/2/2018 10:32:32 AM
Creation date
8/2/2018 10:32:18 AM
Metadata
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Template:
Contracts
Contractor's Name
New Cingular Wireless PCS LLC
Approval Date
7/31/2018
Council Approval Date
7/25/2018
End Date
8/31/2028
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Use of City Facilities for Small Cell Sites
Tracking Number
0001347
Total Compensation
$5,000.00
Contract Type
Agreement
Contract Subtype
Use of Property
Retention Period
6 Years Then Destroy
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10. Radio Frequency Interference Study <br /> 10.1. Company must comply with all laws including all laws relating to the allowable <br /> presence of or human exposure to Radiofrequency Radiation("RFs")or <br /> Electromagnetic Fields("EMFs")on or off the City Poles, including all applicable <br /> FCC standards, whether such RF or EMF presence or exposure results from the Site <br /> Equipment alone or from the cumulative effect of the Site Equipment added to all <br /> other sources on or near the City Poles. Company must provide to the City a copy of <br /> the report,required for Company's Site License Addendum, of an independent <br /> engineering consultant analyzing whether RF and EMF emissions at the proposed <br /> City Poles would comply with FCC standards, taking into consideration the Site <br /> Equipment installation specifications and distance to residential windows(each, an <br /> "Emissions Report"). If not provided earlier, Company must submit the Emissions <br /> Report to the City with the applicable Site License Addendum application.Further, <br /> Company shall, at its own cost and expense, perform an RF emissions test following <br /> installation to validate that the Site Equipment once installed complies with the FCC <br /> standards. <br /> 10.2. The results of this study shall be reviewed by any other pre-existing lessee, user or <br /> occupant with communication uses currently located on the City Poles. If as a result <br /> of the interference study it is determined that operation of Company's Site Equipment <br /> would significantly interfere with the operation and use of any other authorized <br /> communications facilities on the City Poles, operated by the City,PSERN (or its <br /> successor entity) or another pre-existing authorized communications facility or other <br /> pre-existing lessee, user or occupant,the Company or City may terminate the Site <br /> License Addendum upon thirty(30) days' notice to the other party and neither party <br /> shall have any further obligations or responsibilities related to that Site License <br /> Addendum. <br /> 10.3. If, after Company initiates operation of its Site Equipment, the City has reason to <br /> believe that Company's operation of its Site Equipment has caused or is causing any <br /> electrical,electromagnetic,radio frequency, or other interference with the operation <br /> and use of any other authorized communications facilities on the City Poles, whether <br /> operated by the City,PSERN(or its successor entity)or another pre-existing lessee, <br /> user or occupant with rights prior in time to Company, upon notice, Company shall <br /> promptly commence curative measures until the interference has been corrected to <br /> the reasonable satisfaction of the City of the facilities being interfered with. If such <br /> interference has not been corrected within thirty(30)days of Company's receipt of <br /> the initial notice from City, Company or City may terminate the Site License <br /> Addendum upon thirty(30)days' notice to the other party and neither party shall <br /> have any further obligations or responsibilities under the Site License Addendum. <br /> 10.4. Company shall not affix or mount any antennas, devices,equipment or related <br /> material, in any manner or in any location which would cause degradation in the <br /> operation or use of communications systems at the City Poles which serve the City or <br /> other existing users. This would include but not be limited to impacting the received <br /> or transmitted signal strength or patterns of any systems at the site serving the needs <br /> of the City. If at any time the operation of Company's Site Equipment interferes with <br /> the reception or transmission of public safety communications, Company shall <br /> New Cingular Wireless PCS,LLC 9 <br />
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