HomeMy WebLinkAboutStaff Report 8590
City of Palo Alto (ID # 8590)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 1/22/2018
City of Palo Alto Page 1
Summary Title: Approval of a License Agreement with GTE Mobilnet Of
California Ltd Partnership/B/A Verizon Wireless
Title: Approval of a License Agreement With GTE Mobilnet of California
Limited Partnership D/B/A Verizon Wireless for Placement of
Telecommunications Facilities on City Owned Property Located at 1082
Colorado Avenue
From: City Manager
Lead Department: Administrative Services
RECOMMENDATION
Staff recommends that Council approve and authorize the City Manager to execute the
attached license from the City of Palo Alto to Verizon Wireless, for the development and
operation of telecommunications facilities near a Pacific Gas & Electric (PG&E) tower on City-
owned property located at 1082 Colorado Avenue (on the south side of Colorado Avenue near
the intersection of Colorado Avenue and Simkins Court), and find that the project is
categorically exempt from CEQA pursuant to Guideline Section 15301 (Existing facilities, no
expansion of use).
BACKGROUND
On November 17, 1997, Council approved a set of four telecommunications policy statements
(Attachment A). Policy 4, which addresses the use of City-owned and leased property for
telecommunications infrastructure, recognizes that City land and facilities could be used to
support the competitive delivery of telecommunications services and also reduce the adverse
impacts associated with the development of the necessary infrastructure by reducing the total
number of sites needed by wireless service providers. This policy encourages qualified outside
parties to use designated City-owned or leased property and facilities for siting
telecommunications infrastructure when these are compatible with the primary use of the
property, and are used in a manner that is consistent with City real estate policy, zoning, legal,
environmental and other requirements as necessary.
On December 19, 2000, Council approved a license with AT&T Wireless for placement of
telecommunications facilities on property located under a Pacific Gas & Electric Tower on City
property at 1082 Colorado Avenue. On September 19, 2005, Council approved a license with
City of Palo Alto Page 2
Metro-PCS for development and operation of telecommunications facilities at the 1082
Colorado Avenue site. Metro-PCS moved out of this location in 2015. Since that time, Staff has
had discussions with various wireless operators, and entered negotiations with Verizon
Wireless toward a new license agreement for the site. The attached license has been approved
by Verizon and it will be finalized and executed by the City and Verizon after Council approval.
DISCUSSION
The Verizon wireless facilities proposed to be placed on the site consist of: 1) six antennas
mounted on the existing PG&E tower; and 2) ground equipment, consisting of enclosed
equipment pads and cabinets, covering an area of approximately 230 square feet to be placed
46.5 feet from the tower (Attachment B). The property (Attachment C) is owned by the City,
and PG&E has an easement for its power lines on the City’s property. Verizon is in the process
of obtaining a license from PG&E for the antenna on the tower; the attached license
(Attachment D) is for the ground equipment on the City’s land. The equipment cabinet is fully
self-serviced, and will be connected to power, fiber, and back-up power supply. Verizon will
take care of the arrangements for fiber and power, and will install its own backup generator.
This proposal would also require Planning Department approval of an Architectural Review
application, prior to any construction/installation.
In accordance with the intent of Telecommunications Policy #4 to reduce adverse impacts of
telecommunications infrastructure, use of this site by Verizon has the advantage of using an
existing tower, which eliminates the need for an additional tower in the area and the ground
area has been used to house wireless equipment.
The site, zoned Public Facility (PF), is currently used for utility facilities including the City
substation, the PG&E lines and two wireless carriers previously approved by Council. The
project will need a wireless facility permit from the City and the lease will be void without the
Planning Department approval.
Major terms include a 10-year term with the option to renew for two additional terms of five
(5) years each; annual rent of $24,000 to be increased annually by three (3) percent; and use
conditions to accommodate both the needs of the licensee and other occupants/users of the
property. The extensions term can be terminated if either Party provides the other Party with
written notice of intent not to extend the then-current term. In order to be effective, such
notice must be delivered, consistent with Section 16 of this Agreement, no later than three (3)
months prior to the expiration of the then-current term.
License conditions require the use to comply with applicable laws and regulations regarding
electromagnetic emissions, and to meet all other applicable federal, state and local laws and
regulations regarding environmental and occupational safety. Hammett & Edison Consulting
Engineering firm was retained on behalf of Verizon to evaluate the proposed facility for
compliance with appropriate guidelines limiting human exposure to radio frequency (RF)
electromagnetic files (Attachment E). Results of the study concluded that the facility complies
City of Palo Alto Page 3
with prevailing established standards for limiting public exposure to RF energy and that the
highest calculated level in publicly accessible areas is much less than what the prevailing
standards allow for exposures of unlimited duration.
RESOURCE IMPACT
The proposed license will generate annual income to the City in the amount of $24,000 per
year, adjusted annually with a three percent increase. This rent is consistent with what other
local agencies charge for similar rental uses.
POLICY IMPLICATION
The proposed license is consistent with Policy #4 of the Telecommunications Policy Statements
approved by Council on November 17, 1997 and with City Policies and Procedures 1-11, Leased
Use of City Land/Facilities.
TIMELINE
Construction and operation of the facility will begin shortly following execution of the License
and approval of all required permits.
ENVIRONMENTAL REVIEW
The project is categorically exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities; negligible or no expansion of
use) of the CEQA guidelines. On July 20, 2005, the Zoning Administrator approved a conditional
use permit for the proposed use at the proposed location, after making the required
determination that the use will not be detrimental or injurious to property or improvements in
the vicinity, or to the public health, safety, general welfare or convenience; and that the
proposed use will be located and conducted in a manner in accordance with the Palo Alto
Comprehensive Plan and Title 18 of the Palo Alto Municipal Code.
Attachments:
Attachment A: Telecommunication Policy
Attachment B: Louis and Colorado Proposal
Attachment C: Property Descripton
Attachment D: License Agreement
Attachment E: Engineering Study Report
ATTACHMENT A
TEL.ECOMMlJNICATIONS POLICY STATEIV!ENTS
1. General -It is the policy of the City of Palo Alto to facilitate the competitive deliver; of
conventional and advanced teleconununications services throughout Palo Alto in an
environmentally sound manner, while ensuring cost recovery and enhancement of
revenues derived from the use of the City's assets.
' Siting and installation of New Telecommunications Facilities -The city is the owner
of the public right-of-way over which it has control and the regulatory body for the
development of facilities within its jurisdictional boundaries. It is the policy of the City
to regulate the location and manner of construction, manage the safe, orderly and efficient
use of Palo Alto's public right-of-way, and to facilitate timely installation of
telecommunications infrastructure in environmentally sound manner.
3. Use of Utilities Infrastructure -The City allows the use of Utilities infrastructure and
Utilities-owned or-leased facilities to promote the delivery of telecommunications
services provided that any telecommunications use does not impinge upon the City 's
ability to provide safe and reliable electric, gas, water, wastewater, and storm drainage
services and does not interfere with the City's planned use of the facility or property.
d Use of City Facilities and Property -The City owns and leases property and facilities,
in addition to Utilities facilities, that could be used to support the deployment of
affordable telecommunications services while limiting the potential adverse impacts
associated with the development of the necessary infrastructure. It is the policy of the
City to encourage qualified outside parties to use designated City-owned or -leased
property and facilities for siting of telecommunications infrastructure that is compatible
with the primary use of the property, and in a manner that is consistent with City real
estate policy, zoning, legal, environmental, and other requirements as necessary.
Approved by the Palo Alto City Council on November 17, 1997
5'
(
LEGAL DESCRIPTION
ALL THAT REAL PROPERTY LOCATED fN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA.
STA TE OF CALIFORNIA. DESCRIBED AS FOLLOWS :
PARCEL l:
BEGINNING AT Tl IE POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF COLOR.ADO
AVENUE, 60 FEET WIDE. WITII THE SOUTHWESTER.LY LINE OF THE WOOSTER CANAL. AS
ESTABLISHED BY FINAL DECREE OF CONDEMNATION ENTERED APRIL 17. 1946 IN THE SUPERIOR.
COURT OF THE STATE OF CALIFORNIA., IN AND FOR THE COUNTY OF SANT A CLARA, IN ACTION
ENTITLED. CITY OF PALO ALTO, A MUNICIPAL CORPORATION VS. MACKAY RADIO AND
TELEGRAPH CO., A CORPORATION. ET AL, CASE NO. 61804, A CERTIFIED COPY OF SAID DECREE
WAS FILED FOR RECORD ON APRIL 17. 1946, BOOK 1332 OFFICIAL RECORDS. PAGE 443. SANTA
CLARA COUNTY RECORDS; THENCE S. 55" 49' 20" W. ALONG SAID SOUTHEASTERLY LINE OF
COLOR.ADO A VENUE 208.32 FEET TO THE POINT OF INTERSECTION THEREOF WITH A
NORTl-IEASTER.L y LfNE or THAT CERTAIN 0.060 ACRE TRACT OF LAND DESCRIBED IN TIIE QUIT
CLAIM DEED TO CITY OF PALO ALTO, RECORDED AUGUST 19, 1952 IN BOOK 2472 OFFICIAL
RECORDS, PAGE 263. SANTA CLAR.A COUNTY RECORDS; THENCE D. 43° 41' 40" E. ALONG A NOR.TH
EASTEIU Y LINE OF SAID 0.060 ACRE TR.ACT 86.37 FEET TO AN ANGLE POINT THEREIN: THENCE S.
35" 23' 40" E. ALONG A NORTllEASTERLY LINE OF SAID 0.060 ACRE TRACT 107.23 FEET TO TllE
SOUTHERNMOST CORNER THEREOF IN Tl-IE NORTHEASTEIU Y LINE OF THAT CERTAIN STIUI' OF
LAND DESIGNATED "50 FT. RESERVE" ON THE MAP OF C. M. WOOSTER COMPANY'S SUBDl\'ISION
OF THE CLARKE RANCH. FILED IN Tl-IE OFFICE OF THE RECORDER OF Tl-IE COUNTY OF SANTA
CL\RA. STATE OF CALIFORNIA. ON NOVEMBER l I. 1912, IN BOOK '·O" OF MAPS, PAGE 16: THENCE
S. 43° 40' 40'' E. ALONG THE NORTHEASTERLY LINE OF SAID 50 FOOT STRIP 41.34 FEET TO THE
POINT OF .INTERSECTION THEREOF WITH Tl-IE SOUTHEASTERLY LINE OF THAT CERTAIN 10.00
ACRE TRACT OF LAND DESCRIBED FIRSTLY JN TJIE FEED TO FEDERAL TELEGRAPH COMPANY, A
CORPORATION, RECORDED OCTOBER 21. 1921 IN BOOK 538 OF DEEDS. PAGE 511, SANTA CLARA
COUNTY RECORDS: Tl IENCE N. 70° 05' 20" E. ALONG Tl IE SOUTl-IEASTERL Y LINE OF SAID 10 ACRE
TRACT 371.89 FEET OT TllE POINT OF INTERSECTION TJIEREOF \VITI! TIIE NOR.TIIWESTERL Y LINE
OF TllE M:\ T ADERO CANAL ( 100 FEET IN \VIDTll ): THENCE N. 50° 37' 20" E. :\LONG SAID LAST
MENTIONED LINE 58.96 FEET TO Tl-IE POINT OJ-INTERSECTION THEREOF WITH SAID
SOUTHWESTERLY l.INE or THE \\'OOSTER CANAL; THENCE N. 70° 25' 20 .. ·w. ALONG SAID LAST
rvtENTIONED LINE 396.11 FEET OT Tl-IE POINT OF BEGINNING. BEING A PORTION OF RANCHO
RINCON DE SAN FRANCISQUITO. CONTAINING l.939 ACRES, MORE OR LESS.
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29
1
LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
LICENSE AGREEMENT
BETWEEN
CITY OF PALO ALTO AND
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
This License Agreement (this “Agreement”), dated as of _________________, 201___(the
“Effective Date”), is entered into by the CITY OF PALO ALTO, a California chartered municipal
corporation (the “City”), and GTE MOBILENET OF CALIFORNIA LIMITED PARTNERSHIP dba
VERIZON WIRELESS (the “Licensee”)(individually,a “Party”; collectively,the “Parties”), in
reference to the following:
RECITALS:
A.The City owns real property located at 1082 Colorado Avenue, Palo Alto, California
94303,commonly referred to as the Sterling Canal (the “Property”),as more particularly described
in Exhibit B,attached hereto and made a part hereof.
B.The Property is not located in the public right-of-way and the City is licensing the
Property in its proprietary capacity;thus neither 47 U.S.C. Sections 253, 332(c)(7) or 1455(a), the
FCC rules promulgated thereunder, nor California Government Code Section 65964.1 applies to
this License Agreement or the City’s decision to lease the Property to Licensee.
C.Pacific Gas and Electric Company (“PG&E”), by an easement agreement with the
City,has installed and operates a transmission tower (the “Tower”)and electric transmission lines
adjacent to the Property.
D.The City and Pacific Bell Telephone Company dba AT&T (“AT&T”)entered into a
License Agreement in December 2000, for the use of a 308-square foot portion of the Property
(the “AT&T Space”), to operate a communications site within the footprint of the Tower adjacent
to and contiguous with the Sterling Canal.
E.The City and Metro PCS, California/Florida Inc., a Delaware corporation, d/b/a
Metro PCS entered into a License Agreement in October 2005, for the use of a 308 square foot
portion of the Property, to operate a communications site within twenty (20) feet from the
footprint of the Tower adjacent to and contiguous with the Sterling Canal. That agreement expired
on March 31, 2015.
F.The Licensee desires to use that 308-square foot portion of the Property (the
“Premises”), shown and described more particularly in Exhibit C -page C-1 and C-2, attached
hereto and made a part hereof,to operate a communications site twenty (20) feet from the
footprint of the Tower shown and described in Exhibit C -page A-2, A-3 and A-4 adjacent to and
contiguous with the Sterling Canal. The Licensee intends to install certain antennas and cables on
the Tower pursuant to a license Agreement with PG&E (the “PG&E License”). The antennas will be
2
LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
connected to equipment cabinets to be located on the Premises pursuant to the terms and
conditions of this Agreement in order to operate communications facilities (“WCFs”). The
Premises does not overlap with the AT&T Space.
G.The City desires to permit the Licensee’s use of the Premises under the covenants,
terms and conditions (the “Provisions”) set forth below.
AGREEMENT:
In consideration of Recitals A through G, which are made a substantive part of this
Agreement, and the following Provisions, the Parties agree,as follows:
Section 1.0 PREMISES
1.1 Subject to the Provisions hereof, the City grants to the Licensee a right to use the Premises.
The Licensee shall construct certain WCFs,consisting of an equipment shelter for
placement of the Licensee’s base station equipment, a back-up emergency power
generator and/or batteries and coaxial cables and other conduits connecting the Licensee’s
equipment shelter to the antennas on the Tower.
1.2 The City grants to the Licensee a right to the non-exclusive use of a portion of the Property
for the sole purpose of operating cabling and associated hardware,including utility runs
incidental to the WCFs between the WCFs and the Tower, together with the right to ingress
and egress thereon.
1.3 In addition to the Licensee’s use of the Premises, the City grants to the Licensee a non-
excusive temporary construction easement (the “TCE”)in and through that portion of the
Property, described at Exhibit B, for the sole purpose of affording the Licensee with access
to the Premises. The term of the TCE is coterminous with this Agreement; without further
notice by the City the TCE shall terminate at the same time as this Agreement.
Section 2.0 PURPOSE
2.1 The purpose of this Agreement is to provide for the continuation of the uninterrupted
service, replacement, maintenance, modification, upgrade and operation of the WCFs at
the Premises at the Licensee’s sole cost and expense.
Section 3.0 ALLOWABLE SERVICES AND USES
3.1 Permitted Uses. The Licensee may use the Premises to provide the following:
A.During the Term, the Licensee shall use the Premises only for the purpose of
installing, removing, replacing, maintaining, modifying, upgrading and operating, at
its sole cost and expense, the WCFs for furnishing telephone, radio and
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LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
telecommunications services to its customers. The WCFs consist of radio,
telephone and communications equipment and antennas installed and used to send
and receive radio signals to and from cellular telephones and other mobile devices
and to connect those signals to radio, telephone or other wireless communications
facilities either directly, by means of cables or indirectly, by means of transmitting
and receiving facilities (including microwave antennas and GPS antenna) located at
the Premises.
B.The Licensee’s uses of the Property and the Premises shall be subject to the
following terms and conditions:
1.The Licensee’s use of the Property is non-exclusive, and its use of the
Premises is exclusive.
2. The Licensee’s operations at the Premises shall comply at all times with all
applicable laws, rules and regulations regarding electromagnetic emissions.
The Licensee shall conduct reasonably necessary tests after its WCFs are
constructed at the Premises to ensure that its WCFs are in compliance with
all applicable laws, rules and regulations regarding electromagnetic
emissions. The tests shall be conducted by a licensed professional engineer,
and the written results of such tests shall be delivered to the City’s Real
Property Manager consistent with section 16.2 of this Agreement.
3.In constructing and operating its WCFs, the Licensee shall comply with and
include the following items in its plans and operating procedures for its
facilities:
a.The Licensee shall not permit any unreasonable odors, smoke, dust, gas,
substances, noise or vibrations to emanate from the Premises, nor take any
action which would constitute a nuisance or would disturb, obstruct or
endanger any other occupants or use of the site or interfere with their use
of their respective premises.
b.The Licensee shall operate the Premises in a manner that will not cause
interference to the City as of the Effective Date, including,but not limited to,
any irrigation system and landscaping installed by the City. Prior to any
construction at the Premises, the Licensee shall coordinate its placement of
its WCFs to ensure that placement does not conflict with the City’s irrigation
systems and landscaping. The Licensee shall repair any damage to the City’s
property caused by the construction of its WCFs, including,but not limited
to,any damage caused to the City’s irrigation system and landscaping.
c.The Licensee’s operations shall at all times be conducted in compliance in all
applicable federal, state and local laws, rules and regulations, including,but
4
LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
not limited to,laws and regulations regarding environmental and
occupational safety and all Federal Communications Commission
requirements. The Licensee shall submit all required hazardous materials
filings (if required) and obtain all required approvals prior to installing its
batteries or any other hazardous materials.
d.Prior to engaging in any new construction at the Premises, the Licensee shall
provide the City with evidence that all permits required from any agencies
having pre-construction jurisdiction over the proposed development,
including but not limited to building permits and street opening permits,
have been authorized and are available.
e.The Licensee shall post a visible, prominent notice on the Premises listing its
emergency procedures, warnings,and emergency contacts.
f.The Licensee shall maintain all improvements that it places at the Property,
including the fence, structure and the equipment.
g.The Licensee’s service lights in the Premises shall remain off unless its
service personnel are in the area and require the lights to be turned on to
conduct their operation.
3.2 Restricted Uses. The above-referenced services and uses shall be the only services and
uses permitted at, on,or from the Premises. The Licensee shall not use the Premises for
any other purpose,or to engage in, or permit, any other business activity within or from
the Premises.
Section 4.0 TERM; EXTENSION OF TERM
4.1 This Agreement shall be effective and binding on the Parties as of the Effective Date. The
initial term (“Term”) of this Agreement shall commence on the earlier to occur of (a) the
first day of the month in which building permits for the WCFs are issued, or (b) nine (9)
months after the date of full execution of this Agreement (the “Commencement Date”),
and end on the date that is ten (10) years thereafter (the “Expiration Date”).
4.2 The Term will be extended automatically for two (2) additional terms of five (5) years each
(each an “Extension Term”), unless either Party provides the other Party with written
notice of intent not to extend the then-current term. In order to be effective, such notice
must be delivered, consistent with Section 16 of this Agreement,no later than three (3)
months prior to the expiration of the then-current term.
5
LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
Section 5.0 LICENSE FEE; PAYMENT PROCEDURE; LATE PAYMENT FEE
5.1 Fees.
A.License Fees. Licensee shall pay the City a license fee (the “License Fee”) of Twenty-
Four Thousand Dollars ($24,000.00)per year (adjusted annually as provided herein)
as consideration for Licensee’s use of the Premises, which shall become due and
payable in accordance with the payment procedures set forth in section 5.3 below.
The License Fee will increase by three percent (3.0%)each contract year.
B.Telecommunication Application Processing Fee. The Licensee shall pay a one-time
fee of Two Thousand Three Hundred Eighty-Nine Dollars ($2,389.00) (the
“Application Fee”) to the City. The Application Fee shall be due within sixty (60)
days after the Effective Date. In the event that the Licensee does not pay the
Application Fee on or before the date due,the Licensee shall be deemed in breach
of this Agreement and the City may terminate this Agreement according to Section
14.1.A.1 below.
C.Failure to pay. The Licensee shall be deemed in default and subject to Termination
provisions of section 14 of this Agreement and/or Late Payment Fee provisions of
section 5.4 if the applicable Application Fee is not paid in accordance with section
5.1(B) and/or the License Fee is not paid within fifteen (15) days following
Licensee’s receipt of notice from the City that such Application Fee or License Fee is
past the due dates set forth in Section 5.3 below.
5.2 [Intentionally omitted].
5.3 Payment Procedures
A.License Fee Payment Schedule.
1.First Year. The License Fee for the first year shall be due and payable to the City
within sixty (60) days after the Commencement Date.
2.Subsequent Years. For all subsequent contract years,the License Fee shall be
due and payable on the anniversary of the Commencement Date.In the event
this Agreement expires or is otherwise terminated, the City will not return any
portion of the License Fee.
B.Payment Delivery. The License Fee shall be made payable by check or other
negotiable instrument to “CITY OF PALO ALTO” and delivered to or at the Revenue
Collections Division, 250 Hamilton Avenue, PO Box 10250, Palo Alto, CA 94303. The
designated place of payment may be changed at any time by the City upon thirty
(30) days’prior written notice to the Licensee.
6
LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
C.No Waiver. The Licensee agrees that the City’s acceptance of any applicable ‘late
paid’ or ‘incorrect amount’ License Fee shall not constitute a waiver by the City of
any default or breach and shall not bar the City from enforcing its right to collect
the Late Payment Fee or exercising any other remedy provided in this Agreement or
by applicable law.
D.Rental Documentation. The City hereby agrees to provide to Licensee a complete
and fully executed Internal Revenue Service Form W-9 upon execution of this
Agreement, and from time to time during the Term of this Agreement upon
Licensee’s written request.
5.4 Late Payment Fee. If the City does not receive payment of the License Fee or the
Application Fee within five (5) days of the applicable fee’s date due, or payment of any
other sum then due and payable by the Licensee, then the Licensee shall pay a fee equal to
two percent (2%) of the applicable fee then due and payable yet remaining unpaid (the
“Late Payment Fee”) plus an administrative fee of forty-five dollars ($45.00) or any fee
established by the Municipal Fee Schedule, whichever fee is higher (the “Administrative
Fee”). The total sum of all fees (as applicable, the License Fee, the Application Fee, the
Late Payment Fee, the Administrative Fee or the Overhead Fee) then due and owning shall
become immediately due and payable to the City.
A.The City’s acceptance of any fee or fees due and payable by the Licensee that is or
are paid late shall in no event constitute a waiver of the Licensee’s default with
respect to such overdue payment, nor shall the Licensee’s failure to pay bar the City
from exercising any other rights and remedies granted hereunder or by any
provision of law.
Section 6.0 MAINTENANCE AND REPAIR
6.1 WCF Maintenance and Repairs. The Licensee,at its sole cost and expense, shall perform its
WCF’s maintenance and repairs, including, without limitation,all painting and all
maintenance of landscaped areas necessary to keep the Premises and all improvements
thereto in first-class order, repair and condition, and shall keep the Premises in a safe,
clean, wholesome, and sanitary condition to the complete satisfaction of the City, and in
compliance with all applicable laws, during the Term.
6.2 Other Maintenance and Repairs.
A.The Licensee shall maintain, at its expense, all equipment, trade fixtures and any
other improvements it installs at the Premises that are required for the
maintenance and operation of the Premises. The Licensee waives the right to make
repairs at the expense of the City and the benefit of the provisions of Sections 1941
and 1942 of the California Civil Code relating thereto; and further agrees that if and
7
LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
when any repairs, alterations, additions or betterments shall be made by the
Licensee as required by this Agreement, the Licensee shall promptly pay for all labor
done or materials furnished and shall keep the Premises free and clear of any lien or
encumbrance of any kind whatsoever.
B.If the Licensee fails to commence any repairs or perform any maintenance work, for
which it is responsible hereunder, within thirty (30) days of receipt of written notice
from the City, the City shall have the option to make the repairs and invoice the
Licensee for those costs, and the Licensee shall within ten (10) days of receipt of a
bill therefor from the Real Property Manager, reimburse the City for the cost of
such repairs, which payment shall include a fifteen percent (15%) administrative
overhead fee (the “Overhead Fee”). The City’s performance of such repairs or
performance of maintenance shall in no event be construed as a waiver of the duty
of the Licensee to make repairs or perform maintenance as required by this
Agreement.
Section 7.0 CONSTRUCTION AND/OR ALTERATION BY THE LICENSEE
7.1 City’s Consent.
A.WCFs and other facilities shall not be constructed, erected, or made within the
Premises without the prior written consent of the City (for example, by action of the
City Council,if required by City ordinances, resolutions, policies, rules or regulations
or otherwise by the City’s City Manager or designee), which consent shall not be
unreasonably withheld. The City shall be deemed to have approved any
construction if the City, acting by the Real Property Manager, does not provide the
basis, in writing, of the disapproval or approval within thirty (30) days after the
Licensee’s submission of such request for consent; provided, however, the Real
Property Manager will use reasonable efforts to act upon the request for consent
within thirty (30) days of receipt thereof.
B.The Licensee shall have the right to construct the Premises (including the base
station radio equipment) in approximately the configuration shown on the plans,
attached at Exhibit C (subject to all necessary architectural review, zoning approvals
and building permits). Any conditions relating to the manner, method, design, and
construction of the structures, improvements, or facilities established by the City
shall be conditions of this Section as though originally stated herein.
C.The Licensee may replace, substitute or modify any part of the WCFs without the
City’s consent provided that such replacements, substitutions and modifications are
contained within the Licensee’s equipment enclosure or do not materially alter the
size or weight of the Licensee’s improvements at the Premises and provided that
the Licensee complies with applicable City ordinances, resolutions, policies, rules
and regulations relating to zoning approvals and building permits applicable to the
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LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
WCFs. The Parties acknowledge that City ordinances, resolutions, policies, rules and
regulations applicable to the WCFs do not generally require architectural review,
zoning approvals or building permits, for replacements, substitutions or
modifications that do not expand the size of the Premises.
7.2 Trade Fixtures. The Licensee may, at any time and at its sole cost and expense, install and
place business fixtures and equipment within any structure at the Premises, provided that
written notice of such fixtures and their installation have been provided to the City’s Real
Property Manager.
7.3 Strict Compliance with Plans and Specifications. All improvements constructed by the
Licensee at the Premises shall be constructed in an efficient and workmanlike manner and
in strict compliance with detailed plans and specifications approved by the City (by action
of the City Council,if required by City ordinances, resolutions,policies, rules or regulations
or otherwise by decision of the City’s City Manager or designee), and applicable City
ordinances,resolutions, policies, rules or regulations and these plans,attached at Exhibit C,
have been approved by the City.
7.4 Building Permit Final Inspection. Upon completion of construction of any building,
structure or facility, the Licensee shall submit to the Real Property Manager, a copy of the
building permit issued to the Licensee,which shows the final inspection has been
completed and approved, in writing, by the City.
Section 8.0 OWNERSHIP OF IMPROVEMENTS
8.1 Improvements to Real Property. All improvements constructed, erected or installed at the
Premises must be free and clear of all liens, claims, or liability for labor or material. Upon
the expiration or earlier termination of this Agreement, the City at its option may require
the Licensee to remove its improvements including, but not limited to, the foundations,
and may further require the Licensee to repair to the satisfaction of the City any damage to
the Premises caused by such removal within ninety (90) days after the Licensee’s receipt of
the City’s request that the Licensee shall remove such improvements; provided, that the
Licensee may be required to remove underground conduit installed by it during the Term
and provided that the Licensee receives the City’s request to remove such improvements
within fifteen (15) days from the expiration or earlier termination of this Agreement.
8.2 Personal Property. Title to all equipment, furniture, furnishings and trade fixtures placed
by the Licensee at the Premises shall remain the property of the Licensee, and
replacements, substitutions and modifications thereof may be made by the Licensee during
the Term. The Licensee will remove all of its equipment, fixtures and furnishings within
ninety (90) days after the expiration or earlier termination of this Agreement, provided that
the Licensee shall repair to the reasonable satisfaction of the Real Property Manager any
damage to the Premises and improvements caused by such removal.
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A.The City acknowledges the Licensee may enter into financing arrangements,
including issuance of promissory notes and financial and security agreements for
the financing of the Licensee’s equipment (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, City subject to Section 7.1
requirements consents to the assignment of rights in the Collateral,disclaims any
interest in the Collateral, as fixtures or otherwise,and agrees the Collateral shall be
exempt from execution, foreclosure, sale, levy, attachment, or distress for any
license fee or any other fee due or to become due and payable to the City,and such
Collateral may be removed at any time without recourse to legal proceedings.
Section 9.0 “AS BUILT”PLANS
9.1 Upon completion of any major The Licensee-constructed improvements, the Licensee shall
provide the Real Property Manager with a complete set of reproducible "as built plans,"
reflecting the actual construction at the Premises.
Section 10.0 DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS
10.1 If the Premises are, in whole or in part, damaged or destroyed,then:
A.If wholly damaged or destroyed so that the Premises are rendered permanently
unusable for reconstruction of a WCF site, this Agreement shall terminate and the
Licensee shall be liable for the License Fee up to the time of such damage or
destruction and any License Fee pre-paid by the Licensee shall be returned; or
B.If only partially damaged or destroyed and still usable for construction or use as a
WCF, the Licensee shall, within a reasonable time, not to exceed thirty (30) days
from the date of the Licensee’s receipt of notice of the damage or destruction,
notify the City, in writing, of its intent to either:
1.terminate this Agreement, in which case Licensee shall be liable for the
License Fee only up to the time of City’s receipt of Licensee’s notice and any
License Fee prepaid by the Licensee applicable to the period after receipt of
such notice shall be returned to the Licensee, or
2.continue operating under this Agreement, in which case, the Licensee within
a reasonable time shall repair the Premises and the WCFs, with a
proportional and reasonable reduction of the License Fee from the date
notice is received by the City until the date the Premises and the WCFs are
usable.
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Section 11.0 UTILITIES CHARGES
11.1 Payment Required. The Licensee shall pay, prior to delinquency, all charges for utilities
goods and services delivered or supplied to the Premises by the City at the rate charged by
the City’s Department of Utilities and/or Department of Public Works or any other City
department.
Section 12.0 INSURANCE
12.1 General. Unless the City’s insurance risk manager agrees, in writing, to accept the
Licensee’s self-insurance in fulfillment of these insurance requirements, the Licensee shall
obtain and maintain at all times during the Initial Term and the Extension Term, if any,
commercial general liability insurance and commercial automotive liability insurance
protecting the Licensee in an amount of two million dollars ($2,000,000) per occurrence
(combined single limit), including death, bodily injury and property damage, and not less
than two million dollars ($2,000,000) aggregate, for each personal injury or death liability,
products-completed operations, and each accident. Such insurance, pursuant to ISO Form
No. GC2010 or equivalent or other commercially reasonable form acceptable to the City’s
insurance risk manager, shall include the City, its council members, officers, employees,
and agents as an additional insured as respects liability arising out of the Licensee’s
negligent performance of any Work that it performs or may be authorized to perform
under this Agreement. Coverage shall be provided in accordance with the limits specified
and the Provisions indicated herein. Claims-made policies are not acceptable. Such limits
may be satisfied by a combination of primary and umbrella policies. Licensee will make
best efforts to notify the City within 30 days of receipt of notice from its insurer regarding
any cancellation or termination of any insurance policies. The Licensee shall be responsible
for notifying the City of such change or cancellation.
12.2 Certificates. The Licensee shall file the required original certificate(s) of insurance with
blanket additional insured endorsements with the City’s insurance risk manager, with a
copy to the Utilities Director, subject to the City’s prior approval. The certificate(s) shall
clearly state or provide:
A.Policy number; name of insurance company; name, address and telephone number
of the agent or authorized representative; name and address of insured; project
name and address; policy expiration date; and specific required coverage amounts;
B.With the certificate(s), the Licensee shall provide prior written notice of
cancellation to the City that is unqualified as to the acceptance of liability for failure
to notify the City; and
C.That the Licensee’s required insurance is primary as respects any other valid or
collectible insurance that the City may possess, including any self-insured retentions
the City may have, and any other insurance the City does possess shall be
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considered excess insurance only and shall not be required to contribute with this
insurance.
12.3 Notice. The certificate(s) of insurance with blanket additional insured endorsements and
notices shall be mailed to: (a) City of Palo Alto, Utilities Department, P.O. Box 10250, Palo
Alto, CA 94303, Attn.: Electrical Engineering Manager; and (b) City of Palo Alto, Public
Works Department, P.O. Box 10250, Palo Alto, CA 94303, Attn.: Supervising Project
Engineer.
12.4 Other Coverage. Unless the City permits the Licensee to self-insure, the Licensee shall
obtain and maintain at all times during the Initial Term and the Extension Term, if any,
statutory workers’ compensation and employer’s liability insurance or qualify as a self-
insurer in an amount not less than one hundred thousand dollars ($100,000) or such other
amounts as required by Law, and furnish the City with a certificate showing proof of such
coverage.
12.5 Insurance Rating. Any insurance provider of the Licensee shall be admitted and authorized
to do business in California and shall be rated at least A-:VII in Best’s Key Rating Guide.
Insurance certificates issued by non-admitted insurance companies will not be acceptable
to the City.
12.6 Deductibles. Prior to the execution of this Agreement, any self-insured retentions must be
stated on the certificate(s) of insurance, which shall be sent to the City, and any
deductibles shall be reported, in writing, to the City’s insurance risk manager.
Notwithstanding the foregoing, the immediately preceding sentence shall not apply to
Licensee so long as Licensee maintains a net worth of no less than $100 million, as
currently evidenced by the net worth letter attached hereto as Exhibit “D” and made a part
hereof. “Cross liability”, “severability of interest” or “separation of insureds” clauses shall
be made a part of the commercial general liability and commercial automobile liability
policies.
Section 13.0 ASSIGNING, SUBLETTING, AND ENCUMBRANCES
13.1 This Agreement conveys no property rights in the Property or the Premises except as
specifically provided herein to the Licensee. Except as provided in Section 8.2, any
attempted mortgage, pledge, hypothecation, encumbrance, transfer, sublicense, or
assignment (collectively,an “Encumbrance”) of the Licensee’s interest in the Premises, or
any part or portion thereof, shall be void and of no effect.
13.2 The Licensee shall have the right to assign its rights under this Agreement,in whole or in
part,to any of its parent companies,subsidiaries, affiliates,or successor legal entities,or to
any entity acquiring substantially all the assets of the Licensee in the market defined by the
Federal Communications Commission in which the Property is located,or as otherwise
permitted by applicable law. As used herein, “affiliates” means an entity which is
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controlled by, controls,or is under common control with,Licensee.Licensee shall deliver
written notification of any such assignment within ten (10) days following the assignment,
and shall further provide City written documentation showing that any such assignee has
affirmatively assumed all the relevant obligations under this Agreement, arising from and
after the date of such assignment with respect to the portion of the rights assigned.As to
other parties, this Agreement may not be sold, assigned or transferred without the written
consent of the other Party, which consent will not be unreasonably withheld, delayed or
conditioned. This Agreement is personal to the Licensee; any unrelated third party shall
apply for a new agreement with the City upon the expiration or earlier termination of this
Agreement.
Section 14.0 TERMINATION OF AGREEMENT
14.1 Termination by the City.
A.The City may terminate this Agreement upon the occurrence of any of the following
events:
1.Upon a breach by the Licensee regarding any Provision, which the Licensee
has not commenced to cure within the time specified, or if no time period is
specified, within thirty (30) days of receipt of written notice of default from
the City.
2.If the Licensee files a petition under any chapter of the U.S. Bankruptcy
Code, (or any similar petition under any insolvency law of any jurisdiction),
or has filed against it any such petition which is not dismissed within sixty
(60) days of the date filed,or if the Licensee proposes any dissolution,
liquidation or composition, with creditors, makes an assignment for the
benefit of its creditors, or if a receiver, trustee, custodian or similar agent is
appointed with respect to or takes possession of any material portion of the
property or business of the Licensee.
3.If the City determines, in its sole and reasonable discretion, that it requires
the Property or Premises or any portion thereof for security reasons due to
federal, state or local law or regulation related to the design, maintenance
or protection of critical infrastructure, or as otherwise may be necessary to
protect the safety of City’s critical infrastructure facilities. City agrees to
provide Licensee with twelve (12) months advanced written notice of any
such need for property, except in cases where federal, state or local law or
regulation require the City to act sooner. City will make a good faith effort
to work with Licensee to identify an alternative location reasonably
acceptable to the Parties and Licensee shall be allowed, if necessary, in
Licensee’s reasonable determination, to place a temporary installation on
the Property in a mutually agreeable location until the earlier to occur of (a)
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Licensee’s WCF on such alternative location is operational, or (b) the
expiration of twenty-four (24) months after the date Licensee first installed
such temporary installation.
B.Upon the occurrence of any of the events described in this section, the City may:
1.At the City’s sole option, cure any such default by performance of any act,
including payment of money, and the cost thereof, plus reasonable
administrative cost, shall become immediately due and payable by the
Licensee to the City;
2.Seek an action or suit in equity to enjoin any acts or things which may be
unlawful or in violation of the rights of the City;
3.Seek a mandamus or other suit, action or proceeding at law or in equity to
enforce its rights against the Licensee and any of its officers, agents, and
employees and its assigns, and to compel it to perform and carry out its
duties and obligations under the law and its covenants and agreements with
the City, as provided herein; or
4.Pursue any other remedy available by law or specifically provided in this
Agreement.
C.Notwithstanding anything to the contrary contained herein however, in the event
of a default or breach which cannot reasonably be cured within the specified period
(or if no period is specified within thirty (30) days), the Licensee shall have such
additional period of time as reasonably determined by City to cure any default or
breach of this Agreement. Each and all of the remedies given to the City hereunder
or by any law now or hereafter enacted, are cumulative and the exercise of one
right or remedy shall not impair the right to the City to exercise any or all other
remedies. In case any suit, action or proceeding to enforce any right or exercise any
remedy shall be brought or taken and then discontinued or abandoned, then, and in
every such case, the Parties shall be restored to its and their former position and
rights and remedies as if no such suit, action or proceedings had been brought or
taken.
14.2 Termination of this Agreement by the Licensee.
A.The Licensee may terminate this Agreement at any time upon 180 days prior
written notice to the City; provided that in the event of such early termination, no
portion of the then current year's License Fee shall be refunded to the Licensee if
that fee has already been paid to the City but if not already paid to the City then the
Licensee shall only be required to pay the License Fee for the period ending on the
effective date of such termination.The right of the City to collect the License Fee
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from the Licensee shall survive the early termination of this Agreement.
B.If the Licensee and PG&E do not enter into the PG&E License or the PG&E License
expires or terminates, the Licensee may terminate this Agreement, which
termination shall be effective upon the receipt of notice of termination delivered to
City.
Section 15.0 RESERVED
Section 16.0 NOTICES
16.1 All notices, statements, demands, requests, consents, approvals, authorizations, offers,
agreements, appointments or designations hereunder to be given by either Party to the
other, shall be in writing and shall be sufficiently given and served upon the other Party if
(1) personally served on the City, (2) sent by United States Postal Service certified mail,
postage, prepaid, or (3) sent by express delivery service. Personal service shall include,
without limitation, service by delivery service. Delivery of notices properly addressed shall
be deemed complete when the notice is physically delivered or upon refusal of delivery by
the Real Property Manager or the City Clerk or by the Licensee.
16.2 All notices issued pursuant to this Agreement shall be addressed as set forth below or as
either Party may subsequently designate by written notice.
TO:THE CITY TO:THE LICENSEE
Real Property Manager GTE Mobilnet of California Limited Partnership,
CITY of Palo Alto d/b/a Verizon Wireless
P.O.Box 10250 180 Washington Valley Road
250 Hamilton Avenue Bedminster, New Jersey 07921
Palo Alto, CA 94303 Attention: Network Real Estate
FAX: (650) 329-2468 (Site: Louis & Colorado)
With a copy to:
City Clerk, City of Palo Alto GTE Mobilnet of California Limited Partnership,
P.O. Box 10250 d/b/a Verizon Wireless
250 Hamilton Avenue 2785 Mitchell Drive
Palo Alto, CA 94303 Walnut Creek, CA 94598
FAX: (650) 329-2646 Attention: Property Management
And
City Attorney, City of Palo Alto
P.O. Box 10250
250 Hamilton Avenue
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Palo Alto CA 94303
FAX: (650) 329-2646
Section 17.0 ATTACHMENTS TO AGREEMENT
17.1 This Agreement includes the following exhibits, which are attached hereto and by this
reference incorporated into this Agreement:
Exhibit A –General Conditions
Exhibit B -Description of Licensed Property
Exhibit C –Premises-Equipment Site and Tower
Exhibit D –Net Worth Letter
17.2 Exhibit D (GENERAL CONDITIONS) contains standard City general conditions applicable to
this Agreement; in the event of a conflict between the foregoing clauses in this Agreement
and the provisions of Exhibit D, the foregoing clauses shall take precedence.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
THE CITY:THE LICENSEE:
GTE Mobilnet of California Limited Partnership,
d/b/a Verizon Wireless
By: Cellco Partnership
Its: General Partner
________________________________________________________
City Manager
Name:
Its:
APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:RECOMMENDED FOR APPROVAL:
________________________________________________________
City Clerk Real Property Manager
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EXHIBIT A
GENERAL CONDITIONS
1.GENERAL:
“City” also shall mean the Council of the City of Palo Alto.
Clauses in this Agreement refer to specific officers or employees of the City. Should these
positions be eliminated or the title changes, it is understood and agreed that such references shall
be considered to be to the new title for renamed positions or to the replacement official
designated with the responsibilities of any eliminated position. Any reference to a City officer or
employee includes a reference to the officer's or employee's designated representative.
2.PARTNERSHIP/CORPORATE AUTHORITY & LIABILITY
If the Licensee is a partnership, each general or limited partner:
A.represents and warrants that the partnership is a duly qualified partnership
authorized to do business in Santa Clara County; and
B.shall be jointly and severally liable for performance of the terms and provisions of
this Agreement.
If the Licensee is a corporation, each individual signing this Agreement on behalf of the Licensee
represents and warrants that;
A.he is duly authorized to do so in accordance with an adopted Resolution of the
Licensee's Board of Directors or in accordance with the Bylaws of the corporation;
and
B.The Licensee is a duly qualified corporation authorized to do business in State of
California.
3.TIME
Time is of the essence of this Agreement.
4.SIGNS
The Licensee agrees not to construct, maintain, or allow any sign to be placed upon the Premises
except as may be approved by the City. Unapproved signs, banners, etc., may be removed by the
City.
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5.PERMITS AND LICENSES
The Licensee shall be required to obtain any and all permits and/or licenses which may be required
in connection with the operation of, and any approved Licensee construction upon, the Premises
set forth in this Agreement.
6.MECHANICS LIENS
The Licensee shall at all times indemnify and save the City harmless from all claims for labor or
materials supplied to the extent arising from the Licensee’s construction, repair, alteration, or
installation of structures, improvements, equipment, or facilities within the Premises, and from
the cost of defending against such claims, including reasonable attorney fees. The Licensee shall
provide the City with at least ten (10) days written notice prior to commencement of any work
which could give rise to a mechanics lien or stop notice. Upon at least forty-eight (48) hours’
notice to the Licensee, the City reserves the right to enter upon the Premises for the purposes of
posting Notices of Non-Responsibility; the Licensee may accompany the City’s representative
during any such entry.
In the event a lien is imposed upon the Premises as a result of such construction, repair, alteration,
or installation by the Licensee, the Licensee shall either:
A.Record a valid release of lien; or
B.Deposit sufficient cash with the City to cover the amount of the claim on the lien in
question and authorize payment to the extent of said deposit to any subsequent
judgment holder that may arise as a matter of public record from litigation with
regard to lienholder claim; or
C.Procure and record a bond in accordance with Section 8424 of the Civil Code, which
releases the Premises from the claim of the lien from any action brought to
foreclose the lien.
Should the Licensee fail to accomplish one of the three optional actions within the statutory
period after the filing of such a lien, Licensee shall be deemed in breach of this Agreement and the
City may terminate this Agreement according to the provisions of Section 14 of the Agreement.
7.ORGANIZATION AND RULES OF CONSTRUCTION
Words of the masculine gender shall be deemed and construed to include correlative words of the
feminine and neuter genders. Unless the context otherwise indicates, words importing the
singular number shall include the plural number and vice versa, and words importing persons shall
include corporations and associations, including public bodies, as well as natural persons.
The terms "hereby", "hereof", "hereto", "herein", "hereunder" and any similar terms, as used in
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this Agreement, refer to this Agreement.
All the terms and provisions hereof shall be construed to effectuate the purposes set forth herein,
and to sustain the validity hereof.
The titles and headings of the sections of this Agreement have been inserted for convenience of
reference only, are not to be considered a part hereof and shall not in any way modify or restrict
any of the terms of provisions hereof or be considered or given any effect in construing this
Agreement or any provision hereof in ascertaining intent, if any question of intent shall arise.
8.AMENDMENTS
This Agreement sets forth all of the agreements and understandings of the Parties and any
modifications must be written and properly executed by both Parties.
9.UNLAWFUL USE
The Licensee agrees that no improvements shall be erected, placed upon, operated, nor
maintained within the Premises, nor any business conducted or carried on therein or therefrom, in
violation of the terms of this Agreement, or of any regulation, order of law, statute, or ordinance
of a governmental agency having jurisdiction over the Licensee’s use of the Premises.
10.NONDISCRIMINATION
The Licensee and its employees shall not discriminate against any person because of race, color,
religion, ancestry, age, sex, national origin, disability, sexual preference, housing status, marital
status, familial status, weight or height of such person. The Licensee shall not discriminate against
any employee or applicant for employment because of race, color, religion, ancestry, sex, age,
national origin, disability, sexual preference, housing status, marital status, familial status, weight
or height of such person. The Licensee covenants that in all of the activities the licensee conducts
or allows to be conducted on the Premises, the Licensee shall accept and enforce the statements
of policy set forth in Palo Alto Municipal Code Section 9.73.010 regarding human rights and
nondiscrimination. If the Licensee is found in violation of the provisions of Palo Alto Municipal
Code Section 9.73.010 by a court or administrative body of competent jurisdiction or in violation
of the nondiscrimination provision of the State of California Fair Employment Practices Act or
similar provisions of federal law or executive order in the conduct of its activities under this
Agreement by the State of California Fair Employment Practices Commission or the equivalent
federal agency or officer, it shall thereby be found in default under this Agreement, and such
default shall constitute a material breach of this Agreement. The City shall then have the power to
cancel or suspend this Agreement in whole or part.
11.INSPECTION
The City’s employees and agents shall have the right at all reasonable times to inspect the
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Premises to determine if the provisions of this Agreement are being complied with provided that
reasonable prior written notice has been provided to the Licensee,according to Section 16 of the
Agreement, to allow the Licensee to accompany any such inspection. Notwithstanding the
foregoing, the City shall not, and shall not have the right to, touch or otherwise interfere with any
of the licensee’s equipment, fixtures, or improvements located within the Premises.
12.HOLD HARMLESS
The Licensee agrees to indemnify, hold harmless and defend the City,its officers, agents and
employees against any and all claims, liability, demands, damages and costs (including reasonable
attorneys' fees (collectively,the “Claims”) to the extent arising out of the negligence, recklessness
or willful misconduct of the Licensee except to the extent such Claims are caused by the
negligence, recklessness or willful misconduct of the City,its officers, agents, contractors and/or
employees.
13.TAXES AND ASSESSMENTS
This Agreement may create a possessory interest which is subject to the payment of taxes levied
on such interest. It is understood and agreed that all taxes and assessments (including but not
limited to the possessory interest tax) which become due and payable upon the Premises or upon
the Licensee’s fixtures, equipment, or other property installed or constructed thereon by the
Licensee, shall be the full responsibility of the Licensee and the Licensee shall pay the taxes and
assessments prior to delinquency.
14.SUCCESSORS IN INTEREST
Unless otherwise provided in this Agreement, the terms, covenants, and conditions contained
herein shall apply to and bind the heirs, successors, executors, administrators, and assigns of all
the Parties hereto.
15. CIRCUMSTANCES WHICH EXCUSE PERFORMANCE (FORCE MAJEURE)
If either Party hereto shall be delayed or prevented from the performance of any act required
hereunder by reason of acts of God, restrictive governmental laws or regulations, or other cause
without fault and beyond the control of the Party obligated (financial inability excepted),
performance of such act shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to the period of such delay.
16.PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this Agreement is determined to be invalid, void,
or unenforceable, by a court of competent jurisdiction, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be affected, impaired, or invalidated
thereby.
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17.WAIVER OF RIGHTS
The failure of the City or the Licensee to insist upon strict performance of any of the terms,
covenants, or conditions of this Agreement shall not be deemed a waiver of any right or remedy
that either Party may have, and shall not be deemed a waiver of the right to require strict
performance of all the terms, covenants, and conditions of the Agreement thereafter, nor a waiver
of any remedy for the subsequent breach or default of any term, covenant, or condition of this
Agreement.
18.COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT
In the event either Party commences legal action against the other Party claiming a breach or
default of this Agreement, the prevailing Party in such litigation shall be entitled to recover from
the other cost of sustaining such action, including reasonable attorney fees, as may be fixed by the
court.
19.RESERVATIONS TO CITY
The Premises are accepted "as is" and "where is" by the Licensee subject to any and all existing
easements, and Encumbrances. The City reserves the right to install, lay, construct, maintain,
repair, and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes, and
connections; water, oil, and gas pipelines; telephone and telegraph power lines; and the
applications and appurtenances necessary or convenient for connection therewith, in, over, upon,
through, across and along the Premises. Notwithstanding anything to the contrary contained
here, no right reserved by the City in this clause shall be so exercised as to interfere unreasonably
with the Licensee’s operation hereunder.
The City agrees that rights granted to third parties by reason of this clause shall contain provisions
that the surface of the land shall be restored as nearly as practicable to the original condition upon
the completion of any construction.
20.HOLDING OVER
In the event the Licensee shall continue in possession of the Premises after the expiration or
earlier termination of this Agreement, such possession shall not be considered a renewal of this
Agreement but a tenancy from month to month and shall be governed by the conditions, and
covenants contained in this Agreement.
21.CONDITION OF PREMISES UPON TERMINATION
Upon termination of this Agreement, except as otherwise agreed to herein, the Licensee shall
redeliver possession of the Premises to the City in substantially the same condition that existed
immediately prior to the Licensee’s occupancy, reasonable wear and tear, flood, earthquake, war,
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and any act of war or other casualty beyond the control of the Licensee excepted.
22.DISPOSITION OF ABANDONED PERSONAL PROPERTY
If the Licensee abandons the Premises, as defined by applicable law,or is dispossessed thereof by
process of law or otherwise, title to any personal property belonging to the Licensee and left on
the Premises for at least forty-five (45) days after such abandonment or dispossession shall be
deemed to have been transferred to the City. The City shall have the right to remove and to
dispose of such property without liability therefor to the Licensee or to any person claiming under
the Licensee, and shall have no need to account therefor.
23.RELINQUISMENT OF THE LICENSEE'S INTEREST UPON TERMINATION
Upon termination of this Agreement for any reason, including but not limited to termination
because of default by the Licensee, the Licensee shall, at the City’s request execute, acknowledge
and deliver to the City within thirty (30) days after receipt of written demand thereof, a written
document, signed by an official recognized under Section 313 of the California Corporations Code,
certifying the Licensee’s relinquishment of the Premises. Should the Licensee fail or refuse to
deliver the required certification to the City, and the Parties are not then in any dispute or in
disagreement regarding termination of this Agreement or an event of breach or default
hereunder, the City may prepare and record a notice reciting the failure of the Licensee to
execute, acknowledge and deliver such certification and the notice shall be conclusive evidence of
the termination of this Agreement, and of all right of the Licensee or those claiming under the
Licensee in and to the Premises.
24.CITY'S RIGHT TO RE-ENTER
The Licensee agrees to yield and peaceably deliver possession of the Premises to the City after the
removal period described in Section 8.1.
Upon giving written notice of termination to the Licensee, the City shall have the right to re-enter
and take possession of the Premises after the removal period described in Section 8.1.
Termination of the Agreement and re-entry of the Premises by the City shall in no way alter or
diminish any obligation of the Licensee under the Agreement terms and shall not constitute an
acceptance or surrender.
The Licensee waives any and all rights of redemption under any existing or future law or statute in
the event of eviction from or dispossession of the Premises for any reason or in the event the City
re-enters and lawfully re-takes possession of the Premises.
25.CONFLICT OF INTEREST
The Licensee warrants and covenants that no official or employee of the City nor any business
entity in which any official or employee of the City is interested: (1) has been employed or
22
LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
retained to solicit or aid in the procuring of this Agreement to Licensee’s reasonable knowledge; or
(2) will be employed in the performance of this Agreement without the divulgence of such fact to
the City. In the event that the City determines that the employment of any such official, employee
or business entity is not compatible with such official's or employee's duties as an official or
employee of the City, the Licensee upon request of the City shall immediately terminate such
employment. Violation of this provision constitutes a serious breach of this Agreement and the
City may terminate this Agreement as a result of such violation.
26.EMINENT DOMAIN
In the event the whole or any part of the Premises is condemned by a public entity in the lawful
exercise of its power of eminent domain, this Agreement shall cease as to the part condemned.
The date of such termination shall be the effective date of possession of the whole or part of the
Premises by the condemning public entity. The City shall be entitled to and shall receive all
compensation related to the condemnation of all or part of the Premises by the exercise of
eminent domain.
27.[Intentionally deleted.]
28.POST-ACQUISITION LICENSE
The Licensee hereby acknowledges that its occupancy of the Premises is subsequent to acquisition
of the Premises by the City. The Licensee further understands and agrees that as a post-
acquisition licensee, the Licensee is not eligible and furthermore waives all claims for relocation
assistance and benefits under federal, state or local law.
29.HAZARDOUS SUBSTANCES
A.Definition. As used herein, the term "Hazardous Materials" means any substance or
material which has been determined by any state, federal or local governmental
authority to be capable of posing risk of injury to health, safety, and property,
including petroleum and petroleum products and all of those materials and
substances designated as hazardous or toxic by the U.S. Environmental Protection
Agency, the California Water Quality Control Board, the U.S. Department of Labor,
the California Department of Industrial Relations, the California Department of
Health Services, the California Health and Welfare Agency in connection with the
Safe Water and Toxic Enforcement Act of 1986, the U.S. Department of
Transportation, the U.S. Department of Agriculture, the U.S. Consumer Product
Safety Commission, the U.S. Department of Health and Human Services, the U.S.
Food and Drug Administration or any other governmental agency now or hereafter
authorized to regulate materials and substances in the environment. Without
limiting the generality of the foregoing, the term "Hazardous Materials" shall
include all of those materials and substances defined as "toxic materials" in Sections
23
LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
66680 through 66685 of Title 22 of the California Code of Regulations, Division 4,
Chapter 20, as the same may be amended from time to time.
B.USE OF PREMISES. During the Term,the Licensee shall abide and be bound by all of
the following requirements:
1.The Licensee shall comply with all laws now or hereafter in effect relating to
the use of Hazardous Materials on, under or about the Premises, and the
Licensee shall not contaminate the Premises, or its subsurfaces, with any
Hazardous Materials in violation of applicable law.
2.The Licensee shall restrict its use of Hazardous Materials at the Premises to
those kinds of materials that are normally used in constructing and
operating communications facilities. Disposal of any Hazardous Materials at
the Premises are strictly prohibited. Storage of such permissible Hazardous
Materials is allowed only in accordance with all applicable laws now or
hereafter in effect. All safety and monitoring features of any storage
facilities shall be approved by the City’s Fire Chief in accordance with all
laws.
3.The Licensee shall be solely and fully responsible for the reporting of all
Hazardous Materials releases to the appropriate public agencies, when such
releases are caused by or result from the Licensee’s activities at the
Premises. The Licensee shall immediately inform the City of any release of
Hazardous Materials, whether or not the release is in quantities that would
otherwise be reportable to a public agency.
4.The Licensee shall be solely and fully responsible and liable for any such
releases which are caused by the Licensee at the Premises, or into the City’s
sewage or storm drainage systems. The Licensee shall take all necessary
precautions to prevent any of its Hazardous Materials from entering into
any storm or sewage drain system or from being released on the Premises.
The Licensee shall remove releases of its Hazardous Materials in accordance
with all laws. In addition to all other rights and remedies of the City
hereunder, if the release of Hazardous Materials caused by the Licensee is
not removed by the Licensee or the Licensee has not commenced removal
within ninety (90) days after the Licensee’s receipt of written notice from
the City or any other third party, the City may pay to have the same
removed and the Licensee shall reimburse the City for such costs within
thirty (30) days of the City’s demand for payment.
5.The City represents that it has no knowledge of any Hazardous Materials on
or under the Premises or the Property. The Licensee will not introduce or
use any such substance at the Premises in violation of any applicable law.
24
LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
The City shall indemnify and hold the Licensee harmless from and against all
claims, actions, damages, fines, liabilities, costs and expenses (including
attorneys’and expert fees) arising, directly or indirectly, from the deposit of
any Hazardous Materials on or under the Property or the Premises, unless
said materials were actually deposited on the Property or the Premises by
the Licensee. This obligation to indemnify the Licensee shall include
damages, costs and expenses incurred in connection with any investigation,
cleanup, remediation, monitoring, removal or restoration related to the
presence of any substance. This indemnity shall survive the expiration or
termination this Agreement. The Licensee shall indemnify and hold
harmless the City from and against all claims, actions, damage, fines,
liabilities, costs and expenses (including attorneys’ and expert fees) arising,
directly or indirectly, from the deposit by the Licensee of any Hazardous
Materials on or under the Property or the Premises during the Term,unless
said materials were actually deposited onto the Property or the Premises by
the City; provided however, that this indemnity shall not apply to claims,
actions, damages, fines, liabilities, costs and expenses, (including attorneys’
and expert fees) arising from acts or omissions by third parties. This
obligation to indemnify by either Party shall include damage, costs and
expenses incurred in connection with any investigation, cleanup,
remediation, monitoring, removal or restoration related to the presence of
any substance. This indemnity shall survive the expiration or termination of
this Agreement.
6.Each Party’s obligations under this Clause shall survive the expiration or
earlier termination of this Agreement.
30.ALL COVENANTS ARE CONDITIONS
All provisions of the Agreement are expressly made conditions.
31.PARTIES OF INTEREST
Nothing in this Agreement, expressed or implied, is intended to, or shall be construed to, confer
upon or to give to any person or party other than the City and the Licensee the covenants,
condition or stipulations hereof. All covenants, stipulations, promises and agreements in this
Agreement shall be for the sole and exclusive benefit of the City and the Licensee.
32.INTERFERENCE
The Licensee agrees to install equipment of the type and frequency which will not cause harmful
interference which is measurable in accordance with then-existing industry standards to any
equipment of the City or other licensees of the Property which existed on the Property prior to the
date this Agreement is executed by the Parties. In the event any after-installed the Licensee’s
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LICENSE AGREEMENT
GTE MOBILNET OF CALIFORNIA LIMITED PARTNERSHIP
D/B/A VERIZON WIRELESS
equipment causes such interference, and after the City has notified the Licensee in writing of such
interference, the Licensee will take all commercially reasonable steps necessary to correct and
eliminate the interference, including but not limited to, at the Licensee’s option, powering down
such equipment and later powering up such equipment for intermittent testing. In no event will
the City be entitled to terminate this Agreement or relocate the equipment as long as the Licensee
is making a good faith effort to remedy the interference issue. The City agrees that the City and/or
any other licensees or tenants of the Property who in the future take an interest in the Property
will be permitted to install only such equipment that is of the type and frequency which will not
cause harmful interference which is measurable in accordance with then-existing industry
standards to the then-existing equipment of the Licensee. The Parties acknowledge that there will
not be an adequate remedy at law for noncompliance with the provisions of this Section and
therefore, either Party shall have the right to equitable remedies, such as, without limitation,
injunctive relief and specific performance.
5'
Verizon Wireless • Proposed Base Station (Site No. 264599 “Louis and Colorado”)
1082 Colorado Avenue • Palo Alto, California
T9RZ
Page 1 of 4
Statement of Hammett & Edison, Inc., Consulting Engineers
The firm of Hammett & Edison, Inc., Consulting Engineers, has been retained on behalf of Verizon
Wireless, a personal wireless telecommunications carrier, to evaluate the base station (Site No. 264599
“Louis and Colorado”) proposed to be located at 1082 Colorado Avenue in Palo Alto, California, for
compliance with appropriate guidelines limiting human exposure to radio frequency (“RF”)
electromagnetic fields.
Executive Summary
Verizon proposes to install directional panel antennas on the existing tall PG&E lattice
located at 1082 Colorado Avenue in Palo Alto. The proposed operation will, together with
the existing base stations at the site, comply with the FCC guidelines limiting public
exposure to RF energy.
Prevailing Exposure Standards
The U.S. Congress requires that the Federal Communications Commission (“FCC”) evaluate its
actions for possible significant impact on the environment. A summary of the FCC’s exposure limits
is shown in Figure 1. These limits apply for continuous exposures and are intended to provide a
prudent margin of safety for all persons, regardless of age, gender, size, or health. The most restrictive
FCC limit for exposures of unlimited duration to radio frequency energy for several personal wireless
services are as follows:
Wireless Service Frequency Band Occupational Limit Public Limit
Microwave (Point-to-Point) 5–80 GHz 5.00 mW/cm2 1.00 mW/cm2
WiFi (and unlicensed uses) 2–6 5.00 1.00
BRS (Broadband Radio) 2,600 MHz 5.00 1.00
WCS (Wireless Communication) 2,300 5.00 1.00
AWS (Advanced Wireless) 2,100 5.00 1.00
PCS (Personal Communication) 1,950 5.00 1.00
Cellular 870 2.90 0.58
SMR (Specialized Mobile Radio) 855 2.85 0.57
700 MHz 700 2.40 0.48
[most restrictive frequency range] 30–300 1.00 0.20
Power line frequencies (60 Hz) are well below the applicable range of these standards, and there is
considered to be no compounding effect from simultaneous exposure to power line and radio
frequency fields.
Verizon Wireless • Proposed Base Station (Site No. 264599 “Louis and Colorado”)
1082 Colorado Avenue • Palo Alto, California
T9RZ
Page 2 of 4
General Facility Requirements
Base stations typically consist of two distinct parts: the electronic transceivers (also called “radios” or
“channels”) that are connected to the traditional wired telephone lines, and the passive antennas that
send the wireless signals created by the radios out to be received by individual subscriber units. The
transceivers are often located at ground level and are connected to the antennas by coaxial cables. A
small antenna for reception of GPS signals is also required, mounted with a clear view of the sky.
Because of the short wavelength of the frequencies assigned by the FCC for wireless services, the
antennas require line-of-sight paths for their signals to propagate well and so are installed at some
height above ground. The antennas are designed to concentrate their energy toward the horizon, with
very little energy wasted toward the sky or the ground. This means that it is generally not possible for
exposure conditions to approach the maximum permissible exposure limits without being physically
very near the antennas.
Computer Modeling Method
The FCC provides direction for determining compliance in its Office of Engineering and Technology
Bulletin No. 65, “Evaluating Compliance with FCC-Specified Guidelines for Human Exposure to
Radio Frequency Radiation,” dated August 1997. Figure 2 describes the calculation methodologies,
reflecting the facts that a directional antenna’s radiation pattern is not fully formed at locations very
close by (the “near-field” effect) and that at greater distances the power level from an energy source
decreases with the square of the distance from it (the “inverse square law”). The conservative nature
of this method for evaluating exposure conditions has been verified by numerous field tests.
Site and Facility Description
Based upon information provided by Verizon, including zoning drawings by Connell Design Group,
LLC, dated June 16, 2015, it is proposed to install six Andrew Model SBNHH-1D65B directional
panel antennas on top of the existing 102½-foot PG&E lattice tower sited west of the PG&E
substation located at 1082 Colorado Avenue in Palo Alto. The antennas would be mounted at an
effective height of about 99½ feet above ground, and would be oriented in pairs toward 120°T, 200°T,
and 300°T. For the limited purposes of this study, it is assumed that the antennas would employ up to
7° downtilt and that the maximum effective radiated power in any direction would be 12,550 watts,
representing simultaneous operation at 4,330 watts for AWS, 3,980 watts for PCS, 2,360 watts for
cellular, and 1,880 watts for 700 MHz service.
Presently located lower on the tower are similar antennas for use by AT&T, and located on another
PG&E tower, about 240 feet to the south, are similar antennas for use by T-Mobile. For the limited
purpose of this study, the transmitting facilities of those carriers are assumed to be as follows:
Verizon Wireless • Proposed Base Station (Site No. 264599 “Louis and Colorado”)
1082 Colorado Avenue • Palo Alto, California
T9RZ
Page 3 of 4
Operator Service Maximum ERP Antenna Model Downtilt Height
AT&T AWS 2,100 watts Andrew SBNH-1D6565A 1° 40½ ft
PCS 5,300 Andrew SBNH-1D6565A 1 40½
Cellular 1,600 Andrew SBNH-1D6565A 3 40½
700 MHz 1,000 Andrew SBNH-1D6565A 3 40½
T-Mobile AWS 4,400 Ericsson AIR21 2 47½
PCS 2,200 Ericsson AIR21 2 47½
700 MHz 1,800 Andrew LNX-6514DS 2 47½
Study Results
For a person anywhere at ground, the maximum RF exposure level due to the proposed Verizon
operation by itself is calculated to be 0.0089 mW/cm2, which is 1.2% of the applicable public
exposure limit. The maximum calculated cumulative level at ground, for the simultaneous operation
of all three carriers, is 4.8% of the public exposure limit. The maximum calculated cumulative level at
the second-floor elevation of any nearby residence* is 8.5% of the public exposure limit. It should be
noted that these results include several “worst-case” assumptions and therefore are expected to
overstate actual power density levels.
No Recommended Mitigation Measures
Due to their mounting locations and height, the Verizon antennas would not be accessible to
unauthorized persons, and so no mitigation measures are necessary to comply with the FCC public
exposure guidelines. It is presumed that PG&E already takes adequate precautions to ensure that there
is no unauthorized access to its tower and that all personnel receive appropriate training to prevent
exposures in excess of the occupational limit.
Conclusion
Based on the information and analysis above, it is the undersigned’s professional opinion that
operation of the base station proposed by Verizon Wireless at 1082 Colorado Avenue in Palo Alto,
California, will comply with the prevailing standards for limiting public exposure to radio frequency
energy and, therefore, will not for this reason cause a significant impact on the environment. The
highest calculated level in publicly accessible areas is much less than the prevailing standards allow
for exposures of unlimited duration. This finding is consistent with measurements of actual exposure
conditions taken at other operating base stations.
* Located at least 30 feet away, based on photographs from Google Maps.
Verizon Wireless • Proposed Base Station (Site No. 264599 “Louis and Colorado”)
1082 Colorado Avenue • Palo Alto, California
T9RZ
Page 4 of 4
Authorship
The undersigned author of this statement is a qualified Professional Engineer, holding California
Registration No. E-18063, which expires on June 30, 2017. This work has been carried out under his
direction, and all statements are true and correct of his own knowledge except, where noted, when data
has been supplied by others, which data he believes to be correct.
Rajat Mathur, P.E.
707/996-5200
September 4, 2015
FCC Radio Frequency Protection Guide
FCC Guidelines
Figure 1
Frequency (MHz)
1000
100
10
1
0.1
0.1 1 10 100 103 104 105
Occupational Exposure
Public Exposure
PCS
CellFM
Po
w
e
r
De
n
s
i
t
y
(m
W
/
c
m
2)
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission (“FCC”)
to adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have
a significant impact on the environment. The FCC adopted the limits from Report No. 86, “Biological
Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields,” published in 1986 by the
Congressionally chartered National Council on Radiation Protection and Measurements (“NCRP”).
Separate limits apply for occupational and public exposure conditions, with the latter limits generally
five times more restrictive. The more recent standard, developed by the Institute of Electrical and
Electronics Engineers and approved as American National Standard ANSI/IEEE C95.1-2006, “Safety
Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to
300 GHz,” includes similar limits. These limits apply for continuous exposures from all sources and
are intended to provide a prudent margin of safety for all persons, regardless of age, gender, size, or
health.
As shown in the table and chart below, separate limits apply for occupational and public exposure
conditions, with the latter limits (in italics and/or dashed) up to five times more restrictive:
Frequency Electromagnetic Fields (f is frequency of emission in MHz)
Applicable
Range
(MHz)
Electric
Field Strength
(V/m)
Magnetic
Field Strength
(A/m)
Equivalent Far-Field
Power Density
(mW/cm2)
0.3 – 1.34 614 614 1.63 1.63 100 100
1.34 – 3.0 614 823.8/ f 1.63 2.19/ f 100 180/ f2
3.0 – 30 1842/ f 823.8/ f 4.89/ f 2.19/ f 900/ f2 180/ f2
30 – 300 61.4 27.5 0.163 0.0729 1.0 0.2
300 – 1,500 3.54 f 1.59 f f /106 f /238 f/300 f/1500
1,500 – 100,000 137 61.4 0.364 0.163 5.0 1.0
Higher levels are allowed for short periods of time, such that total exposure levels averaged over six or
thirty minutes, for occupational or public settings, respectively, do not exceed the limits, and higher
levels also are allowed for exposures to small areas, such that the spatially averaged levels do not
exceed the limits. However, neither of these allowances is incorporated in the conservative calculation
formulas in the FCC Office of Engineering and Technology Bulletin No. 65 (August 1997) for
projecting field levels. Hammett & Edison has built those formulas into a proprietary program that
calculates, at each location on an arbitrary rectangular grid, the total expected power density from any
number of individual radio sources. The program allows for the description of buildings and uneven
terrain, if required to obtain more accurate projections.
RFR.CALC™ Calculation Methodology
Assessment by Calculation of Compliance with FCC Exposure Guidelines
Methodology
Figure 2
The U.S. Congress required (1996 Telecom Act) the Federal Communications Commission (“FCC”) to
adopt a nationwide human exposure standard to ensure that its licensees do not, cumulatively, have a
significant impact on the environment. The maximum permissible exposure limits adopted by the FCC
(see Figure 1) apply for continuous exposures from all sources and are intended to provide a prudent
margin of safety for all persons, regardless of age, gender, size, or health. Higher levels are allowed for
short periods of time, such that total exposure levels averaged over six or thirty minutes, for
occupational or public settings, respectively, do not exceed the limits.
Near Field.
Prediction methods have been developed for the near field zone of panel (directional) and whip
(omnidirectional) antennas, typical at wireless telecommunications base stations, as well as dish
(aperture) antennas, typically used for microwave links. The antenna patterns are not fully formed in
the near field at these antennas, and the FCC Office of Engineering and Technology Bulletin No. 65
(August 1997) gives suitable formulas for calculating power density within such zones.
For a panel or whip antenna, power density S = 180
BW
0.1 Pnet
D2 h , in mW/cm2,
and for an aperture antenna, maximum power density Smax = 0.1 16 Pnet
h2 , in mW/cm2,
where BW = half-power beamwidth of the antenna, in degrees, and
Pnet = net power input to the antenna, in watts,
D= distance from antenna, in meters,
h= aperture height of the antenna, in meters, and
= aperture efficiency (unitless, typically 0.5-0.8).
The factor of 0.1 in the numerators converts to the desired units of power density.
Far Field.
OET-65 gives this formula for calculating power density in the far field of an individual RF source:
power density S = 2.56 1.64 100 RFF2 ERP
4 D2 , in mW/cm2,
where ERP = total ERP (all polarizations), in kilowatts,
RFF = relative field factor at the direction to the actual point of calculation, and
D= distance from the center of radiation to the point of calculation, in meters.
The factor of 2.56 accounts for the increase in power density due to ground reflection, assuming a
reflection coefficient of 1.6 (1.6 x 1.6 = 2.56). The factor of 1.64 is the gain of a half-wave dipole
relative to an isotropic radiator. The factor of 100 in the numerator converts to the desired units of
power density. This formula has been built into a proprietary program that calculates, at each location
on an arbitrary rectangular grid, the total expected power density from any number of individual
radiation sources. The program also allows for the description of uneven terrain in the vicinity, to
obtain more accurate projections.