HomeMy WebLinkAboutCOW 2018-07-09 Items 3D and 3E - Comparison of Small Cell Franchise AgreementsComparison of Small CeII Franchise Agreements
Location
First Whereas
clause
Second
Whereas clause
Verizon Agreement
WHEREAS, Seattle SMSA Limited
Partnership, a Delaware limited partnership,
d/b/a Verizon Wireless, hereinafter referred to
as "VERIZON" is a telecommunications
company that, among other things, provides
personal wireless services to customers in
the Puget Sound region; and
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
WHEREAS, New Cingular Wireless PCS, LLC.
a Delaware limited liability company,
hereinafter referred to as "Franchisee" is a
telecommunications company that, among
other things, provides personal wireless
service, including data transmission. and other
telecommunications services to customers in
the Puget Sound region; and
WHEREAS, Mobilitie, LLC, a Nevada limited
liability company, d/b/a Mobilitie, hereinafter
referred to as "Mobilitie" or "Franchisee" is a
telecommunications company that, among
other things, provides high capacity
interexchange transport to
telecommunications common carriers,
including data transmission, linkage to long
distance carriers, and other
telecommunications services to customers in
the Puget Sound region; and
WHEREAS, VERIZON's desired route through
the City of Tukwila, hereinafter referred to as
"City," requires the use of certain portions of
City rights-of-way for the installation, operation
and maintenance of a telecommunications
system; and
Fifth Whereas
clause
Section 1,
Definitions
WHEREAS, the Revised Code of Washington
(RCW) authorizes the City to grant and
regulate non-exclusive franchises for the use
of public streets, rights-of-way and other public
property for installation, operation and
maintenance of communications facilities;
WHEREAS, Franchisee's desired route through
the City of Tukwila, hereinafter referred to as
"City," requires the use of certain portions of
City rights-of-way for the installation, operation,
and maintenance of a telecommunications
system; and
WHEREAS, the Revised Code of Washington
(RCW) authorizes the City to grant and regulate
non-exclusive franchises for the use of public
streets, rights-of-way, and other public property
for installation, operation, and maintenance of a
telecommunications system and transmission
of communications;
Company name is unique for each
Franchisee and differences are carried
throughout the agreements
Description of what each company provides
is negotiated specific to each agreement
WHEREAS, Mobilitie's desired route through
the City of Tukwila, hereinafter referred to as
"City," requires the use of certain portions of
City rights-of-way for the installation, operation,
and maintenance of Small Cells; and
Negotiated differences between
agreements
WHEREAS, the Revised Code of Washington
(RCW) authorizes the City to grant and regulate
non-exclusive franchises for the use of public
streets, rights-of-way, and other public property
for installation, operation, and maintenance of a
fiber optic system and transmission of
communications;
Specific language describing the type of
service provided by each Franchisee
negotiated specific to each agreement
2. "Construct" shall mean to construct,
reconstruct, install, reinstall, align, realign,
locate, relocate, adjust, affix, attach, replace,
repair, upgradeT monitor, maintain, use,
relocate, remove, or support.
2. "Construct" shall mean to construct,
reconstruct, install, reinstall, align, realign,
locate, relocate, adjust, affix, attach, replace,
repair, monitor, maintain, use, relocate,
remove, and/or support.
Negotiated differences between
agreements
Section 1,
Definitions
Section 1,
Definitions
3. "Contractor" shall mean any contractor
selected and engaged by Franchisee to
Construct Facilities in the Public Right(s)-of-
Way.
4. "Costs" shall mean the actual, and
documented costs incurred.
3. "Default" shall mean any failure of a 5. "Default" shall mean any failure of a
Party to keep, observe, or perform any of its Party to keep, observe, or perform any of its
duties or obligations under this Franchise that duties or obligations under this Franchise.
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1
3. "Contractor" shall mean any contractor
selected and engaged by Mobilitie to Construct
Facilities in the Public Right(s)-of-Way.
4. "Costs" shall mean the actual, and
documented costs incurred.
Additional definitions provided
5. "Default" shall mean any failure of a
Party to keep, observe, or perform any of its
duties or obligations under this Franchise
beyond applicable notice and cure periods.
Differences between agreements
negotiated specifically with each
Franchisee but the intent between the
Agreements is the same.
Comparison of Small CeII Franchise Agreements
Location
Verizon Agreement
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
Section 1,
Definitions
4. "Design Document(s)" shall mean the
plans and specifications for the construction of
the Facilities meeting the minimum applicable
general plan submittal requirements for
engineering services plan review as set forth in
the City's Infrastructure Design and
Construction Standards Manual (the
"Standards"),
6. "Design Document(s)" shall mean the
plans and specifications for the construction of
the Facilities meeting at least the minimum
applicable general plan submittal requirements
for engineering services plan review as set forth
in the City's Infrastructure Design and
Construction Standards Manual ("the
"Standards"), illustrating and describing the
refinement of the design of the
Telecommunications System Facilities to be
Constructed,
6. "Design Document(s)" shall mean the
plans and specifications for the Construction of
the Facilities meeting at least the minimum
applicable general plan submittal requirements
for engineering services plan review as set forth
in the City's Infrastructure Design and
Construction Standards manual ("the
Standards"), illustrating and describing the
refinement of the design of the Facilities to be
Constructed,
Language added to clarify the requirement
of meeting the ;minimum standards is the
lowest level acceptable.
Negotiated differences between
agreements
Section 1,
Definitions
Section 1,
Definitions
6. "Emergency" shall mean and refer to a
sudden condition or set of circumstances that:
(a) significantly disrupts or interrupts the
operation of Facilities in the Public Rights -of -
Way and VERIZON's ability to continue to
provide services if immediate action is not
taken; or (b) presents an immediate threat of
harm to persons or property if immediate
action is not taken.
8. "Emergency" shall mean and refer to a
sudden condition or set of circumstances that:
(a) significantly disrupts or interrupts the
operation of Facilities in the Public Rights -of -
Way and Franchisee's ability to continue to
provide services if immediate action is not
taken; or (b) presents an immediate threat of
harm to persons or property if immediate action
is not taken.
8. "Emergency" shall mean and refer to a
sudden condition or set of circumstances that:
(a) significantly disrupts or interrupts the
operation of Facilities in the Public Rights -of -
Way and Franchisee's ability to continue to
provide services if immediate action is not
taken; or (b) present an immediate threat of
harm to persons or property if immediate action
is not taken.
Grammatical correction
7. "Facility or Facilities" means any part
or all of the facilities, equipment and
appurtenances of VERIZON whether
underground or overhead and located within
the Public Rights -of -Way as part of
VERIZON's Telecommunications System,
including but not limited to, conduit, case, pipe,
line, fiber, cabling, equipment, equipment
cabinets and shelters, vaults, generators,
conductors, poles, carriers, drains, vents, guy
wires, encasements, sleeves, valves, wires,
supports, foundations, anchors, transmitters,
receivers, antennas, and signage.
9. "Facility or Facilities" means any part
or all of the facilities, equipment, and
appurtenances of Franchisee whether
underground or overhead and located within
the Public Rights -of -Way as part of the
Franchisee's Telecommunications System,
including but not limited to, conduit, case, pipe,
line, fiber, cabling, equipment, equipment
cabinets and shelters, vaults, generators,
backup power supplies, power transfer
switches, cut-off switches. electric meters,
conductors, poles, carriers, drains, vents, guy
wires, encasements, sleeves, valves, wires,
supports, foundations, anchors, transmitters,
receivers, antennas, and signage.
9. "Facility" or "Facilities" means any
part or all of the facilities, equipment, and
appurtenances of Franchisee whether
underground or overhead and located within
the Public Rights -of -Way as part of the
Franchisee's Network, including but not limited
to, radios, antennas, transmitters, wires, fiber
optic cables. Small Cells. and other wireless
transmission devices (collectively_ .
"Transmission Media") attached. mounted. or
installed on an existing utility pole located in the
Public Rights-of-Wav for the purpose of
providing wireless. Wi-Fi. voice, data,
messagina, or similar type of wireless service
now or in the future offered to the public in
general using spectrum radio frequencies,
whether or not licensed by the Federal
Communications Commission ("FCC").
"Facility_" or "Facilities" also means the control
boxes. meters, electric meter pedestals. cables,
conduit, power sources, poles and replacement
poles and other equipment, structures, plant,
and appurtenances between the Transmission
Media and the point where the Facility
terminates and interconnects with broadband
backhaul transmission facilities.
Language specific to each agreement
negotiated individually to best reflect the
type of facility and services to be built and
provided.
2
Comparison of Small CeII Franchise Agreements
Location
Verizon Agreement
AT&T/Cingular Agreement
Mobilitie Agreement
Section 1,
Definitions
8. "Franchise" shall mean the grant, once
acceRted; giving general permission to
VERIZON to enter into and upon the Public
Rights -of -Way to use and occupy the same for
the purposes authorized herein, all pursuant
and subject to the terms and conditions as set
forth herein.
10. "Franchise" shall mean the grant, once
,asset, giving general permission to
Franchisee to enter into and upon the Public
Rights -of -Way to use and occupy the same for
the purposes authorized herein, all pursuant
and subject to the terms and conditions as set
forth herein.
10. "Franchise" shall mean the grant giving
general permission to Franchisee to enter into
and upon the Public Rights -of -Way to use and
occupy the same for the purposes authorized
herein, all pursuant and subject to the terms
and conditions as set forth herein.
Section 1,
Definitions
12. "Network" shall mean collectively the
network of Facilities Constructed by or for and
managed by Mobilitie within the Public Rights -
of -Way for the provision of the Services.
Section 1,
Definitions
Section 1,
Definitions
13. "Public Right(s)-of-Way" shall mean
the surface of, and the space above and
below, any public street, highway, freeway,
bridge, land path, alley, court, boulevard,
sidewalk, way, lane, public way, drive, circle or
other public right-of-way, including any
easement now or hereafter held by the City
within the corporate boundaries of the City as
now or hereafter constituted for the purpose of
public travel, and over which the City has
authority to grant permits, licenses, or
franchises for use thereof, or has regulatory
authority to thereover, excluding: railroad
rights-of-way, airports, harbor areas, buildings,
parks, poles, conduits, and excluding such
similar facilities or property owned, maintained,
or leased by the City in its proprietary capacity
or as an operator of a utility.
15. "Public Right(s)-of-Way" shall mean
the surface of, and the space above and below,
any public street, highway, freeway, bridge,
land path, alley, court, boulevard, sidewalk,
way, lane, public way, drive, circle, or other
areas designated for the public right-of-way,
including areas that have been accepted by the
City for use as the public right-of-way and any
easement now or hereafter held by the City
within the corporate boundaries of the City as
now or hereafter constituted for the purpose of
public travel, and over which the City has
authority to grant permits, licenses, or
franchises for use thereof, or has regulatory
authority to thereover, excluding: railroad rights-
of-way, airports, harbor areas, buildings, parks,
poles, conduits, and excluding such similar
facilities or property owned, maintained, or
leased by the City in its proprietary capacity or
as an operator of a utility.
15. "Service" shall mean the service or
services authorized to be provided by
VERIZON under the terms and conditions of
this Franchise Agreement.
Section 1,
` Definitions
17. "Service" shall mean the service or
services authorized to be provided by
Franchisee under the terms and conditions of
this Franchise.
Discussion
Negotiated change, not substantive to the
Agreement as Exhibit A must be submitted
by the Franchisee for the Agreement to be
in effect, essentially functioning as the
Franchisee "accepting" the Agreement.
Negotiated language specific to Mobilitie
Agreement
16. "Public Right(s)-of-Way" shall mean
the surface of, and the space above and below,
any public street, highway, freeway, bridge,
land path, alley, court, boulevard, sidewalk,
way, lane, public way, drive, circle, or other
public right-of-way, including any easement
now or hereafter held by the City within the
corporate boundaries of the City as now or
hereafter constituted for the purpose of public
travel, and over which the City has authority to
grant permits, licenses, or franchises for use
thereof, or has regulatory authority to thereover,
excluding: railroad rights-of-way, airports,
harbor areas, buildings, parks, poles, conduits,
and excluding such similar facilities or property
owned, maintained, or leased by the City in its
proprietary capacity or as an operator of a
utility.
New language broadens the definition of
publicly owned right-of-way negotiated
specific to AT&T Agreement
18. "Service" or "Services" shall mean the
service or services authorized to be provided by
Franchisee under the terms and conditions of
this Franchise.
"Services" added for preference. Removed
"Agreement" throughout from
AT&T/Cingular and Mobilitie for preference,
intent not changed.
19. "Small CeII" shall mean the Facilities at
a particular location that comprises part of the
Network.
3
Specific language negotiated by Mobilitie to
be included in the Agreement
Comparison of Small CeII Franchise Agreements
Location
Section 1,
Definitions
Verizon Agreement
AT&T/Cingular Agreement
16. "Telecommunications System" shall
mean all necessary Facilities to establish a
small cell network located in, under, and
above City owned Public Right(s)-of-Way for
the provision of personal wireless services,
including: commercial mobile services,
unlicensed wireless services, and common
carrier wireless exchange access services.
"Telecommunications System" shall not mean
or include Facilities owned or used by
VERIZON for the provision of cable television
services, video programming, or services
other than personal wireless services,
including ownership and/or operation of a
dark fiber network.
18. "Telecommunications System" shall
mean all necessary Facilities to establish a
small cell network located in, under, and above
City owned Public Rights -of -Way for the
provision of personal wireless services,
including: commercial mobile services,
unlicensed wireless services, and common
carrier wireless exchange access services.
Telecommunications System shall not mean or
include Facilities owned or used by Franchisee
for the provision of cable television services,
video programming, or services other than
personal wireless services, including
ownership, operation, and/or managing of a
dark fiber network.
Mobilitie Agreement
20. "Telecommunications System" shall
mean all necessary Facilities to establish a
small cell network located in, under, and above
City owned Public Rights -of -Way for the
provision of personal wireless services,
including: commercial mobile services,
unlicensed wireless services, and common
carrier wireless exchange access services.
Telecommunications System shall not mean or
include Facilities owned or used by Franchisee
for the provision of cable television services,
video programming, or services other than
personal wireless services, including
ownership, operation, and/or managing of a
dark fiber network
Section 2. Non-
exclusive
Franchse
Granted
Section 3.
Authority.
A. The City hereby grants to VERIZON,
subject to the conditions prescribed in this
ordinance ("Franchise Agreement"), the
franchise rights and authority to Construct
and operate its Facilities necessary for a
Telecommunications System within all City -
owned Public Rights -of -Way, generally
described as that area within the present and
future boundaries of the City and hereinafter
referred to as the "Franchise Area".
A. The City hereby grants to Franchisee,
subject to the conditions prescribed in this
ordinance ("Franchise Agreement"), the
franchise rights and authority to Construct and
operate its Facilities necessary for a
Telecommunications System within the City -
owned Public Rights -of -Way, generally
described as those Public Rights -of -Way
within the present and future boundaries of
the City and hereinafter referred to as the
"Franchise Area".
A. The City hereby grants to Mobilitie,
subject to the conditions prescribed in this
ordinance ("Franchise Agreement"), the
franchise rights and authority to Construct and
operate its Facilities necessary for a
Telecommunications System within the City -
owned Public Rights -of -Way, generally
described as that area within the present and
future boundaries of the City and hereinafter
referred to as the "Franchise Area".
Discussion
Preference of use for the change from
Right(s) to Rights.
A dark fiber network is one that has fiber
but is not in use, therefore is not under
operation. Change to managing a dark fiber
network is a semantic change for
clarification purposes.
Change is preference of wording but the
intent between agreements is the same.
Section 3. Authority. The Director of Public
Works or his -or her designee is hereby
granted the authority to administer and
enforce the terms and provisions of this
Franchise Agreement and may develop such
lawful and reasonable rules, policies and
procedures as he or she deems necessary to
carry out the provisions contained herein.
Section 3. Authority. The Director of Public
Works or designee is hereby granted the
authority to administer and enforce the terms
and provisions of this Franchise Agreement
and may develop such lawful and reasonable
rules, policies, and procedures as the Public
Works Director deems necessary to carry out
the provisions contained herein.
Section 3. Authority. The Director of Public
Works or designee is hereby granted the
authority to administer and enforce the terms
and provisions of this Franchise Agreement
and may develop such lawful and reasonable
rules, policies, and procedures as the Public
Works Director deems necessary to carry out
y the provisions contained herein.
Change to make language gender neutral
4
Location
Verizon Agreement
Section 4.
Franchise Term
Section 4. Franchise Term. The franchise
rights granted herein shall remain in full force
and effect for a period of 10 years from the
effective date of this ordinance. However,
this Franchise Agreement shall not take effect
and VERIZON shall have no rights under this
Franchise Agreement unless a written
acceptance with the City is received pursuant
to Section 5 of this Agreement. If VERIZON
desires to renew this Franchise Agreement, it
shall file a renewal application with the City
between 180 days and 120 days prior to the
expiration of the existing term. In the event of
such filing, the City may extend the term of
this Franchise Agreement for up to one year
beyond the expiration date to allow
processing of renewal. If the City elects to
extend the term of this Franchise, written
notice of the extension shall be provided to
VERIZON prior to the Franchise expiration
date.
Section 5.
Comparison of Small CeII Franchise Agreements
AT&T/Cingular Agreement
Section 4. Franchise Term. The franchise
rights granted herein shall remain in full force
and effect for a period of 10 years from the
effective date of this ordinance. However, this
Franchise Agreement shall not take effect and
Franchisee shall have no rights under this
Franchise Agreement unless a written
acceptance with the City is received pursuant
to Section 5 of this Agreement. If Franchisee
desires to renew this Franchise Agreement, it
shall file a renewal application with the City
between 180 days and 120 days prior to the
expiration of the existing term. In the event of
such filing, the City may, at the Citv's sole
discretion, extend the term of this Franchise
Agreement for up to one year beyond the
expiration date to allow processing of renewal.
If the City elects to extend the term of this
Franchise, written notice of the extension shall
be provided to Franchisee prior to the
Franchise expiration date.
Section 5. Acceptance of Terms and
Conditions. The -44 acceptance of this
Franchise Agreement and all the terms and
conditions shall be filed with the City Clerk
within 30 days of the effective date of this
ordinance in the form attached hereto as
Exhibit A. Failure on the part of VERIZON to
file said consent within 30 days of the
effective date of this ordinance shall void and
nullify any and all rights granted under this
Franchise Agreement.
Mobilitie Agreement
1 Section 4. Franchise Term.
A. Term. The franchise rights granted
herein shall remain in full force and effect for a
period of 10 years from the effective date of
this ordinance (the "Term"). However, this
Franchise Agreement shall not take effect and
Mobilitie shall have no rights under this
Franchise Agreement unless a written
acceptance with the City is received pursuant
to Section 5 of this Agreement. If Franchisee
desires to renew this Franchise Agreement, it
shall file a renewal application with the City
between 180 days and 120 days prior to the
expiration of the existing term. In the event of
such filing, the City may, at the Citv's sole
discretion, extend the term of this Franchise
Agreement for up to one year beyond the
expiration date to allow processing of renewal.
If the City elects to extend the term of this
Franchise, written notice of the extension shall
be provided to Franchisee prior to the
Franchise expiration date.
B. Termination by Mobilitie. Mobilitie
may terminate this Agreement. either in its
entirety or only as to Facilities installed at a
particular location, for anv reason or no
reason in Mobilitie's sole discretion by
providina 30 days' written notice to the City, in
which case Mobilitie shall remove the subiect
Facilities or, with the approval of the City,
abandon such Facilities in place.
Section 5. Acceptance of Terms and
Conditions. The full acceptance of this
Franchise Agreement and all the terms and
conditions shall be filed with the City Clerk
within 30 days of the effective date of this
ordinance in the form attached hereto as
Exhibit A. Failure on the part of Franchisee to
file said consent within 30 days of the effective
date of this ordinance shall void and nullify
any and all rights granted under this Franchise
Agreement.
Discussion
Use of "at the City's sole discretion" clarifies
that any decision to extend a franchise
agreement lies solely with the City.
"Termination by Mobility" section negotiated
specifically for their Agreement
Section 5. Acceptance of Terms and
Conditions. An acceptance of this Franchise
Agreement and all the terms and conditions,
in the form attached hereto as Exhibit A, shall
be filed with the City Clerk within 30 days of
the effective date of this ordinance. Failure on
the part of Mobilitie to file said consent within
30 days of the effective date of this ordinance
shall void and nullify any and all rights granted
under this Franchise Agreement, and in such
event this Aareement shall terminate without
further obliaation to either partv.
Language negotiated specific to Mobilitie
Agreement
5
Comparison of Small CeII Franchise Agreements
Location
Section 6.
Construction
Provisions and
Standards
Verizon Agreement
1. Permit Required. No construction,
maintenance, or repairs (except for
emergency repairs) shall be undertaken in
the Franchise Area without first obtaining
appropriate Permits from the City of Tukwila.
In case of an emergency, VERIZON shall,
within 24 hours of the emergency, obtain a
Permit from the City of Tukwila's Public
Works Department.
Section 6.
Construction
Provisions and
Standards
AT&T/Cingular Agreement
1. Permit Required. No construction,
maintenance, or repairs (except for
emergency repairs) shall be undertaken in the
Franchise Area without first obtaining
appropriate permits from the City of Tukwila.
In case of an emergency, Franchisee shall,
within 24 hours of the emergency, obtain a
permit from the City of Tukwila's Public Works
Department.
Mobilitie A. reement
1
Permit Required. No Construction,
maintenance, or repairs (except for
emergency repairs) shall be undertaken in the
Franchise Area without first obtaining
appropriate permits from the City of Tukwila,
except in the case of an Emergency. In case
of an Emergency, Mobilitie may proceed with
Construction, maintenance, or repairs
necessary to address the Emergency without
first obtaining appropriate permits, but shall,
within 24 hours of the Emergency, obtain a
permit from the City of Tukwila's Public Works
Department. Such 24-hour period shall be
extended to accommodate the duration of anv
closure of the Citv of Tukwila's Public Works
Department (for example. for a holiday or
weekend).
Discussion
"Permit(s)" and the use of a capital letter
indicates the Permit in question is defined
in the Franchise Agreement. That is not the
case, therefore use of "permit(s)" is correct
in that it references a generic permit
required as part of the larger permitting
process.
Use of "Construction" implies construction
specific to the Agreement
Remainder of the difference negotiated
specific to Mobilitie Agreement address
steps to be taken in the case of a bonafide
emergency.
2. Coordination. All capital construction
projects performed by VERIZON within the
Franchise Area shall be inspected by a City
inspector. All work and inspection shall be
coordinated with the Engineering Division of
the Public Works Department to ensure
consistency with City infrastructure, future
Capital Improvement Projects, all developer
improvements, and pertinent codes and
ordinances in effect on the date the permits
and authorizations are issued for the affected
Facilities.
Section 6.
Construction
Provisions and
Standards
2. Coordination. All capital construction
projects performed by Franchisee within the
Franchise Area shall be inspected by a City
inspector. All work and inspection shall be
coordinated with the Engineering Division of
the Public Works Department to ensure
consistency with City infrastructure, future
Public Improvement Projects, all developer
improvements, and pertinent codes and
ordinances in effect on the date the permits
and authorizations are issued for the affected
Facilities.
2. Coordination. All capital Construction
projects performed by Mobilitie within the
Franchise Area shall be inspected by a City
inspector. All work and inspection shall be
coordinated with the Engineering Division of
the Public Works Department to ensure
consistency with City infrastructure, future
Public Improvement projects, all developer
improvements, and pertinent codes and
ordinances in effect on the date the permits
and authorizations are issued for the affected
Facilities.
Change from "Capital" to "Public" clarifies
that the projects in question are
coordinated with publicly owned and
controlled projects whereas "Capital" could
be construed to encompass private projects
which are not part of this Franchise
Agreement.
Use of "Construction" implies construction
specific to the Agreement, used throughout
Mobilitie Agreement
4. Use of Public Rights -of -Way. Within
parameters related to the City's role in
protecting the public health, safety, and
welfare and except as may be otherwise
preempted by Law, the City may require that
Facilities be installed at a particular time, at a
specific place, or in a particular manner as a
condition of access to the proposed
Franchise Area and may deny access if
VERIZON c r ct " ng tc ccrnply with such
requirements; and, may require removal of
any Facility that is not installed in compliance
with the Standards provided in this Franchise
Agreement or which is installed without prior
City approval of the time, place, or manner of
installation.
4. Use of Public Rights -of -Way. Within
parameters related to the City's role in
protecting the public health, safety, and
welfare and except as may be otherwise
preempted by Law, the City may require that
Facilities be installed at a particular time, at a
specific place, or in a particular manner as a
condition of access to the proposed Franchise
Area and may deny access if Franchisee is
^ct '.::!!'r to comp!' with such requirements;
and, may require removal of any Facility that
is not installed in compliance with the
Standards provided in this Franchise or which
is installed without prior City approval of the
time, place, or manner of installation.
4. Use of Public Rights -of -Way. Within
parameters related to the City's role in
protecting the public health, safety, and
welfare and except as may be otherwise
preempted by Law, the City may require that
Facilities be installed at a particular time, at a
specific place, or in a particular manner as a
condition of access to the proposed Franchise
Area and may deny access except in
compliance with such requirements; and, may
require removal of any Facility that is not
installed in compliance with the Standards
provided in this Franchise or which is installed
without prior City approval of the time, place,
or manner of installation.
Negotiated change specific to Mobilitie
Agreement, intent unchanged.
6
Location
Verizon Agreement
Comparison of Small Cell Franchise Agreements
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
Section 6.
Construction
Provisions and
Standards
5. Construction Standards. Any
construction, installation, maintenance, and
restoration activities performed by or for
VERIZON within the Franchise Area shall be
constructed and located so as to produce the
least amount of interference with the free
passage of pedestrian and vehicular traffic
and the rights and reasonable convenience of
property owners, businesses, and residents
along the Public Rights -of -Way. All
construction, installation, maintenance and
restoration activities shall be conducted such
that they conform to the City's development
guidelines and standards in effect on the date
the permits and authorizations are issued for
the affected Facilities and comply with Title
11 of the Tukwila Municipal Code.
VERIZON's Facilities shall be designed,
located, aligned, and constructed so as not to
disturb or impair the use or operation of any
street improvements, utilities, and related
facilities of the City or the City's existing
lessees, licensees, permitees, franchisees,
easement beneficiaries or lien holders,
without prior written consent of the City or the
parties whose improvements are interfered
with and whose consent is required pursuant
to agreements with the City existing prior to
the effective date.
Section 6.
Construction
Provisions and
Standards, 6.
Duty to Restore
5. Construction Standards. Any
construction, installation, maintenance and
restoration activities performed by or for
Franchisee within the Franchise Area shall be
constructed and located so as to produce the
least amount of interference with the free
passage of pedestrian and vehicular traffic
and the rights and reasonable convenience of
property owners, businesses, and residents
along the Public Rights -of -Way. All
construction, installation, maintenance, and
restoration activities shall be conducted such
that they conform to the City's development
guidelines and standards in effect on the date
the permits and authorizations are issued for
the affected Facilities and comply with Title 11
of the Tukwila Municipal Code. Franchisee's
Facilities shall be designed, located, aligned,
and constructed so as not to disturb or impair
the use or operation of any street
improvements, utilities, and related facilities of
City or the City's existing lessees, licensees,
permitees, franchisees, easement
beneficiaries, or lien holders, without prior
written consent of City or the parties whose
improvements are interfered with and whose
consent is required pursuant to agreements
with the City existing prior to the Effective
Date.
5. Construction Standards. Any
Construction, installation, maintenance and
restoration activities performed by or for
Mobilitie within the Franchise Area shall be
Constructed and located so as to produce the
least amount of interference with the free
passage of pedestrian and vehicular traffic
and the rights and reasonable convenience of
property owners, businesses, and residents
along the Public Rights -of -Way. All
Construction, installation, maintenance, and
restoration activities shall be conducted such
that they conform to the City's development
guidelines and standards in effect on the date
the permits and authorizations are issued for
the affected Facilities and comply with Title 11
of the Tukwila Municipal Code. Franchisee's
Facilities shall be designed, located, aligned,
and Constructed so as not to disturb or impair
the use or operation of any street
improvements, utilities, and related facilities of
City or the City's existing lessees, licensees,
permitees, franchisees, easement
beneficiaries, or lien holders, without prior
written consent of City or the parties whose
improvements are interfered with and whose
consent is required pursuant to agreements
with the City existing prior to the Effective
Date.
Grammatical preference in remove the
article before City.
Capitalization of "Effective Date" clarifies
the date is when this particular agreement
is enacted and governs. See below.
a. VERIZON shall, after completion of
construction of any part of its
Telecommunications System, leave the
Public Rights -of -Way and other property
disturbed nearby in as good or better
condition in all respects as it was in before
the commencement of such Construction.
VERIZON agrees to promptly complete
restoration work to the reasonable
satisfaction of the City and in conformance
with City Standards.
a. Franchisee shall, after completion of
construction of any part of its
Telecommunications System, leave the Public
Rights -of -Way and other property disturbed
nearby, in as good or better condition in all
respects as it was in before the
commencement of such Construction.
Franchisee agrees to promptly complete
restoration work to the reasonable satisfaction
of the City and in conformance with City
standards.
a. Franchisee shall, after completion of
Construction of any part of its Network, leave
the Public Rights -of -Way and other property
disturbed nearby, in as good or better
condition in all respects as it was in before the
commencement of such Construction.
Franchisee agrees to promptly complete
restoration work to the reasonable satisfaction
of the City and in conformance with City
standards.
Section 6.
Construction
Provisions and
Standards, 6.
Duty to Restore
c. If weather or other conditions do not
allow the complete restoration required,
VERIZON shall temporarily restore the
affected Public Right -of -Way or public
property. VERIZON shall promptly undertake
and complete the required permanent
restoration when the weather or other
conditions no longer prevent such permanent
restoration.
c. If weather or other conditions do not
allow the complete restoration required,
Franchisee shall temporarily restore the
affected Public Rights -of -Way or public
property. Franchisee shall promptly
undertake and complete the required
permanent restoration when the weather or
other conditions no longer prevent such
permanent restoration.
c. If weather or other conditions do not
allow the complete restoration required,
Franchisee shall temporarily restore the
affected Public Rights -of -Way or public
property. Franchisee shall promptly
undertake and complete the required
permanent restoration when the weather or
other conditions no longer prevent such
permanent restoration.
Use of "Network" in lieu of
"Telecommunications System" negotiated
specifically for Mobilitie Agreement
Change to "standards" in this clause is an
oversight and should be changed to
"Standards"
Grammatical change made for consistency
7
Comparison of Small CeII Franchise Agreements
Location
Section 6.
Construction
Provisions and
Standards
Section 6.
Construction
Provisions and
Standards
Verizon Agreement
8. Warranty. VERIZON shall warrant
any restoration work performed by VERIZON
in the Public Rights -of -Way or on other public
property for 2 years, unless a longer period is
required by applicable City Standards. If
restoration is not satisfactorily and timely
performed by VERIZON, the City may, after
30 days prior notice to VERIZON, or without
notice where the disturbance or damage may
create an imminent risk to public health or
safety, cause the repairs to be made and
recover the cost of those repairs from
VERIZON. Within 30 days of receipt of an
itemized list of those costs, including the
costs of labor, materials and equipment,
VERIZON shall pay the City.
9. Restoration of Private Property.
When VERIZON does any Work in the Public
Rights -of -Way that affects, disturbs, alters, or
damages any adjacent private property, it
shall, at its own expense, be responsible for
restoring such private property to the
reasonable satisfaction of the private property
owner.
AT&T/Cingular Agreement
8. Warranty. Franchisee shall warrant
any restoration work performed by Franchisee
in the Public Rights -of -Way or on other public
property for 2 years, unless a longer period is
required by applicable City Standards. If
restoration is not satisfactorily and timely
performed by Franchisee, the City may, after
prior notice to Franchisee, or without notice
where the disturbance or damage may create
an imminent risk to public health or safety,
cause the repairs to be made and recover the
actual, and documented cost of those repairs
from Franchisee. Within 30 days of receipt of
an itemized list of those costs, including the
costs of labor, materials and equipment,
Franchisee shall pay the City.
9. Restoration of Private Property.
When Franchisee does any Work in the Public
Rights -of -Way that affects, disturbs, alters, or
damages any adjacent private property, it
shall, at its own expense, be responsible for
restoring such private property to the
reasonable satisfaction of the private property
owner.
8
Mobilitie Agreement
8. Warranty. Franchisee shall warrant
any restoration work performed by Franchisee
in the Public Rights -of -Way or on other public
property for 2 years, unless a longer period is
required by applicable City Standards. If
restoration is not satisfactorily and timely
performed by Franchisee, the City may, after
prior notice to Franchisee, or without notice
where the disturbance or damage may create
an imminent risk to public health or safety,
cause the repairs to be made and recover the
actual, and documented cost of those repairs
from Franchisee. Within 30 days of receipt of
an itemized list of those costs, including the
costs of labor, materials and equipment,
Franchisee shall pay the City.
9. Restoration of Private Property.
When Franchisee does any Work in the Public
Rights -of -Way that affects, disturbs, alters, or
damages any adjacent private property, it
shall, at its own expense, be responsible for
restoring such private property to its condition
immediately prior to the affect. disturbance.
alteration. or damage, to the reasonable
satisfaction of the private property owner.
Discussion
Removal of "after 30 days" negotiated
Additional language specific to Mobilitie
Agreement
Comparison of Small CeII Franchise Agreements
Location
Section 6.
Construction
Provisions and
Standards
Verizon Agreement
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
10. Stop Work. On men notice from the
City that any Work does not comply with the
Franchise Agreement, the approved Design
Documents for the Work, the Standards, or
other applicable Law, or is being performed in
an unsafe or dangerous manner as
rawly determined by the City, the non-
compliant Work may immediately be stopped
by the City. The stop work order shall be in
writing, given to the Person doing the Work
and be posted on the Work site, indicate the
nature of the alleged violation or unsafe
condition and establish conditions under
which Work may be resumed. If so ordered,
VERIZON shall cease and shall cause its
contractors and subcontractors to cease such
activity until the City is satisfied that
VERIZON is in compliance. If an unsafe
condition is found to exist, the City, in addition
to taking any other action permitted under
applicable Law, may order VERIZON to make
the necessary repairs and alterations
specified therein forthwith to correct the
unsafe condition by a time the City
establishes in its discretion. The City has the
right to inspect, repair, and correct the unsafe
condition if VERIZON fails to do so, and to
reasonably charge VERIZON for the costs
incurred to perform such inspection, repair, or
correction. Payment by VERIZON will be
made within 30 days following receipt of
written notice including itemized invoice and
supporting documentation evidencing such
cost.
10. Stop Work. On notice from the City
that any Work does not comply with the
Franchise, the approved Design Documents
for the Work, the Standards, or other
applicable Law, or is being performed in an
unsafe or dangerous manner as determined
by the City, the non-compliant Work may
immediately be stopped by the City. The stop
work order shall be in writing, given to the
Person doing the Work and be posted on the
Work site, indicate the nature of the alleged
violation or unsafe condition and establish
conditions under which Work may be
resumed. If so ordered, Franchisee shall
cease and shall cause its contractors and
subcontractors to cease such activity until the
City is satisfied that Franchisee is in
compliance. If an unsafe condition is found to
exist, the City, in addition to taking any other
action permitted under applicable Law, may
order Franchisee to make the necessary
repairs and alterations specified therein
forthwith to correct the unsafe condition by a
time the City establishes in its discretion. The
City has the right to inspect, repair, and
correct the unsafe condition if Franchisee fails
to do so, and to reasonably charge
Franchisee for the actual and documented
costs incurred to perform such inspection,
repair, or correction. Payment by Franchisee
will be made within 30 days following receipt
of written notice including itemized invoice and
supporting documentation evidencing such
cost.
10. Stop Work. On notice from the City
that any Work does not comply with the
Franchise, the approved Design Documents
for the Work, the Standards, or other
applicable Law, or is being performed in an
unsafe or dangerous manner as determined
by the City, the non-compliant Work may
immediately be stopped by the City. The stop
work order shall be in writing, given to the
Person doing the Work and be posted on the
Work site, indicate the nature of the alleged
violation or unsafe condition and establish
conditions under which Work may be
resumed. If so ordered, Franchisee shall
cease and shall cause its contractors and
subcontractors to cease such activity until the
City is satisfied that Franchisee is in
compliance. If an unsafe condition is found to
exist, the City, in addition to taking any other
action permitted under applicable Law, may
order Franchisee to make the necessary
repairs and alterations specified therein
forthwith to correct the unsafe condition by a
time the City establishes in its discretion. The
City has the right to inspect, repair, and
correct the unsafe condition if Franchisee fails
to do so, and to reasonably charge
Franchisee for the actual and documented
costs incurred to perform such inspection,
repair, or correction. Payment by Franchisee
will be made within 30 days following receipt
of written notice including itemized invoice and
supporting documentation evidencing such
cost.
"Written" removed to all for all types of
notices to be used.
Term "reasonably" removed to give final
authority to Tukwila to make the
determination when activity is unsafe or
dangerous, not compliant with standards or
laws, or not meeting the City -approved
designs.
Inclusion of "actual and documented"
provides assurance to the Franchisee that
the City will be able to produce a detailed
invoice of reimbursable costs incurred to
cure borne by the City.
9
Location
Section 6.
Construction
Provisions and
Standards
Verizon Agreement
11. Alteration. Except as may be shown
in the Design Documents approved by the
City or the records drawings, or as may be
necessary to respond to an Emergency,
VERIZON and VERIZON's contractors and
subcontractors may not make any material
alterations to the Franchise Area without the
City's prior consent, which consent shall not
be unreasonably withheld delayed, ^r
Gand4tioneci. The parties acknowledge that
nothing in this agreement limits the City's
rights under applicable federal, state, and
local laws to regulate the placement and
appearance of VERIZON's Facilities in the
Franchise Area. Material alteration araf
41e ti shall include, but not be limited to:
a change in the dimension Cif height of
location or placement of the Facilities
Comparison of Small Cell Franchise Agreements
AT&T/Cingular Agreement Mobilitie Agreement
11. Alteration. Except as may be shown
in the Design Documents approved by the
City or the records drawings, or as may be
necessary to respond to an Emergency,
Franchisee and Franchisee's contractors and
subcontractors may not make any material
alterations to the Franchise Area without the
City's prior written consent, which consent
shall not be unreasonably withheld. The
parties acknowledge that nothing in this
agreement limits the City's rights under
applicable federal, state, and local laws to
regulate the placement and appearance of
Franchisee's Facilities in the Franchise Area.
Material alteration shall include, but not be
limited to: a change in the dimension, height,
location, or placement of the Facilities
11. Alteration. Except as may be shown
in the Design Documents approved by the
City or the records drawings, or as may be
necessary to respond to an Emergency,
Franchisee and Franchisee's contractors and
subcontractors may not make any material
alterations to the Franchise Area without the
City's prior written consent, which consent
shall not be unreasonably withheld. The
parties acknowledge that nothing in this
agreement limits the City's rights under
applicable federal, state, and local laws to
regulate the placement and appearance of
Franchisee's Facilities in the Franchise Area.
Material alteration shall include, but not be
limited to: a change in the dimension, height,
location, or placement of the Facilities. If
Franchisee desires to change either the
location of any Facilities or otherwise
materially deviates from the approved design
of anv of the Facilities, Franchisee shall
submit such change to the City in writing for
its approval. Franchisee shall have no right to
commence anv such alteration until after
Franchisee has received the Citv's approval of
such change in writing. Under no
circumstance shall Franchisee permanently
affix anything in the Franchise Area that has
not been permitted by the City and/or that
inconveniences the public use of the right of
wav or adversely affects the public health,
safety, or welfare. Notwithstanding the
foregoing. alterations shall not be material and
shall not be subject to additional permitting or
City approval to the extent that: (i) such
modification to the attachment involves only
substitution of internal components, and does
not result in anv chance to the external
appearance. dimensions, or weight of the
attachment, as approved by the City: or (ii)
such modification involves replacement of the
attachment with an attachment that is the
same, or smaller in weight and dimensions as
the approved attachment. Mobilitie will notify
the City of anv such modification within 15
days after the modification is made.
10
Discussion
Negotiated changes between Tukwila and
the Franchisees.
Additional language in Mobilitie Agreement
provides clarification on maintenance -type
work not requiring additional permitting and
restricts replacement of equipment to the
same size and weight or smaller as the
original permitted use.
Location
Section 6.
Construction
Provisions and
Standards
Comparison of Small CeII Franchise Agreements
Verizon Agreement
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
12. Underground Installation Required.
All telecommunications cables and junction
boxes or other vaulted system components
shall be installed underground cc.^.cider+ th
the requirements of Tukwila Municipal Code
Section 11.32.090(B), unless otherwise
exempted from this requirement, in writing, by
the Public Works Director provided, however,
this requirement shall not apply to the
Facilities that are required to remain above
ground in order to be functional.
12. Underground Installation Required.
All telecommunications cables and junction
boxes or other vaulted system components
shall be installed underground cc s:ctent with
the requirements of Tukwila Municipal Code
Section 11.32.090(B), unless otherwise
exempted from this requirement, in writing, by
the Public Works Director, provided, however,
this requirement shall not apply to the
Facilities that are required to remain above
ground in order to be functional.
12. Underground Installation Required.
All telecommunications cables and junction
boxes or other vaulted system components
shall be installed underground when and to
the extent reauired by Tukwila Municipal Code
Section 11.32.090(B), unless otherwise
exempted from this requirement, in writing, by
the Public Works Director, provided however,
this requirement shall not apply to the
Facilities that are required to remain above
ground in order to be functional.
Section 6.
Construction
Provisions and
Standards, 13,
Relocation
a. The City shall have the right to require
VERIZON to alter, adjust, relocate, re -attach,
secure, or protect in place its Facilities within
the public right-of-way when reasonably
necessary for construction, alteration, repair,
or improvement of any portion of the public
rights-of-way for purposes of public welfare,
health, or safety ("Public Improvements").
Such Public Improvements include, but are
not limited to: public rights-of-way
construction; public rights-of-way repair
(including resurfacing or widening); change of
public rights-of-way grade; construction,
installation or repair of sewers, drains, water
pipes, power lines, signal lines,
communication lines, or any other type of
government-owned communications, utility,
or public transportation systems, public work,
public facility, or improvement of any
government-owned utility; public rights-of-way
vacation, and the construction of any public
improvement or structure by any
governmental agency acting in a
governmental capacity.
a. The City shall have the right to require
Franchisee to alter, adjust, relocate, re -attach,
secure, or protect in place its Facilities within
the public right-of-way when reasonably
necessary for construction, alteration, repair,
or improvement of any portion of the Public
Rights -of -Way for purposes of public welfare,
health, or safety ("Public Improvements").
Such Public Improvements include, but are
not limited to: Public Rights -of -Way
construction; Public Rights -of -Way repair
(including resurfacing or widening); change of
Public Rights -of -Way grade; construction,
installation, or repair of sewers, drains, water
pipes, power lines, signal lines,
communication lines, or any other type of
government-owned communications, utility or
public transportation systems, public work,
public facility, or improvement of any
government-owned utility; Public Rights -of -
Way vacation, and the construction of any
public improvement or structure by any
governmental agency acting in a
governmental capacity. In the event the City
requires Franchisee to relocate its Facilities,
the City shall provide Franchisee with written
notice requesting such relocation, along with
plans for the public improvement that are
sufficiently complete to allow for the initial
evaluation, coordination, and the development
of a relocation plan. The City and Franchisee
shall meet at a time and location determined
by the City to discuss the project requirements
including critical timelines, schedules,
construction standards, utility conflicts, as -built
requirements, and other pertinent relocation
plan details. The City shall notify Franchisee
as soon as practicable of the need for
a. The City shall have the right to require
Mobilitie to alter, adjust, relocate, re -attach,
secure, or protect in place its Facilities within
the public right-of-way when reasonably
necessary for construction, alteration, repair,
or improvement of any portion of the Public
Rights -of -Way for purposes of public welfare,
health, or safety ("Public Improvements").
Such Public Improvements include, but are
not limited to: Public Rights -of -Way
construction; Public Rights -of -Way repair
(including resurfacing or widening); change of
Public Rights -of -Way grade; construction,
installation, or repair of sewers, drains, water
pipes, power lines, signal lines,
communication lines, or any other type of
government-owned communications, utility or
public transportation systems, public work,
public facility, or improvement of any
government-owned utility; Public Rights -of -
Way vacation, and the construction of any
public improvement or structure by any
governmental agency acting in a
governmental capacity. In the event the City
requires Mobilitie to relocate its Facilities, the
City shall provide Mobilitie with written notice
requesting such relocation, along with plans
for the Public Improvement that are sufficiently
complete to allow for the initial evaluation,
coordination, and the development of a
relocation plan. The City and Mobilitie shall
meet at a time and location determined by the
City to discuss the project requirements
including critical timelines, schedules,
construction standards, utility conflicts, as -built
requirements, and other pertinent relocation
plan details. The City shall notify Mobilitie as
soon as practicable of the need for relocation
Language preference negotiated specific to
Mobilitie Agreement, intent of the section is
unchanged
"Public Rights -of -Way" and the use of
capital letters indicates the publicly owned
ROW specific to the Franchise and the
City's rights to require relocation. Change
included after Verizon Agreement was
approved.
Addition to last sentence negotiated
specific to Mobilitie Agreement
11
Comparison of Small CeII Franchise Agreements
Location
Verizon Agreement
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
Section 6.
Construction
Provisions and
Standards, 13,
Relocation
Section 6.
Construction
Provisions and
Standards, 13,
Relocation
relocation and shall specify the date by which
relocation shall be completed. Except in case
of emergency such notice shall be no less
than 90 days.
c. VERIZON may, after receipt of written
notice requesting a relocation of its Facilities,
submit to the City written alternatives to such
relocation within the time specified by the
City. Such alternatives shall include the use
and operation of temporary Facilities in
adjacent rights-of-way. The City shall
evaluate such alternatives and advise
VERIZON in writing if one or more of the
alternatives are suitable to accommodate the
work, which would otherwise necessitate
relocation of the Facilities. If requested by
the City, VERIZON shall submit additional
information to assist the City in making such
evaluation. The City shall give each
alternative proposed by VERIZON full and fair
consideration. In the event the City, in its
sole discretion, decides not to accept the
alternatives suggested by VERIZON,
VERIZON shall relocate its Facilities as
n�hon..ioo or��n�f�rrl in q-c+./.ti^n h'
s':b r3M�NDh 5
Section 6.
Construction
Provisions and
Standards
e. If during the construction, repair, or
maintenance of the City's
project an unexpected conflict occurs from
VERIZON's Facilities, VERIZON shall, upon
notification from the City, respond within 24
hours to resolve the conflict.
c. Franchisee may, after receipt of written
notice requesting a relocation of its Facilities,
submit to the City written alternatives to such
relocation within the time specified by the City.
Such alternatives shall include the use and
operation of temporary Facilities in adjacent
rights-of-way. The City shall evaluate such
alternatives and advise Franchisee in writing if
one or more of the alternatives are suitable to
accommodate the work, which would
otherwise necessitate relocation of the
Facilities. If requested by the City, Franchisee
shall submit additional information to assist
the City in making such evaluation. The City
shall give each alternative proposed by
Franchisee full and fair consideration. In the
event the City, in its sole discretion, decides
not to accept the alternatives suggested by
Franchisee, Franchisee shall relocate its
Facilities as
public improvement
directed bv the City
and shall specify the date by which relocation
shall be completed. Except in case of
emergency, such notice shall be no less than
90 days before the relocation is to be
completed.
c. Mobilitie may, after receipt of written
notice requesting a relocation of its Facilities,
submit to the City written alternatives to such
relocation within the time specified by the City.
Such alternatives shall include the use and
operation of temporary Facilities in adjacent
rights-of-way. The City shall evaluate such
alternatives and advise Mobilitie in writing if
one or more of the alternatives are suitable to
accommodate the work, which would
otherwise necessitate relocation of the
Facilities. If requested by the City, Mobilitie
shall submit additional information to assist
the City in making such evaluation. The City
shall give each alternative proposed by
Mobilitie full and fair consideration. In the
event the City, in its sole discretion, decides
not to accept the alternatives suggested by
Mobilitie, Mobilitie shall relocate its Facilities
as
e. If during the construction, repair, or
maintenance of the City's public improvement
project an unexpected conflict occurs from
Franchisee's Facilities, Franchisee shall, upon
notification from the City, respond within 24
hours to resolve the conflict.
directed bv the City.
Change gives more control to the City to
direct relocation but does not give authority
to go beyond authority or requirements
defined within the Franchise.
e. If during the construction, repair, or
maintenance of the City's Public Improvement
project an unexpected conflict occurs from
Mobilitie's Facilities, Mobilitie shall, upon
notification from the City, respond within 24
hours to resolve the conflict.
Use of "Public Improvement" clarifies that
the project in question specifically relates to
the Relocation section of the Franchise
Agreement. Negotiated specific to Mobilitie
Agreement
14. Removal or Abandonment. Upon
the removal from service of any service
antennas or other associated structures,
Facilities and amenities, VERIZON shall
comply with all applicable standards and
requirements prescribed by the City of
Tukwila's Public Works Department for the
removal or abandonment of said structures
and Facilities. No facility constructed or
owned by VERIZON shall be abandoned
without the express written consent of the
City.
14. Removal or Abandonment. Upon the
removal from service of any service antennas
or other associated structures, Facilities
and/or amenities, Franchisee shall comply
with all applicable standards and requirements
prescribed by the City of Tukwila's Public
Works Department for the removal or
abandonment of said structures and Facilities.
No Facility Constructed or owned by
Franchisee shall be abandoned without the
express written consent of the City.
12
14. Removal or Abandonment. Upon the
removal from service of any service antennas
or other associated structures, Facilities
and/or amenities, Mobilitie shall comply with
all applicable standards and requirements
prescribed by the City of Tukwila's Public
Works Department for the removal or
abandonment of said structures and Facilities.
No Facility Constructed or owned by Mobilitie
shall be abandoned without the express
written consent of the City.
Inclusion of "/or" provides clarity on removal
and abandonment definition.
Use of "Facilities Constructed" implies the
facility in question is specifically related to
the Agreements
Comparison of Small CeII Franchise Agreements
Location
Verizon Agreement
AT&T/Cingular Agreement
Section 6.
Construction
Provisions and
Standards
Section 6.
Construction
Provisions and
Standards
15. Bond. Before undertaking any of the
work, installation, improvements,
construction, repair, relocation, or
maintenance authorized by this Franchise
Agreement, VERIZON shall, upon the request
of the City, furnish one bond executed by
VERIZON for all of its Facilities in the City's
rights-of-way, in such sum as may be set and
approved by the City as sufficient to ensure
performance of VERIZON's obligations under
this Franchise Agreement, provided,
however, that such sum shall not exceed
150% of the cost of the Telecommunications
System to be installed by VERIZON in the
City rights-of-way. At VERIZON's sole
option, VERIZON may provide alternate
security in the form of an assignment of funds
or a letter of credit, in the same amount as
the bond. All forms of security shall be in the
form reasonably acceptable to the City. The
bond shall be conditioned so that VERIZON
shall observe all the covenants, terms, and
conditions and shall faithfully perform all of
the obligations of this Franchise Agreement,
and to repair or replace any defective
VERIZON work or materials discovered in the
City's roads, streets, or property.
15. Bond. Before undertaking any of the
work, installation, improvements, construction,
repair, relocation, or maintenance authorized
by this Franchise Agreement, Franchisee
shall, upon the request of the City, furnish one
bond executed by Franchisee for all of its
Facilities in the City's rights-of-way, in the
amount of $25,000.00. At Franchisee's sole
option, Franchisee may provide alternate
security in the form of an assignment of funds
or a letter of credit, in the same amount as the
bond. All forms of security shall be in a form
reasonably acceptable to the City. The bond
shall be conditioned so that Franchisee shall
observe all the covenants, terms, and
conditions and shall faithfully perform all of the
obligations of this Franchise Agreement, and
repair or replace any defective Franchisee
work or materials discovered in the City's
roads, streets, or property.
Mobilitie Agreement
15. Bond. Before undertaking any of the
work, installation, improvements,
Construction, repair, relocation, or
maintenance authorized by this Franchise
Agreement, Mobilitie shall, upon the request
of the City, furnish one bond executed by
Mobilitie for all of its Facilities in the City's
rights-of-way, in the amount of $25,000.00. At
Franchisee's sole option, Franchisee may
provide alternate security in the form of an
assignment of funds or a letter of credit, in the
same amount as the bond. All forms of
security shall be in a form reasonably
acceptable to the City. The bond shall be
conditioned so that Mobilitie shall observe all
the covenants, terms, and conditions and shall
faithfully perform all of the obligations of this
Franchise Agreement, and repair or replace
any defective Mobilitie work or materials
discovered in the City's roads, streets, or
property.
18. Recovery of Costs. VERIZON shall
be subject to all permit fees associated with
activities undertaken through the authority
granted in this Franchise Agreement or under
ordinances of the City in effect on the date
the permits and authorizations are issued for
the affected Facilities. Where the City incurs
reasonable costs and expenses for review or
inspection of activities undertaken through
the authority granted in this Franchise
Agreement or any ordinances relating to the
subject for which permit fees have not been
established, VERIZON shall pay such
reasonable costs and expenses directly to the
City.
18. Recovery of Costs. Franchisee shall
be subject to all permit fees associated with
activities undertaken through the authority
granted in this Franchise Agreement or under
ordinances of the City in effect on the date the
permits and authorizations are issued for the
affected Facilities. Where the City incurs
costs and expenses for review or inspection of
activities undertaken through the authority
granted in this Franchise Agreement or any
ordinances relating to the subject for which
permit fees have not been established,
Franchisee shall pay such costs and
expenses directly to the City.
Discussion
Negotiated differences between
Agreements.
18. Recovery of Costs. Mobilitie shall be
subject to all permit fees associated with
activities undertaken through the authority
granted in this Franchise Agreement or under
ordinances of the City in effect on the date the
permits and authorizations are issued for the
affected Facilities. Where the City incurs
costs and expenses for review or inspection of
activities undertaken through the authority
granted in this Franchise Agreement or any
ordinances relating to the subject for which
permit fees have not been established,
Mobilitie shall pay such reasonable costs and
expenses directly to the City.
Negotiated change to ensure that any costs
incurred by the City are recovered without
the qualifier of "reasonable"
13
Comparison of Small CeII Franchise Agreements
Location
Section 7.
Franchise
Compliance
Section 7.
Franchise
Compliance, B,
Emergency
Actions
Verizon Agreement
A. Franchise Violations. The failure by
VERIZON to fully comply with any of the
provisions of this Franchise Agreement may
result in a written notice from the City that
describes the violations of the Franchise
Agreement and requests remedial action
within 60 days of receipt of such notice. If
VERIZON has not attained full compliance at
the end of the 60 -day period following receipt
of the violation notification, the City may
declare an immediate termination of all
franchise rights and privileges, provided that
full compliance was reasonably possible
within that 60 -day period.
1. If any of VERIZON's actions under this
Franchise Agreement, or any failure by
VERIZON to act to correct a situation caused
by VERIZON, is reasonably deemed by the
City to create a threat to life or property,
financial harm, or cause a delay of the
construction, repair or maintenance of the
public improvement, the City may order
VERIZON to immediately correct said threat,
financial harm, or delay or, at the City's
discretion, the City may undertake measures
to correct said threat, financial harm or delay
itself; provided that, when possible, the City
shall notify VERIZON in writing and give
VERIZON an opportunity to correct within a
specified time said threat, financial harm or
delay before undertaking such corrective
measures.
AT&T/Cingular Agreement
A. Franchise Violations. The failure by
either the City or Franchisee (the "Defaulting
Party") to fully comply with any of the
provisions of this Franchise Agreement may
result in a written notice from the other party
that describes the
violations of the Franchise Agreement and
requests remedial action within 60 days of
receipt of such notice. If the Defaultina Party
has not attained full compliance at the end of
the 60 -day period following receipt of the
violation notification, the Non-Defaultina Partv
may declare an immediate termination of this
Franchise Agreement, provided that full
compliance was reasonably possible within
that 60 -day period.
(the "Non -Defaulting Partv")
1. If any of Franchisee's actions under
this Franchise Agreement, or any failure by
Franchisee to act to correct a situation caused
by Franchisee, is reasonably deemed by the
City to create a threat to life or property,
financial harm, or cause a delay of the
construction, repair or maintenance of the
public improvement, the City may order
Franchisee to immediately correct said threat,
financial harm, or delay or, at the City's
discretion, the City may undertake measures
to correct said threat, financial harm or delay
itself; provided that, when possible, the City
shall notify Franchisee and give Franchisee
an opportunity to correct within a specified
time said threat, financial harm, or delay
before undertaking such corrective measures.
14
Mobilitie Agreement
A. Franchise Violations. The failure by
Mobilitie to fully comply with any of the
provisions of this Franchise Agreement may
result in a written notice from the City that
describes the violations of the Franchise
Agreement and requests remedial action
within 60 days of receipt of such notice. If
Mobilitie has not attained full compliance at
the end of the 60 -day period following receipt
of the violation notification, the City may
declare an immediate termination of all
franchise rights and privileges, provided that
full compliance was reasonably possible
within that 60 -day period.
1. If any of Mobilitie's actions under this
Franchise Agreement, or any failure by
Mobilitie to act to correct a situation caused by
Mobilitie, is reasonably deemed by the City to
create a threat to life or property, financial
harm, or cause a delay of the construction,
repair or maintenance of the public
improvement, the City may order Mobilitie to
immediately correct said threat, financial
harm, or delay or, at the City's discretion, the
City may undertake measures to correct said
threat, financial harm or delay itself; provided
that, when possible, the City shall notify
Mobilitie and give Mobilitie an opportunity to
correct within a specified time said threat,
financial harm, or delay before undertaking
such corrective measures.
Discussion
Change provides direction should the City
be the Defaulting Party in the agreement.
Risk to the City is low.
"in writing" removed to all for all types of
notices to be used.
Comparison of Small CeII Franchise Agreements
Location
1 Verizon Agreement
AT&T/Cingular Agreement Mobilitie Agreement
Discussion
Section 8.
Insurance.
A. VERIZON shall maintain Commercial
General liability insurance during the full term
of this Franchise Agreement for bodily injury
(including death) and property damages. The
limit of liability shall be a combined single limit
in the amount of $2,000,000 for each
occurrence and $2,000,000 general
aggregate.
A. Franchisee shall maintain liability A. Mobilitie shall maintain liability
insurance during the full term of this Franchise insurance during the full term of this Franchise
Agreement for personal injury and property Agreement for personal injury and property
damages which may arise from or in damages which may arise from or in
connection with operations or activities connection with operations or activities
performed by or on Franchisee's behalf with performed by or on Franchisee's behalf with
the issuance of this Franchise. The the issuance of this Franchise. The
Franchisee's maintenance of insurance as Franchisee's maintenance of insurance as
required by the Franchise Agreement shall not
be construed to limit the liability of Franchisee
to the coverage provided by such insurance,
or otherwise limit the City's recourse to any
remedy available at law or in equity.
required by the Franchise Agreement shall not
be construed to limit the liability of Franchisee
to the coverage provided by such insurance,
or otherwise limit the City's recourse to any
remedy available at law or in equity.
Notwithstanding anvthinq to the contrary,
Mobilitie may satisfy the foreaoina insurance
requirements through a combination of
commercial general liability insurance and
umbrella or excess liability insurance.
Changes to the required insurance
coverage was negotiated with
AT&T/Cingular and Mobilitie after
recommendations by WCIA. The insurance
coverage in the Mobilitie and AT&T
Franchises provides significantly higher
coverage than the Verizon Franchise.
Mobilitie negotiated last clause to allow
flexibility in meeting the higher coverage
requirements through umbrella and/or
excess liability insurance.
Section 8.
Insurance.
B. Such insurance shall include as
additional insured, the City, its officers,
officials, and employees as their interest may
appear under this Franchise Agreement,
excluding worker's compensation and
employer's liability; shall apply as primary
insurance; and shall stipulate that no
insurance affected by the City will be called
on to contribute to a loss covered thereunder.
Upon receipt of notice from its insurer(s) that
any insurance required by this Franchise
Agreement will be cancelled or will not be
renewed, and VERIZON will not replace such
insurance with coverage as required by this
Franchise Agreement, VERIZON shall
provide the City with 30 days prior written
notice of such cancellation. Notice shall be
provided as required by Section 12 below.
Should the City receive such notice, at City's
discretion, the City may send a notice of
default to VERIZON allowing VERIZON 15
days to cure its failure to maintain insurance
as required by this Franchise Agreement. If
VERIZON fails to cure the default within such
15 -day period, the City may unilaterally
terminate this Franchise Agreement by
sending a written notice of termination to
VERIZON.
B. Such required insurance shall include
as additional insured, the City, its officers,
officials, and employees as their interest may
appear under this Franchise Agreement,
excluding worker's compensation and
employer's liability; shall apply as primary
insurance; shall stipulate that no insurance
affected by the City will be called on to
contribute to a loss covered thereunder.
1. Commercial General Liability
insurance shall be at least as broad as
Insurance Services Office (ISO) occurrence
form CG 00 01 and shall cover liability arising
from premises, operations, independent
contractors, products -completed operations,
stop gap liability, personal injury and
advertising injury, and liability assumed under
an insured contract. The Franchisee's
Commercial General Liability insurance shall
provide limits of $5,000,000 each occurrence;
$10,000,000 aggregate. There shall be no
exclusion for liability arising from explosion,
collapse or underground property damage.
The City shall be included as an additional
insured under the Permittee's Commercial
General Liability insurance policy using ISO
Additional Insured—State or Political
Subdivisions—Permits CG 20 12 or a
substitute endorsement providing at least as
broad coverage.
B. Such required insurance shall include as
additional insured, the City, its officers,
officials, and employees as their interest may
appear under this Franchise Agreement,
excluding worker's compensation and
employer's liability; shall apply as primary
insurance; shall stipulate that no insurance
affected by the City will be called on to
contribute to a loss covered thereunder.
1. Commercial General Liability
insurance shall be at least as broad as
Insurance Services Office (ISO) occurrence
form CG 00 01 and shall cover liability arising
from premises, operations, independent
contractors, products -completed operations,
stop gap liability, personal injury and
advertising injury, and liability assumed under
an insured contract. The Franchisee's
Commercial General Liability insurance shall
provide limits of $5,000,000 each occurrence;
$10,000,000 aggregate. There shall be no
exclusion for liability arising from explosion,
collapse or underground property damage.
The City shall be included as an additional
insured under the Permittee's Commercial
General Liability insurance policy using ISO
Additional Insured—State or Political
Subdivisions—Permits CG 20 12 or a
substitute endorsement providing at least as
broad coverage.
Changes to the required insurance
coverage was negotiated with
AT&T/Cingular and Mobilitie after
recommendations by WCIA. The insurance
coverage in the Mobilitie and AT&T
Franchises provides significantly higher
coverage than the Verizon Franchise.
I
15
Comparison of Sall Cell Franchise Agreements
Location
Verizon Agreement
AT&TlCingular Agreement ;
Mob'rlitie;Agree ment
Discussion
2. Automobile Liability insurance
2. Automobile Liability insurance
covering all owned, non-owned, hired and
covering all owned, non-owned, hired and
leased vehicles. Automobile Liability
leased vehicles. Automobile Liability
insurance shall have a combined single limit
insurance shall have a combined single limit
for bodily injury and property damage of
for bodily injury and property damage of
$3,000,000 per accident. Coverage shall be
$3,000,000 per accident. Coverage shall be
at least as broad as Insurance Services Office
at least as broad as Insurance Services Office
(ISO) form CA 00 01.
(ISO) form CA 00 01.
3. Further, franchisee shall maintain
3. Further, franchisee shall maintain
Pollution Liability insurance (or Franchisee
Pollution Liability insurance (or Franchisee
shall self-insure the same) covering losses
shall self-insure the same) covering losses
caused by pollution conditions that arise in
caused by pollution conditions that arise in
connection with this Franchise. Franchisee's
connection with this Franchise. Franchisee's
Pollution Liability insurance shall be written in
Pollution Liability insurance shall be written in
an amount of $1,000,000 per loss, with an
an amount of $1,000,000 per loss, with an
annual aggregate of $1,000,000. Pollution
annual aggregate of $1,000,000. Pollution
Liability insurance shall cover bodily injury,
property damage, cleanup costs, and defense,
including costs and expenses incurred in the
Liability insurance shall cover bodily injury,
property damage, cleanup costs, and defense,
including costs and expenses incurred in the
investigation, defense, or settlement of claims.
investigation, defense, or settlement of claims.
4. Insurance is to be placed with
4. Insurance is to be placed with
insurers with a current A.M. Best rating of not
insurers with a current A.M. Best rating of not
less than A minus: VII.
less than A minus: VII.
5. Notwithstanding the foregoing,
5. Notwithstanding the foregoing,
Licensee may, in its sole discretion, self insure
Licensee may, in its sole discretion, self insure
any of the required insurance under the same
any of the required insurance under the same
terms as required by this agreement as long
terms as required by this Agreement as long
as Franchisee or its affiliated parent maintains
as Franchisee or its affiliated parent maintains
a net worth of at least $200,000,000 as
a net worth of at least $200,000,000 as
evidenced in its annual certified financials. In
evidenced in its annual certified financials. In
the event Franchisee elects to self-insure its
the event Franchisee elects to self-insure its
obligation under this Agreement to include the
obligation under this Agreement to include the
City as an additional insured, the following
City as an additional insured, the following
conditions apply:
conditions apply:
(a) the City shall promptly and no later
a. the City shall promptly and no later
than 30 days after notice thereof provide
than 30 days after notice thereof provide
Franchisee with written notice of any claim,
demand, lawsuit, or the like for which it seeks
Franchisee with written notice of any claim,
demand, lawsuit, or the like for which it seeks
coverage pursuant to this section and provide
coverage pursuant to this section and provide
Franchisee with copies of any demands,
notices, summonses, or legal papers received
Franchisee with copies of any demands,
notices, summonses, or legal papers received
in connection with such claim, demand,
lawsuit, or the like;
in connection with such claim, demand,
lawsuit, or the like;
16
Comparison of Small CeII Franchise Agreements
Location
Verizon Agreement
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
Section 8.
Insurance.
(b) the City shall not settle any such
claim, demand, lawsuit, or the like without the
prior written consent of Franchisee; and
(c) the City shall fully cooperate with
Franchisee in the defense of the claim,
demand, lawsuit, or the like.
C. VERIZON's contractors and
subcontractors performing Work in the Public
Rights -of -Way shall comply with such bond,
indemnity, and insurance requirements as
may be required by City code or regulations,
or other applicable Law. Any contractors or
subcontractors performing Work within the
Public Rights -of -Way on behalf of VERIZON
shall be deemed servants and agents of
VERIZON for the purposes of this Franchise
Agreement and are subject to the same
restrictions, limitations, and conditions as if
the Work were performed by VERIZON.
VERIZON shall be responsible for all Work
performed by its contractors and
subcontractors and others performing Work
on its behalf as if the Work were performed
by it, and shall ensure that all such Work is
performed in compliance with this Franchise
Agreement and other applicable laws, and
shall be jointly and severally liable for all
damages and correcting all damage caused
by them. It is VERIZON's responsibility to
ensure that contractors, subcontractors, or
other Persons performing Work on
VERIZON's behalf are familiar with the
requirements of this Franchise Agreement
and other applicable Laws governing the
Work performed by them.
b. the City shall not settle any such
claim, demand, lawsuit, or the like without the
prior written consent of Franchisee; and
c. the City shall fully cooperate with
Franchisee in the defense of the claim,
demand, lawsuit, or the like.
C. Franchisee's contractors and
subcontractors performing Work in the Public
Rights -of -Way shall comply with such bond,
indemnity, and insurance requirements as
may be required by City code or regulations,
or other applicable Law. Any contractors or
subcontractors performing Work within the
Public Rights -of -Way on behalf of Franchisee
shall be deemed servants and agents of
Franchisee for the purposes of this Franchise
and are subject to the same restrictions,
limitations, and conditions as if the Work were
performed by Franchisee. Franchisee shall
be responsible for all Work performed by its
contractors and subcontractors and others
performing Work on its behalf as if the Work
were performed by it, and shall ensure that all
such Work is performed in compliance with
this Franchise and other applicable laws, and
shall be jointly and severally liable for all
damages and correcting all damage caused
by them. It is Franchisee's responsibility to
ensure that contractors, subcontractors, or
other Persons performing Work on
Franchisee's behalf are familiar with the
requirements of this Franchise and other
applicable Laws governing the Work
performed by them. Notwithstanding the
foregoing, neither Franchisee nor any of its
contractors, subcontractors, or other Persons
performing work on Franchisee's behalf shall
be required to apply any new laws to existing
Facilities unless required by law.
D. The Franchisee shall provide the
City with written notice of any required policy
cancellation at least 30 days prior to the
effective date of such cancellation if sucl4
coverage is not replaced. Failure on the part
of Franchisee to maintain the insurance as
required shall constitute a material breach of
C. Franchisee's contractors and
subcontractors performing Work in the Public
Rights -of -Way shall comply with such bond,
indemnity, and insurance requirements as
may be required by City code or regulations,
or other applicable Law. Any contractors or
subcontractors performing Work within the
Public Rights -of -Way on behalf of Franchisee
shall be deemed servants and agents of
Franchisee for the purposes of this Franchise
and are subject to the same restrictions,
limitations, and conditions as if the Work were
performed by Franchisee. Franchisee shall
be responsible for all Work performed by its
contractors and subcontractors and others
performing Work on its behalf as if the Work
were performed by it, and shall ensure that all
such Work is performed in compliance with
this Franchise and other applicable laws, and
shall be jointly and severally liable for all
damages and correcting all damage caused
by them. It is Franchisee's responsibility to
ensure that contractors, subcontractors, or
other Persons performing Work on
Franchisee's behalf are familiar with the
requirements of this Franchise and other
applicable Laws governing the Work
performed by them.
D. The Franchisee shall provide the
City with written notice of any policy
cancellation, within two business days of their
receipt of such notice if coverage is not
replaced. Failure on the part of Franchisee to
maintain the insurance as required shall
constitute a material breach of the Franchise,
upon which the City may, after giving five
business days' notice to Franchisee to correct
the breach, immediately terminate the
Franchise or, at its discretion, procure or
renew such insurance and pay any and all
Changes to the required insurance
coverage was negotiated with
AT&T/Cingular and Mobilitie after
recommendations by WCIA.
17
Comparison of Small CeII Franchise Agreements
Location
Verizon Agreement
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
Section 10.
Transfer of
Ownership.
A. The rights, privileges, benefits, title, or
interest provided by this Franchise shall not
be sold, transferred, assigned or otherwise
encumbered, without the prior written consent
of the City, with such consent not being
unreasonably withheld or delayed. No such
consent shall be required, however, for a
transfer in trust, by other hypothecation, or by
assignment or any rights, title or interest in
VERIZON's telecommunications system in
order to secure indebtedness. Approval shall
not be required for mortgaging purposes
provided that the collateral pledged for any
mortgage shall not include the assets of this
franchise. Approval shall not be required for
any transfer from VERIZON to another
rlp re.nn nr Leri+i+., ccn+rrllir.2. ccr.+rvlle.+ Sir
II
+ I ..,i+_ /
•
7 1
•
VERIZON may license Fac!!!t!e tc ether
t e -ro u,i+hni i+ +h,- nnnonrj+ of +ho i`i+., nrn.,irI j{
that VE°'ZOM r4'*)?L`1C CfS1Pl`l cPCnnn;i lle fnr
the terms arsnr'f-itions out !neo in this
Fr,�rrhiSe llnrPnmPrt
the Franchise, upon which the City may, after
giving five business days' notice to Franchisee
to correct the breach, immediately terminate
the Franchise or, at its discretion, procure or
renew such insurance and pay any and all
premiums in connection therewith, with any
reasonable sums so expended to be repaid to
the City on demand.
premiums in connection therewith, with any
reasonable sums so expended to be repaid to
the City on demand.
A. The rights, privileges, benefits, title, or
interest provided by this Franchise shall not
be sold, transferred, assigned or otherwise
encumbered, without the prior written consent
of the City, with such consent not being
unreasonably withheld or delayed. No such
consent shall be required, however, for a
transfer in trust, by other hypothecation, or by
assignment or any rights, title or interest in
Franchisee's telecommunications system in
order to secure indebtedness. Approval shall
not be required for mortgaging purposes
provided that the collateral pledged for any
mortgage shall not include the assets of this
franchise. Approval shall not be required for
any transfer from Fracch see tc another
person nr ert!ty cent c!!!ny controlled by, or
�nrler nnmmnn contrc! with Franchisee
rcrrarchiscc mcy IicensP %ers tecthPr us&s
r
Franchisee rnmainc solely c pnnsihln for tho
terms and cnrli+inns cu+Iinod in this Franchico
Agreement.
18
A. The rights, privileges, benefits, title, or
interest provided by this Franchise shall not
be sold, transferred, assigned or otherwise
encumbered, without the prior written consent
of the City, with such consent not being
unreasonably withheld, conditioned, or
delayed. No such consent shall be required,
however, for a transfer in trust, by other
hypothecation, or by assignment or any rights,
title or interest in Mobilitie's Network in order
to secure indebtedness. Approval shall not be
required for mortgaging purposes provided
that the collateral pledged for any mortgage
shall not include the assets of this franchise.
Approval shall not be required for any transfer
from Mobilitie to an Affiliate or to any entity
into which Mobilitie may be merged or
consolidated or which purchases all or
substantially all of the assets of Mobilitie that
are subiect to this Agreement. The parties
agree and acknowledge that. notwithstanding
anything in this Agreement to the contrary.
certain Facilities deployed by Mobilitie in the
Public Rights -of -Way pursuant to this
Agreement may be owned by Mobilitie's third -
party wireless carrier customers ("Carriers
and installed and maintained by Mobilitie
Pursuant to license agreements between
Mobilitie and such Carriers. Such Facilities
shall be treated as Mobilitie's Facilities for all
purposes under this Agreement and
sublicensina shall not reauire the City's
consent provided that: (i) Mobilitie remains
responsible and liable for all performance
obligations under the Agreement with respect
to such Facilities: (ii) the City's sole point of
contact regarding such Facilities shall be
Mobilitie: and (iii) Mobilitie shall have the right
to remove and relocate the Facilities.
Negotiated changes specific to Mobilitie
Agreement
Comparison of Small Cell Franchise Agreements
Location
Verizon Agreement
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
Section 10.
Transfer of
Ownership.
B. In any transfer of this Franchise which
requires the approval of the City, VERIZON
shall show that the recipient of such transfer
has the technical ability, financial capability,
and any other legal or general qualifications
as reasonably determined by the City to be
necessary to ensure that the obligations and
terms required under this Franchise
Agreement can be met to the full satisfaction
of the City. This Franchise may not be
transferred without filing or establishing with
the City the insurance certificates, security
fund, and performance bond as required
pursuant to this Franchise. The qualifications
of any transferee shall be determined by a
hearing before the City Council and the
approval to such transfer shall be granted by
resolution of the City Council.
B. In any transfer of this Franchise which
requires the approval of the City, Franchisee
shall show that the recipient of such transfer
has the technical ability, financial capability,
and any other legal or general qualifications
as reasonably determined by the City to be
necessary to ensure that the obligations and
terms required under this Franchise
Agreement can be met to the full satisfaction
of the City. This Franchise may not be
transferred without filing or establishing with
the City the insurance certificates, security
fund, and performance bond as required
pursuant to this Franchise. The qualifications
of any transferee shall be determined by a
hearing before the City Council and the
approval to such transfer shall be granted by
resolution of the City Council.
Section 11.
Administrative
Fees.
Section 11.
Administrative
Fees.
A. Pursuant to the Revised Code of
Washington (RCW), the City is precluded
from imposing franchise fees for "telephone
businesses" as defined in RCW 82.16.010, or
"service provider" as defined in RCW
35.99.010, except that fees may be collected
for administrative expenses related to such
franchise. VERIZON does hereby warrant
that its operations, as authorized under this
Franchise Agreement, are those of a
telephone business as defined in RCW
82.16.010 or a service provider as defined in
35.99.010.
A. Pursuant to the Revised Code of
Washington (RCW), the City is precluded from
imposing franchise fees for "telephone
businesses" as defined in RCW 82.16.010, or
"service provider" as defined in RCW
35.99.010, except that fees may be collected
for administrative expenses related to such
franchise or site specific charges pursuant to
RCW 35.21.860(1)(e). Franchisee does
hereby warrant that its operations, as
authorized under this Franchise Agreement,
are those of a telephone business as defined
in RCW 82.16.010 or a service provider as
defined in 35.99.010.
D. In the event VERIZON submits a
request for work beyond the scope of this
Franchise Agreement, or submits a complex
project that requires significant
comprehensive plan review or inspection,
VERIZON shall reimburse the City for
franchise amendments and reasonable
expenses associated with the project.
VERIZON shall pay such costs within 60 days
of receipt of a bill from the City.
B. In any transfer of this Franchise which
requires the approval of the City, Mobilitie
shall show that the recipient of such transfer
has the technical ability, financial capability,
and any other legal or general qualifications
as reasonably determined by the City to be
necessary to ensure that the obligations and
terms required under this Franchise
Agreement can be met to the full satisfaction
of the City. This Franchise may not be
transferred without filing or establishing with
the City the insurance certificates, security
fund, and performance bond as required
pursuant to this Franchise. The qualifications
of any transferee in a transfer that requires the
approval of the City shall be determined by a
hearing before the City Council and the
approval to such transfer shall be granted by
resolution of the City Council.
Negotiated change specific to Mobilitie
Agreement
A. Pursuant to the Revised Code of
Washington (RCW), the City is precluded from
imposing franchise fees for "telephone
businesses" as defined in RCW 82.16.010, or
"service provider" as defined in RCW
35.99.010, except that fees may be collected
for administrative expenses related to such
franchise or site specific charges pursuant to
RCW 35.21.860(1)(e). Mobilitie does hereby
warrant that its operations, as authorized
under this Franchise Agreement, are those of
a telephone business as defined in RCW
82.16.010 or a service provider as defined in
35.99.010.
Negotiated change between Franchisees
D. In the event Franchisee submits a
request for work beyond the scope of this
Franchise Agreement, or submits a complex
project that requires significant
comprehensive plan review or inspection,
Franchisee shall reimburse the City for
franchise amendments and reasonable
expenses associated with the project.
Franchisee shall pay such costs within 30
days of receipt of a bill from the City.
D. In the event Mobilitie submits a request
for work beyond the scope of this Franchise
Agreement, or submits a complex project that
requires significant comprehensive plan
review or inspection, Mobilitie shall reimburse
the City for franchise amendments and
reasonable expenses associated with the
project. Mobilitie shall pay such costs within
30 days of receipt of a bill from the City.
Negotiated change more beneficial to the
City.
19
Comparison of Small CeII Franchise Agreements
Location
Section 13.
Indemnification
Section 13.
Indemnification
Section 13.
Indemnification
Verizon Agreement
A. VERIZON shall use reasonable and
appropriate precautions to avoid damage to
persons or property in the construction,
installation, repair, operation, and
maintenance of its structures and Facilities
within the Franchise Area. VERIZON shall
release, indemnify, defend, and hold the City
harmless from all claims, actions or damages,
including reasonable attorney's and expert
witness fees, which may accrue to or be
suffered by any person or persons,
corporation or property to the extent caused
in part or in whole by any act or omission of
VERIZON, its officers, agents, servants or
employees, carried on in the furtherance of
the rights, benefits, and privileges granted to
VERIZON by this Franchise.
B. To the extent of any concurrent
negligence between VERIZON and the City,
VERIZON's obligations under this paragraph
shall only extend to its share of negligence or
fault. The City shall have the right at all times
to participate through its own attorney in any
suit or action that arises out of any right,
privilege, and authority granted by or
'exercised pursuant to this Franchise
Agreement when the City determines that
such participation is required to protect the
interests of the City or the public. Such
participation by the City shall be at the City's
sole cost and expense.
C. With respect to the performance of this
Franchise and as to claims made by
VERIZON's employees against the City, its
officers, agents and employees, VERIZON
expressly waives its immunity under Title 51
of the Revised Code Washington, the
Industrial Insurance Act for injuries to its
officers, agents and employees and agrees
that the obligation to indemnify, defend and
hold harmless provided for in this paragraph
extends to any claim brought by or on behalf
of VERIZON's officers, agents or employees
against the City. This waiver is mutually
negotiated by the parties.
AT&T/Cingular Agreement
A. Franchisee shall use reasonable and
appropriate precautions to avoid damage to
persons or property in the construction,
installation, repair, operation, and
maintenance of its structures and Facilities
within the Franchise Area. Franchisee shall
release, indemnify, defend, and hold the City,
its agents, employees, officers, officials, and
volunteers harmless from all claims, actions,
losses, or damages, including reasonable
attorneys' and expert witness fees, which may
accrue to or be suffered by any person or
persons, corporation, or property to the extent
caused in part or in whole by any act or
omission of Franchisee, its officers, agents,
servants, or employees, carried on in the
furtherance of the rights, benefits, and
privileges granted to Franchisee by this
Franchise.
B. To the extent of any concurrent
negligence between Franchisee and the City,
Franchisee's obligations under this paragraph
shall only extend to its share of negligence or
fault. The City shall have the right at all times
to participate through its own attorney in any
suit or action which arises out of any right,
privilege, and authority granted by or
exercised pursuant to this Franchise
Agreement when the City determines that
such participation is required to protect the
interests of the City or the public. Such
participation by the City shall be at the City's
sole cost and expense.
C. With respect to the performance of this
Franchise and as to claims against the City,
its officers, agents and employees,
Franchisee expressly waives its immunity
under Title 51 of the Revised Code
Washington, the Industrial Insurance Act for
injuries to its officers, agents, and employees
and agrees that the obligation to indemnify,
defend, and hold harmless provided for in this
paragraph extends to any claim brought by or
on behalf of Franchisee's officers, agents, or
employees directly against the City, its
officers. agents, officials. employees, and
volunteers. This waiver is mutually negotiated
by the parties and the provisions of this
20
Mobilitie Agreement
A. Mobilitie shall use reasonable and
appropriate precautions to avoid damage to
persons or property in the Construction,
installation, repair, operation, and
maintenance of its structures and Facilities
within the Franchise Area. Mobilitie shall
release, indemnify, defend, and hold the City,.
its agents, employees. officers. officials. and
volunteers harmless from all claims, actions,
or damages, including reasonable attorneys'
and expert witness fees, which may accrue to
or be suffered by any person or persons,
corporation, or property to the extent caused
in part or in whole by any act or omission of
Mobilitie, its officers, agents, servants, or
employees, carried on in the furtherance of
the rights, benefits, and privileges granted to
Mobilitie by this Franchise.
B. To the extent of any concurrent
negligence between Mobilitie and the City,
Mobilitie's obligations under this paragraph
shall only extend to its share of negligence or
fault. The City shall have the right at all times
to participate through its own attorney in any
suit or action which arises out of any right,
privilege, and authority granted by or
exercised pursuant to this Franchise
Agreement when the City determines that
such participation is required to protect the
interests of the City or the public. Such
participation by the City shall be at the City's
sole cost and expense.
C. With respect to the performance of this
Franchise and as to claims against the City,
its officers, agents and employees, Mobilitie
expressly waives its immunity under Title 51
of the Revised Code Washington, the
Industrial Insurance Act for injuries to its
officers, agents, and employees and agrees
that the obligation to indemnify, defend, and
hold harmless provided for in this paragraph
extends to any claim brought by or on behalf
of Mobilitie's officers, agents, or employees
directly against the City, its officers, agents,
officials, employees. and volunteers. This
waiver is mutually negotiated by the parties
and the provisions of this section shall survive
Discussion
Negotiated change to expand
indemnification coverage.
Typographical correction from "attorney's"
to "attorneys'
Grammatical correction from "that" to
"which"
Negotiated changes to expand
indemnification coverage. Also extends the
coverage of this clause beyond the
termination of the Franchise Agreement.
Comparison of Small Cell Franchise Agreements
Location
Verizon Agreement
AT&T/Cingular Agreement
Mobilitie Agreement
Discussion
section shall survive the expiration or
termination of this Franchise Aareement.
the expiration or termination of this Franchise
Agreement.
Section 16.
Police Powers.
B. Nothing in this Franchise Agreement
shall be deemed to impose any duty or
obligation upon the City to determine the
adequacy or sufficiency of VERIZON's
Facilities. City's approvals and inspections
as provided herein are for the sole purpose of
protecting the City's rights as the owner
B. Nothing in this Franchise shall be
deemed to impose any duty or obligation upon
the City to determine the adequacy or
sufficiency of Franchisee's Facilities. City's
approvals and inspections as provided herein
are for the sole purpose of protecting the
City's rights as the owner and/or manager of
and/or manager of the Public Rights -of -Way the Public Rights -of -Way and shall not
and shall not constitute any representation or constitute any representation or warranty,
warranty, express or implied, as to the express or implied, as to the adequacy of the
adequacy of the design or Construction of the design or Construction of the Facilities or
Facilities or Telecommunications System, Telecommunications System, suitability of the
suitability of the Franchise area for Franchise Area for Construction, or any
Construction, or any obligation on the part of obligation on the part of the City to ensure that
the City to insure that Work or materials are Work or materials are in compliance with any
in compliance with any requirements imposed requirements imposed by a governmental
by a governmental entity. The City is under entity. The City is under no obligation or duty
no obligation or duty to supervise the design, { to supervise the design, Construction, or
Construction, or operation of the operation of the Telecommunications System.
Telecommunications System.
Section 17.
Future Rules,
Regulations
and
Specifications
Section 17. Future Rules, Regulations and
Specifications. VERIZON acknowledges
that the City may develop rules, regulations
and specifications, including a general
ordinance or other regulations governing
telecommunications operations in the City.
Such regulations, upon written notice to
VERIZON, shall thereafter govern
VERIZON's activities hereunder; provided,
hc:_,o:,cr, that in no event shall regulations:
1. materially interfere with or adversely
affect VERIZON's rights pursuant to and in
accordance with this Franchise Agreement;
or
2. be applied in a discriminatory
manner as it pertains to VERIZON and other
similar user of such facilities.
B. Nothing in this Franchise shall be
deemed to impose any duty or obligation upon
the City to determine the adequacy or
sufficiency of Franchisee's Facilities. City's
approvals and inspections as provided herein
are for the sole purpose of protecting the
City's rights as the owner and/or manager of
the Public Rights -of -Way and shall not
constitute any representation or warranty,
express or implied, as to the adequacy of the
design or Construction of the Facilities or
Network, suitability of the Franchise Area for
Construction, or any obligation on the part of
the City to ensure that Work or materials are
in compliance with any requirements imposed
by a governmental entity. The City is under
no obligation or duty to supervise the design,
Construction, or operation of the Network.
Negotiated change from
"Telecommunications System" to "Network"
specific to Mobilitie Agreement
Capitalization of "Area" to clarify that the
area in question is specific to the franchise
agreement, change throughout the AT&T
and Mobilitie agreements
Correction of typographical error from
"insure" to "ensure"
Section 17. Future Rules, Regulations, and
Specifications. Franchisee acknowledges
that the City may develop rules, regulations,
and specifications, including a general
ordinance or other regulations governing
telecommunications operations in the City.
Such regulations, upon written notice to
Franchisee, shall thereafter govern
Franchisee's activities hereunder. However,
in no event shall regulations:
1. Materially interfere with or adversely
affect Franchisee's rights pursuant to and in
accordance with this Franchise Agreement; or
2. Be applied in a discriminatory manner
as it pertains to Franchisee and other similar
user of such facilities.
Section 17. Future Rules, Regulations, and
Specifications.
A. Mobilitie acknowledges that the City
may develop rules, regulations, and
specifications, including a general ordinance
or other regulations governing
telecommunications operations in the City.
Such regulations, upon written notice to
Mobilitie, shall thereafter govern Mobilitie's
activities hereunder. However, in no event
shall regulations:
1. Materially interfere with or adversely
affect Mobilitie's rights pursuant to and in
accordance with this Franchise Agreement; or
2. Be applied in a discriminatory manner
as it pertains to Mobilitie and other similar
user of such facilities.
Preference changes, intent unchanged
21
Comparison of Small CeII Franchise Agreements
Location
Section 19.
Calculation of
Time.
Section 20.
Time Limits
Strictly
Construed.
Verizon Agreement
Section 19. Calculation of Time. Except
where a period of time refers to "business
days," all periods of time referred to herein
shall include Saturdays, Sundays, and legal
holidays in the State of Washington, except
that if the last day of any period falls on any
Saturday, Sunday, or legal holiday in the
State of Washington, the period shall be
extended to include the next day which is not
a Saturday, Sunday, or legal holiday in the
State of Washington; provided that, the
effective date shall be determined as
provided in this Franchise Agreement.
AT&T/Cingular Agreement
Section 19. Calculation of Time. Except
where a period of time refers to "business
days," all periods of time referred to herein
shall include Saturdays, Sundays, and legal
holidays in the State of Washington, except
that if the last day of any period falls on any
Saturday, Sunday, or legal holiday in the State
of Washington, the period shall be extended
to include the next day which is not a
Saturday, Sunday, or legal holiday in the State
of Washington; provided that, the Effective
Date shall be determined as provided in this
Franchise.
Mobilitie Agreement
Section 19. Calculation of Time. Except
where a period of time refers to "business
days," all periods of time referred to herein
shall include Saturdays, Sundays, and legal
holidays in the State of Washington, except
that if the last day of any period falls on any
Saturday, Sunday, or legal holiday in the State
of Washington, the period shall be extended
to include the next day which is not a
Saturday, Sunday, or legal holiday in the State
of Washington; provided that, the Effective
Date shall be determined as provided in this
Franchise.
Section 20. Time Limits Strictly
Construed. Whenever this Franchise
Agreement sets forth a time for any act to be
performed by VERIZON, such time shall be
deemed to be of the essence, and any failure
of VERIZON to perform within the allotted
time may be considered a Default of this
Franchise Agreement.
Section 20. Time Limits Strictly
Construed. Whenever this Franchise sets
forth a time for any act to be performed by
Franchisee, such time shall be deemed to be
of the essence, and any failure of Franchisee
to perform within the allotted time may be
considered a Default of this Franchise.
Discussion
Use of "Effective Date" defined under
Section 29 (see below)
Section 20. Time Limits Strictly
Construed. Whenever this Franchise sets
forth a time for any act to be performed by
Franchisee, such time shall be deemed to be
of the essence, and any failure of Franchisee
to perform within the allotted time may be
considered a Default of this Franchise upon
expiration of applicable notice and cure
periods,
Section 25.
Force Majeure.
Section 25.
Force Majeure.
A. In the event VERIZON is prevented
or delayed in the performance of any of its
obligations herein due to circumstances
beyond its control or by reason of a force
majeure occurrence, such as, but not limited
to, acts of God, acts of terrorism, war, riots,
civil disturbances, natural disasters, floods,
tornadoes, earthquakes, severe weather
conditions, employee strikes and unforeseen
labor conditions not attributable to
VERIZON's employees, VERIZON shall not
be deemed in Default of provisions of this
Franchise Agreement.
A. In the event Franchisee is prevented or
delayed in the performance of any of its
obligations herein due to circumstances
beyond its control or by reason of a force
majeure occurrence, such as, but not limited
to: acts of God, acts of terrorism, war, riots,
civil disturbances, natural disasters, floods,
tornadoes, earthquakes, severe weather
conditions, employee strikes, and/or
unforeseen labor conditions not attributable to
Franchisee or its employees, Franchisee shall
not be deemed in Default of provisions of this
Franchise.
Negotiated change specific to Mobilitie
Agreement
In the event Franchisee is prevented or Negotiated changes
delayed in the performance of any of its
obligations herein due to circumstances
beyond its control or by reason of a force
majeure occurrence, such as, but not limited
to: acts of God, acts of terrorism, war, riots,
civil disturbances, natural disasters, floods,
tornadoes, earthquakes, severe weather
conditions, employee strikes, and/or
unforeseen labor conditions not attributable to
Franchisee or its employees, Franchisee shall
not be deemed in Default of provisions of this
Franchise.
B. If VERIZON believes that
circumstances beyond its control or by
reason of a force majeure occurrence have
prevented or delayed its compliance with the
provisions of this Franchise Agreement,
VERIZON shall provide documentation as
rely required by the City to
substantiate VERIZON's claim. VERIZON
shall have a reasonable time, under the
circumstances, to perform the affected
obligation under this Franchise Agreement or
to procure a substitute for such obligation that
is satisfactory to the City;
B. If Franchisee believes that
circumstances beyond its control or by reason
of a force majeure occurrence have prevented
or delayed its compliance with the provisions
of this Franchise, Franchisee shall provide
documentation as required by the City to
substantiate Franchisee's claim. Franchisee
shall have a reasonable time, under the
circumstances, to perform the affected
obligation under this Franchise or to procure a
substitute for such obligation which is
satisfactory to the City;
B. If Franchisee believes that
circumstances beyond its control or by reason
of a force majeure occurrence have prevented
or delayed its compliance with the provisions
of this Franchise, Franchisee shall provide
documentation as required by the City to
substantiate Franchisee's claim. Franchisee
shall have a reasonable time, under the
circumstances, to perform the affected
obligation under this Franchise or to procure a
substitute for such obligation which is
satisfactory to the City;
Negotiated change to remove "reasonably"
Grammatical correction from "that" to
"which"
22
Comparison of Small Cell Franchise Agreements
Location
Section 26.
Attorneys'
Fees.
Verizon Agreement
Section 26. Attorneys' Fees. In the event a
suit, action, arbitration, or other proceeding of
any nature whatsoever, whether in contract or
in tort or both, is instituted to enforce any
word, article, section, subsection, paragraph,
provision, condition, clause or sentence of
this Franchise Agreement or its application to
any person or circumstance, the prevailing
Party shall be entitled to recover from the
losing Party its reasonable attorneys,
paralegals, accountants,
AT&T/Cingular Agreement
Section 26. Attorneys' Fees. In the event a
suit, action, arbitration, or other proceeding of
any nature whatsoever, whether in contract or
in tort or both, is instituted to enforce any
word, article, section, subsection, paragraph,
provision, condition, clause or sentence of this
Franchise or its application to any person or
circumstance, the prevailing Party shall be
entitled to recover from the losing Party its
reasonable attorneys', paralegals,
accountants,
Mobilitie Agreement
Section 26. Attorneys' Fees. In the event a
suit, action, arbitration, or other proceeding of
any nature whatsoever, whether in contract or
in tort or both, is instituted to enforce any
word, article, section, subsection, paragraph,
provision, condition, clause or sentence of this
Franchise or its application to any person or
circumstance, the prevailing Party shall be
entitled to recover from the losing Party its
reasonable attorneys', paralegals,
accountants,
Section 29.
Effective Date.
Section 29. Effective Date. This ordinance
or a summary thereof shall be published in
the official newspaper of the City, and shall
take effect and be in full force five days after
passage and publication as provided by law.
Section 29. Effective Date. This ordinance
or a summary thereof shall be published in the
official newspaper of the City, and shall take
effect and be in full force five days after
passage and publication as provided by law
(the "Effective Date").
1 Discussion
Grammatical correction
Section 29. Effective Date. This ordinance
or a summary thereof shall be published in the
official newspaper of the City, and shall take
effect and be in full force five days after
passage and publication as provided by law
(the "Effective Date").
Additional language further defines and
clarifies previous usages of "the Effective
Date" within the document
23