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HomeMy WebLinkAbout2019-06-25; City Council; ; Master License Agreement with New Cingular Wireless PCS, LLC to allow the use of city-owned street light and utility poles within the city's right-of-way for small cell fCAReview (2«__ ~ CITY COUNCIL ~ Staff Report Meeting Date To: From: Staff Contact: Subject June 25, 2019 Mayor and City Council Scott Chadwick, City Manager Curtis M. Jackson, Real Estate Manager Curtis.jackson@carlsbadca.gov or 760-434-2836 Master License Agreement with New Cingular Wireless PCS, LLC to allow the use of city-owned street light and utility poles within the city's right- of-way for small cell facilities. Recommended Action Adopt a Resolution authorizing a Master License Agreement (MLA) with New Cingular Wireless PCS, LLC (AT&T) to allow the use of city-owned street light and traffic signal poles within the city's right-of-way for small cell facilities, and authorizing the City Manager to act on behalf of the city in all future decisions and actions necessary to implement the MLA. Executive Summary AT&T, a provider of wireless communication services, desires to enter into a MLA to install, maintain, and operate small cellular wireless telecommunications facilities (Facilities) located within the city's right-of~way for an initial term of five (5) years, with five consecutive five (5) year extension terms. The annual license fee is $272 per pole per year. City of Carlsbad ordinances do not provide authority to the City Manager to approve and execute license agreements. This action by City Council will approve the MLA as to form and grant authority to the City Manager to execute the MLA. Discussion The city owns and operates approximately 7,350 street light and traffic signal poles in the public right-of way. AT&T operates as a telecommunication provider for cellular communications. AT&T has requested a five-year M LA to operate their Facilities on city poles. Under the MLA, prior to the installation of any equipment on a city pole, AT&T must enter into a separate Pole License agreement specific to each location and obtain all applicable regulatory permits from the city or other agencies, including complying with City Council Policy No. 64, Wireless Communications Facilities. Each Pole License will constitute an amendment to the MLA, designating and identifying the individual city pole location and Facilities installed on the street light or signal pole. The city reserves its right in the MLA to terminate any Pole License that threatens public health and safety, constitutes a nuisance, or interferes with the city's municipal functions. June 25, 2019 Item #7 Page 1 of 126 On September 26, 2018, the Federal Communications Commissions (FCC) voted to approve a declaratory ruling and report and order (FCC Order 18-133), enacting new preemptions of local control over small cell wireless facility deployment and management of local rights-of-ways. The Order went into effect on January 14, 2019, limiting the local agencies ability to regulate the use of city-owned vertical infrastructure, such as light poles, for the deployment of small cell facilities. The Order reduces the time limit for cities to process applications for small cell facilities to either 60 or 90 days, depending on whether the wireless facilities are being placed on existing or new poles, limits the amount of fees or rent that local agencies can charge for access to the right-of-way and city poles; limits aesthetic review and requirements to those that are reasonable, objective, comparable to requirements for other right-of-way users, and published in advance. However, the city has retained limited Time, Place, and Manner restrictions under the Order. Fiscal Analysis Under the proposed MLA, the city will receive from AT&T a license fee of $272 per year per street light or signal Pole License. The city will also recover from AT&T a one-time $8,000 administrative fee to cover the city's costs for reviewing and executing the MLA and a $250 administrative fee associated with each new Pole License. AT&T anticipates deploying up to 55 small cell facilities on city poles. Revenue over the initial five-year terms is estimated to be no more than $74,800. Next Steps Once the MLA is approved, AT&T will be required to obtain the necessary Pole Licenses for any and all new future locations. Environmental Evaluation (CEQA) The proposed action is exempt from the California Environmental Quality Act (CEQA) per State CEQA guidelines 15301-Existing Facilities. Section 15301 exempts the leasing of property involving negligible or no expansion of use beyond that existing at the time of the agency's determination. Exhibits 1. City Council Resolution. June 25, 2019 Item #7 Page 2 of 126 RESOLUTION NO. 2019-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, AUTHORIZING A MASTER LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC TO ALLOW THE USE OF CITY-OWNED STREET LIGHT AND TRAFFIC SIGNAL POLES WITHIN THE CITY'S RIGHT-OF-WAY FOR SMALL CELL FACILITIES, AND AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY IN ALL FUTURE DECISIONS AND ACTIONS NECESSARY TO IMPLEMENT THE MASTER LICENSE AGREEMENT Exhibit 1 WHEREAS, the city owns and operates approximately 7,350 street light and traffic signal poles in the public right-of way; and WHEREAS, New Cingular Wireless PCS, LLC (AT&T) operates as a telecommunication provider for cellular communications; and WHEREAS, the AT&T desires to enter into a Master License Agreement (MLA) with the City of Carlsbad for use of city street light and signal poles over the next five years; and WHEREAS, the MLA is for a term of five-years, and AT&T may request up to five (5) automatic five-year extensions on the same terms and conditions ofthe MLA; and WHEREAS, pursuant to the MLA, AT&T will be required to enter into individual Pole License Agreements (Pole License) for use of each individual pole throughout the city; and WHEREAS, the fee for each Pole License is $272 per year; and WHEREAS; in order to fully implement the MLA and Pole License agreements, numerous actions must be taken and various documents must be executed; and WHEREAS, many of the actions and document executions necessary to fully implement the MLA are extremely time sensitive, and as such it would be beneficial and more expedient for the City Council to authorize the City Manager, or his designee, to act on behalf of the City in all future decisions and actions necessary to implement the MLA. June 25, 2019 Item #7 Page 3 of 126 Exhibit 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows that: 1. That the above recitations are true and correct. 2. That the Mayor is authorized and directed to execute the Master License Agreement, which is Attached hereto as Attachment A 3. That the City Manager, or his designee, is hereby authorized to act on behalf of the City of Carlsbad in all future decisions and actions necessary to implement the Master License Agreement with New Cingular Wireless PCS, LLC for use of city street light and traffic signal poles located throughout the city, and to do so in full compliance with the terms and conditions expressed in the aforementioned Master License Agreement and to the satisfaction of the City Attorney. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 25th day of June, 2019, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton. None. None. MA TT HALL, MAYOR ~Kn1m~ BARBARA ENGLESON, CITY CLERK (SEAL) ,,,,1111111111111,,,,, ,,,,, ~ CA b ,,,,,, ,-:;Q,'t" r(,I ~,;,. ~~ --~:'--ft~ ~:---. ··~·.V~~ (~-)'G} ~ ;· ... ,~ ..... ~ '(.\~1..····,··F• .. ! .. -;;;,~J .,.,,,,, On ,,,,,~ '1111111111111111111 June 25, 2019 Item #7 Page 4 of 126 MASTER LICENSE FOR WIRELESS FACILITIES ON POLES IN THE RIGHT-OF-WAY between CITY OF CARLSBAD, a California municipal corporation and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company EFFECTIVE DATE: GM e_ ~ {_p • 2019 June 25, 2019 Item #7 Page 5 of 126 TABLE OF CONTENTS l. General Definitions ................................................................................................................. 9 2. Scope of License .................................................................................................................... 13 2.1. Site License Issuance and Effect.. ................................................................................... 13 2.2. License Area ................................................................................................................... 13 2.2.l. Limitations on License Areas .................................................................................. 13 2.2.2. License Area Condition .......................................................................................... 14 2.2.3. Licensee's Due Diligence ........................................................................................ 14 2.2.4. Certified Access Specialist Disclosure .................................................................... 14 2.3. Limitations on Licensee's Interests ................................................................................ 14 2.3.1. Limited Interest Created ........................................................................................ 14 2.3.2. Limited Rights Created ........................................................................................... 15 2.3 .3. No Impediment or Limitations on City's Municipal Functions .............................. 15 2.3.4. Diminutions in Light, Air or Signal Transmission or Reception .............................. 15 3. Term ...................................................................................................................................... 15 3.1. Master License Term ...................................................................................................... 15 3.2. Site License Term ........................................................................................................... 16 4. License Fee and Other Payments .......................................................................................... 16 4.1. License Fee ..................................................................................................................... 16 4.1.1. License Fee Amount ............................................................................................... 16 4.2. Administrative Fees ........................................................................................................ 18 4.2.l. Master License Administrative Fee ........................................................................ 18 4.2.2. Site License Application Fee ................................................................................... 18 4.3. Late Charges ................................................................................................................... 18 4.4. Default Interest .............................................................................................................. 19 4.5. Liquidated Charges and Fees ......................................................................................... 19 4.6. Method of Fee Payments to City ................................................................................... 19 5. Use .................................................................................................................................. 19 5.1. Permitted Use ................................................................................................................ 19 5.2. Prohibition on "Macro Cell" Uses .................................................................................. 20 5.3. Prohibition on Nuisances and Illegal Uses ..................................................................... 20 5.4. Signs or Advertisements ................................................................................................. 20 6. Site Licenses .......................................................................................................................... 20 1 June 25, 2019 Item #7 Page 6 of 126 6.1. City Approval Required .................................................................................................. 20 6.2. Site License Application .................................................................................................. 21 6.3. Site License Application Review Procedures .................................................................. 21 6.3.1. Site License Application Priority ..................................................................................... 21 6.3.2. Obtaining Required Permits .................................................................................... 22 6.3.4. Amendments to Site License Applications ..................................................................... 22 6.3.5. Site License Application Approvals ................................................................................ 23 6.3.6. Site License Application Denials ..................................................................................... 23 6.3.8. Change of Laws ............................................................................................................... 23 6.4. Replacement Vertical Infrastructure .............................................................................. 24 6.5. Future Maintenance and Repairs, Replacements, Modifications, Additions and Upgrades to Equipment Installed Pursuant to Valid Site License ............................................ 24 6.6 Pre-Approved Equipment Installations .......................................................................... 25 7. Equipment Installation ................................................................................................... 25 7.1. Prior Regulatory Approvals Required ............................................................................. 25 7.2. Acknowledgment Letter as Licensee's Notice to Proceed ............................................. 25 7.3. Installation Work ............................................................................................................ 26 7.3.1. Changes to Approved Plans Required by Regulatory Approvals ................................... 26 7.3.2. Corrections to Approved Plans ...................................................................................... 26 7.3.3. Alterations to City Property ........................................................................................... 26 7.3.4. Licensee's Contractors ................................................................................................... 26 7.4. Labor and Material Costs ............................................................................................... 27 7.5. Project Managers ........................................................................................................... 27 7.6. Coordination with the City ............................................................................................. 28 7.7. Title to Licensee's Equipment and Other Improvements .............................................. 28 7.9. Prevailing Wages ............................................................................................................ 28 7.9.1. Compliance with Prevailing Wage Policies .................................................................... 28 7.9.2. Senate Bill 854 Notice Requirements ............................................................................. 29 7.9.3. Job Site Notices .............................................................................................................. 29 8. Licensee's Maintenance Obligations .............................................................................. 29 8.1. Equipment Maintenance ................................................................................................ 29 8.2. Damage to Vertical Infrastructure ................................................................................. 30 8.2.1. Notice to City .................................................................................................................. 30 2 June 25, 2019 Item #7 Page 7 of 126 8.2.2 . Damage Caused by Licensee .......................................................................................... 30 8.2.3. No Right to Repair Vertical Infrastructure ..................................................................... 30 8.3. Graffiti Abatement ......................................................................................................... 31 8.4. Maintenance Work Performance Standards ................................................................. 31 9. Utilities ........................................................................................................................... 31 10. Taxes, Assessments and Other Impositions ................................................................... 32 11. Licensee's Obligations to Maintain Compliance with Laws ........................................... 32 11.1. Compliance with CPUC General Orders ......................................................................... 32 11.2. Compliance with Building and Electric Codes ................................................................ 33 11.3. Compliance with RF Exposure Regulations .................................................................... 33 12. Public Works' Operations ............................................................................................... 33 12.1. City's Access to License Area .......................................................................................... 33 12.2. City's Maintenance, Repairs or Alterations to Vertical Infrastructure .......................... 33 12.3. City's Maintenance, Repairs or Alterations to Other City Property ............................... 34 12.4. Emergencies ................................................................................................................... 34 13. Indemnification .............................................................................................................. 35 13.1. Licensee's Indemnification Obligations ......................................................................... 35 13.2. Licensee's Defense of City .............................................................................................. 35 14. Insurance ........................................................................................................................ 36 15. Limitations on Liability ................................................................................................... 36 15.1. General Limitation on City's Liability ............................................................................. 36 15.2. Consequential, Indirect or Punitive Damages ................................................................ 36 15.3. No Relocation Assistance ............................................................................................... 37 15.4. Mutual Personal Liability Waiver ................................................................................... 37 16. Hazardous Materials ...................................................................................................... 37 16.1. Hazardous Materials in the License Area ....................................................................... 37 16.2. Hazardous Material Release Notice ............................................................................... 37 16.3. Licensee's Hazardous Material Indemnification Obligations ......................................... 38 17. Interference .................................................................................................................... 39 17.1. Licensee's Obligations Not to Cause Interference ......................................................... 39 17.2. Interference Caused by City ........................................................................................... 39 17.3. Interference Caused by City Access ............................................................................... 40 18. Default ............................................................................................................................ 40 3 June 25, 2019 Item #7 Page 8 of 126 18.l. Defaults and Cure Periods .............................................................................................. 40 18.2. Licensee's Remedies ....................................................................................................... 40 18.3 Licensee's Uncured Default and City's Remedies .......................................................... 41 18.4 City's Uncured Default and Licensee's Remedies .......................................................... 41 18.5 Default Fees .................................................................................................................... 41 18.6. Cumulative Remedies ..................................................................................................... 42 19. Termination .................................................................................................................... 42 19.1. Master License Termination by Licensee ....................................................................... 42 19.2. Site License Termination by Licensee ............................................................................ 42 19.3. City's Termination Rights Due To Material Interference With City Municipal Functions/Threat To Public Health/Safety/Welfare ................................................................. 42 20. Assignment and Other Transfers ................................................................................... 43 20.l. General Restriction on Assignment and Other Transfers .............................................. 43 20.2. General Assignment and Other Transfer Procedures .................................................... 43 20.2.1. Proposed Assignment Notice ........................................................................................ 43 20.2.2. City's Response to Proposed Assignment Notice ......................................................... 43 20.3. Permitted Assignments .................................................................................................. 44 20.3.l. General Authorization ....................... ,. ........................................................................... 44 20.3.2. Conditions on Permitted Assignments ......................................................................... 44 20.4. Effect of Assignment or Other Transfer ......................................................................... 44 20.5. Assumption by Assignee or Transferee .......................................................................... 44 21. Licensee's Customers and Col locators ........................................................................... 45 22. Damage or Destruction of License Area ......................................................................... 45 22.l. City's Rights after Damage or Destruction ..................................................................... 45 22.l.l. City's Election to Repair or Replace Vertical Infrastructure ......................................... 45 22.1.2. City's Election to Remove Vertical Infrastructure ......................................................... 46 22.1.3. City's Election to Remove Equipment.. ......................................................................... 46 22.2. Licensee's Rights after Termination ............................................................................... 46 22.3. Licensee's Statutory Waiver ........................................................................................... 46 23. Condemnation ................................................................................................................ 47 23.1. Permanent Takings ......................................................................................................... 47 23.l.l. Termination Rights after Condemnation ...................................................................... 47 23.1.2. Award ............................................................................................................................ 47 4 June 25, 2019 Item #7 Page 9 of 126 23.1.3. No Statutory Right to Terminate .................................................................................. 47 23.2. Temporary Takings ......................................................................................................... 47 24. Records ........................................................................................................................... 48 24.1. City Audit Rights of Licensee's Accounting Records ...................................................... 48 24.2. Equipment Inspections and Audits ................................................................................ 49 24.3. Estoppels ........................................................................................................................ 49 25. Rules and Regulations .................................................................................................... 49 26. Surrender of License Area .............................................................................................. SO 26.1. Licensee's Removal and Restoration Obligations .......................................................... SO 26.2. Abandonment ................................................................................................................ SO 26.3. Hold Over ....................................................................................................................... SO 27. Surety Bond .................................................................................................................... SO 27.1. Surety Bond Amount ...................................................................................................... SO 27.2. Bond Amount Replenishment ........................................................................................ 51 27.3. Bond Application ............................................................................................................ 51 28. Miscellaneous Provisions ............................................................................................... 51 28.1. Notices ............................................................................................................................ 51 28.2. Waivers ........................................................................................................................... 52 28.3. Integration; Amendments .............................................................................................. 53 28.4. Interpretation ................................................................................................................. 53 28.4.1. General .......................................................................................................................... 53 28.4.2. Joint and Several Liability .............................................................................................. 54 28.4.3. Captions and Other Reference Material ....................................................................... 54 28.4.4. Time .............................................................................................................................. 54 28.4.5. Inclusive Words and/or Phrases ................................................................................... 54 28.5. Successors and Assigns .................................................................................................. 54 28.6. Brokers ........................................................................................................................... 54 28.7. Governing Law; Venue ................................................................................................... 55 28.8. Litigation Fees and Costs ................................................................................................ 55 28.9. Recording ....................................................................................................................... 55 28.10. No Third-Party Beneficiaries .......................................................................................... 55 28.11. Survival ........................................................................................................................... 56 28.12. Severability ..................................................................................................................... 56 s June 25, 2019 Item #7 Page 10 of 126 28.13 Jointly Drafted ................................................................................................................ 56 Exhibit A .................................................................................................................................... 58 Exhibit A-1 ................................................................................................................................. 61 Exhibit A-2 ................................................................................................................................. 62 Exhibit A-3 ................................................................................................................................. 63 Exhibit B .................................................................................................................................... 65 Schedule 1 ................................................................................................................................. 69 6 June 25, 2019 Item #7 Page 11 of 126 MASTER LICENSE AGREEMENT FOR WIRELESS COMMUNICATIONS FACILITIES INSTALLATIONS This MASTER LICENSE AGREEMENT FOR WIRELESS COMMUNICATIONS FACILITIES INSTALLATIONS ("Master license") dated0,,(,Y")e ~LR , 2019 (the "Effective Date") is between the CITY OF CARLSBAD, a California municipal corporation (the "City") and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (the "licensee"). RECITALS A. WHEREAS, technology developments and demand for high-speed mobile data service and capacity has extended beyond the capabilities of traditional macrocell wireless communications facilities. To meet this demand, wireless providers have accelerated their small cell and distributed antenna system ("Small Cell") deployments in the public right-of-way and the City has a clear incentive to develop public-private arrangements that manage these accelerated deployments in a way that preserves local aesthetics and public health and safety while also deriving the benefits of these new technologies for the City's residents to the greatest extent practicable; and B. WHEREAS, licensee has represented to the City that licensee has the authority under applicable Laws to install and maintain telephone lines within the State of California, which include communications facilities, in the public right-of-way to provide communications services which may, in part, include Small Cells; and C. WHEREAS, the City owns a substantial number of existing poles in the public right-of-way that are potentially suitable for installing communications facilities within the City's jurisdiction and has a duty under California law to derive appropriate value from the City's property and assets held by the City for the public good; and D. WHEREAS, licensee desires to install, maintain and operate small-cell wireless facilities on the City's Vertical Infrastructure and Utility Infrastructure; and E. WHEREAS, the parties desire to enter into this Master license to establish a process by which licensee may request to license from the City individual locations on or in the City's existing polies together with utility Infrastructure, and also to establish the rates, terms and conditions that will be generally applicable to all Vertical Infrastructure and Utility Infrastructure licensed to licensee by the City; and F. WHEREAS, consistent with California law, the City intends, and licensee acknowledges, that this Master license will be applicable to only the City's Vertical Infrastructure and Utility Infrastructure, and that the City does not intend this Master license or any Site license to require or be construed to require any revenue-generating consideration to the City as a precondition to access to the public rights-of-way for any telephone corporation, as that term is defined in the California Public Utilities Code; and 7 June 25, 2019 Item #7 Page 12 of 126 A. WHEREAS, consistent with federal and California law, the City does not intend this Master License to grant the Licensee any exclusive right to use or occupy the public rights-of-way within the City's territorial and/or jurisdictional boundaries, and Licensee expressly acknowledges that the City may in its sole discretion enter into similar or identical agreements with other entities, which include without limitation Licensee's competitors; and H. WHEREAS the City and Licensee desire to expedite the deployment of small cell technology in the City while pending legal challenges to FCC Order, FCC 18-133 are addressed; and I. WHEREAS, on (S"Lt.n .e,_ 2.:5" 2019, the City Council of the City of Carlsbad adopted Resolution No.Jot 9 -Jot./ , which approved the form and material terms for this Master License to be used in connection with the licensing of Vertical Infrastructure and Utility Infrastructure for wireless facilities, and further delegated authority to the City Manager to enter into such agreements. NOW, THEREFORE, for good, valuable and sufficient consideration received and acknowledged by the City and Licensee, the City and Licensee agree as follows: 8 June 25, 2019 Item #7 Page 13 of 126 AGREEMENT 1. General Definitions "Acknowledgment Letter" means the letter that Licensee submits to the City that indicates the Licensee has obtained all Regulatory Approvals and other requirements more particularly described in Exhibit A-3 (Form of Acknowledgment Letter), and that serves as Licensee's notice to proceed with the installation after the City countersigns the Acknowledgment Letter and delivers it to Licensee. "Additional Fees" means, collectively, any sums payable by Licensee to the City as the licensor, which includes without limitation any Late Fees, default interest, costs in connection with a request for the City's consent to an assignment or other transfer under Section 20 (Assignment and Other Transfers) and Default Fees under Section 18.3.4; provided, however, that the term excludes any (1) License Fees; (2) Administrative Fees; (3) any other amounts payable to the City by Licensee in connection with reviewing Site License Applications or coordinating and inspecting Equipment installed on the License Area; and (4) any other payments to the City in its regulatory capacity, which includes without limitation cost-based fees for permit issuance. "Administrative Fees" means, collectively, the Master License Administrative Fee (as defined in Section 4.2 .1) and any Site License Application Fees (as defined in Section 4.2.2). "Affiliate" means an entity that directly or indirectly Controls, is Controlled by or is under Common Control with Licensee. "Agent" means a party's agent, employee, director, officer, contractor, subcontractor or representative in relation to this Master License, any Site License or the License Area. "Approved Plans" means the detailed plans and equipment specifications, which include without limitation all equipment, mounts, hardware, utilities, cables, conduits, signage, concealment elements and other improvements proposed by Licensee and approved by the City in connection with the License Area, as more particularly described in Exhibit A-2 (Licensee's Plans and Specifications) to any approved Site License . "Broker" means any licensed real estate broker or other person who could claim a right to a commission or "finder's fee" in connection with the license(s) or other real estate rights contemplated or conveyed in this Master License. "City Attorney" means the City Attorney of the City of Carlsbad . "City Manager" means the City Manager of the City of Carlsbad . "City Property" means any interest in real or personal property owned or controlled by the City, which includes without limitation any and all (1) land, air and water areas; (2) license interests, 9 June 25, 2019 Item #7 Page 14 of 126 leasehold interests, possessory interests, easements, franchises and other appurtenant rights or interests; (3) public rights-of-way or public utility easements; and (4) physical improvements such as buildings, structures, infrastructure, utility and other facilities, and alterations, installations, fixtures, furnishings and additions to existing real property, personal property and improvements. "Claim" means any and all liabilities, losses, costs, claims, judgments, settlements, damages, liens, fines, penalties and expenses, whether direct or indirect. "Commencement Date" means the date on which a Site License commences, which is the earlier to occur of: (i} eighteen (18} months from the date that the City executes the City's Acknowledgment Letter pursuant to Section 7.2 of this Master License, or (ii} the date that Licensee commences the installation of Licensee's Equipment in and upon the Vertical Infrastructure or Utility Infrastructure, as the case may be, pursuant to the applicable Site License. "Common Control" means two or more entities that are Controlled by a same third entity. "Control" means (1) as to a corporation, stock ownership with the right to exercise more than fifty percent (50%} of the total combined voting power of all classes of stock, issued and outstanding, of the controlled corporation; or (2) as to partnerships and other business association forms, more than fifty percent (50%} ownership of the beneficial interest and voting control of such association. "CPUC" means the California Public Utilities Commission established in the California Constitution, Article XII,§ 5, or the CPUC's duly appointed successor agency. "Default Fee" means the same as that term is defined in Section 18.3.4 (Default Fees}. "Environmental Laws" means any Law in relation or connection to industrial hygiene, environmental conditions or Hazardous Materials (as defined in this Master License}. "Equipment" means antennas, radios and any associated utility or equipment box, and battery backup, transmitters, receivers, amplifiers, ancillary fiber-optic cables and/or wiring, and ancillary equipment used for radio or other wireless communication (voice, data or otherwise} transmission and/or reception, which includes without limitation the means, devices and apparatus used to attach any Equipment to any licensed Vertical Infrastructure, and any ancillary equipment such as wiring, cabling, power feeds or an similar things, any ground based equipment and/or power pedestals need for the operation of Equipment attached to a Vertical Infrastructure, and any signage attached to such Equipment that may be approved by the City or required by Law. "Expiration Date" means the date on which this Master License will automatically expire. 10 June 25, 2019 Item #7 Page 15 of 126 "FCC" means the Federal Communications Commission or its duly appointed successor agency. "FCC Order, FCC 18-133" means the FCC's Declaratory Ruling and Third Report and Order, FCC 18-133, Released September 27, 2018. "Hazardous Material" means any material that, due to its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any local, regional, state or federal body with jurisdiction and responsibility for issuing Regulatory Approvals in accordance with applicable Laws to pose a present or potential hazard to human health, welfare or safety, or to the environment. The term "Hazardous Material" as used in this Master License or any Site License will be broadly construed, and includes, without limitation, the following: (1) any material or substance defined as a "hazardous substance", or "pollutant" or "contaminant" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (codified as 42 U.S.C. §§ 9601 et seq.) or section 25316 of the California Health & Safety Code; (2) any "hazardous waste" listed California Health & Safety Code§ 25140; or (3) any petroleum, including crude oil or any fraction thereof, natural gas or natural gas liquids. "Indemnified City Parties" means the same as that term is defined in Section 13 (Indemnification). "Investigate and Remediate" means the undertaking of any activities to determine the nature and extent of Hazardous Material that may be located in, on, under or about the License Area or that has been, is being, or is in danger of being Released into the environment, and to clean up, remove, contain, treat, stabilize, monitor or otherwise control such Hazardous Material. "Invitee" means the client, customer, invited guest, tenant, subtenant, licensee, assignee and/or sublicensee of a party in relation to the License Area. "Late Fee" means a fee that will be charged by the City to Licensee for failure to make timely payment pursuant to the terms set forth in Section 4.3 "Laws" means all present and future statutes, ordinances, codes, orders, policies, regulations and implementing requirements and restrictions by federal, state, county and/or municipal authorities, whether foreseen or unforeseen, ordinary as well as extraordinary, as adopted or as amended at the time in question. "License Area" means those certain spaces on the City's Vertical Infrastructure, Utility Infrastructure and other City Property, which includes without limitation any conduits, chases, risers, trays, pipes, vaults, pull boxes, hand holes, identified on the Approved Plans as occupied by the Equipment and licensed to Licensee. The parties may use the term "License Area" to refer to those spaces licensed to Licensee under an individual Site License or to refer to all spaces collectively licensed to Licensee under all Site Licenses in connection with this Master License. 11 June 25, 2019 Item #7 Page 16 of 126 "License Fee" means the annual fee for each licensed Vertical Infrastructure and Utility Infrastructure authorized under any Site License, as specified in Section 4 (License Fee and Other Payments). "License Year" means any 12-month period that begins on the Commencement Date for the applicable Site License. "Licensee's On-Call Representative" mean the person(s) assigned by Licensee to be on-call and available to the City regarding the operation of Licensee's Equipment. Such person(s) shall be qualified and experienced in the operation of Equipment and shall be authorized to act on behalf of Licensee in any emergency and in day-to-day operations of the Equipment. "NESC" means the National Electrical Safety Code, as may be amended or superseded, published by the Institute of Electrical and Electronics Engineers. "New Laws" means any legislative, regulatory, judicial, or other action affecting the rights or obligations of the City or Licensee, or establishing rates, terms or conditions for the construction, operation, maintenance, repair or replacement of Licensee's Equipment on public infrastructure (defined in this Agreement as "Vertical Infrastructure" and "Utility Infrastructure") or in the right- of-way, that differ, in any material respect from the rates, terms or conditions of the Agreement. "OSHA" means the Occupational Safety and Health Administration of the United States Department of Labor, or OSHA's duly appointed successor agency. Pre-Approved Equipment Installation" means any Equipment installation design for Licensee's use of a Vertical Infrastructure and/or Utility Infrastructure which has been approved in writing by the City. "Regulatory Approvals" means all licenses, permits and other approvals necessary for Licensee to install, operate and maintain Equipment on the License Area. "Release" when used with respect to Hazardous Material includes any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing on, under or about the License Area, other City Property or the environment. "RF" means radio frequency or electromagnetic waves. "Site License" means the document in the form of Exhibit A (Form of Site License Agreement) that, when fully executed, incorporates the provisions of this Master License and authorizes Licensee to install, operate and maintain Equipment for the Permitted Use on Vertical Infrastructure and/or Utility Infrastructure, as the case may be, identified in the Site License. 12 June 25, 2019 Item #7 Page 17 of 126 "Site License Application" means the same as that term is defined in Section 6.2 (Site License Application). "Site License Effective Date" means the first day of the month after both the City and License fully execute a Site License. As an illustration, and not a limitation, if the last party to execute signs a Site License on February 2, 2019, the Site License Effective Date would be March 1, 2019. "Term" means the term of this Master License, as defined in Section 3.1 (Master License Term). "Utility Infrastructure" means any and all forms of existing power supply, conduit, or other form of infrastructure fixtures or equipment for the delivery of power or communication services (i) approved by the City for use by Licensee and (ii) reasonably related to the operation of a Vertical Infrastructure or otherwise located in the public right of way or other location controlled or owned by City and reasonably capable of being used in connection with a Vertical Infrastructure. "Vertical Infrastructure" means all poles or similar facilities owned or controlled by the City and located in the public rights-of-way or public utility easements and meant for, or used in whole or in part for, communications service, electric service, lighting, traffic control or similar functions, except that "Vertical Infrastructure" shall not include traffic signals. 2. Scope of License 2.1. Site License Issuance and Effect Pursuant and subject to the terms and conditions in this Master License, the City, as the Vertical Infrastructure owner, will issue one or more Site Licenses, which will grant Licensee a non- exclusive license to access, use, replace, upgrade and occupy certain space on the Vertical Infrastructure and Utility Infrastructure, as provided herein and the individual Site License(s) signed by the parties pursuant to this Master License for the Permitted Use and to install, maintain and operate the Equipment as shown in the Approved Plans attached to such Site License(s). The license granted herein is revocable only in accordance with the terms and conditions of this Master License. After the City issues a Site License to Licensee, the City shall not grant any third parties any present possessory rights or privileges to use or occupy the same space used or occupied by Licensee as shown in the Approved Plans; provided, however, the City may grant rights or privileges to use other spaces on the same Vertical Infrastructure or Utility Infrastructure for any other purpose except to the extent expressly provided otherwise in this Master License. 2.2. License Area 2.2.1. Limitations on License Areas This Master License applies to only Vertical Infrastructure and Utility Infrastructure identified in final and fully executed Site Licenses. This Master License does not authorize Licensee or any 13 June 25, 2019 Item #7 Page 18 of 126 other persons or entities to enter on to or use any other City Property, except the License Areas specified in any fully executed Site Licenses. Licensee expressly acknowledges and agrees. that the City will not be obligated to issue any Site License or other license to Licensee for any purpose related to any traffic signal or decorative pole, which includes any Vertical Infrastructure or light standard with ornate features or characteristics designed or intended to enhance the appearance of the pole, light standard or other Vertical Infrastructure. 2.2.2. License Area Condition Licensee expressly acknowledges and agrees to enter on to and use the License Area in its "as-is and with all faults" condition. The City makes no representations or warranties whatsoever, whether express or implied, as to the License Area's condition or suitability for Licensee's use. Licensee expressly acknowledges and agrees that neither the City nor its Agents have made, and the City expressly disclaims, any representations or warranties whatsoever, whether express or implied, with respect to the License Area's physical, structural or environmental condition, the License Area's present or future suitability for the Permitted Use or any other matter related to the License Area. 2.2.3. Licensee's Due Diligence Licensee expressly represents and warrants to the City that Licensee has conducted a reasonably diligent and independent investigation, either for itself or through an Agent selected by Licensee, into the License Area's condition and suitability for Licensee's intended use, and that Licensee relies solely on its due diligence for such determination. Licensee further expressly represents and warrants to the City that Licensee's intended use is the Permitted Use as defined in Section 5 in this Master License. 2.2.4. Certified Access Specialist Disclosure Pursuant to California Civil Code § 1938, as may be amended or superseded, and to the extent applicable to this Master License, the City expressly advises Licensee, and Licensee expressly acknowledges, that a Certified Access Specialist {as defined in California Civil Code § 55.53) has not inspected any License Area in whole or in part to determine whether it meets all applicable construction-related accessibility requirements. 2.3. Limitations on Licensee's Interests 2.3.1. Limited Interest Created Licensee expressly acknowledges and agrees that: (1) Licensee does not have any rights to use or interest in any Vertical Infrastructure, Utility Infrastructure or other City Property for any purpose whatsoever until and unless the City issues a Site License that covers such Vertical Infrastructure, Utility Infrastructure or other City Property; and (2) neither this Master License nor any Site 14 June 25, 2019 Item #7 Page 19 of 126 License issued pursuant to this Master License creates or will be deemed to create any leasehold, easement, franchise or any other possessory interest (whether present, future, contingent or otherwise) or real property interest whatsoever in the License Area. 2.3.2. Limited Rights Created Any Site License the City approves pursuant to this Master License grants Licensee only a non- possessory, non-exclusive and revocable license to enter on to and use the License Area for the Permitted Use in accordance with the terms and conditions in this Master License and the applicable Site License. Licensee expressly acknowledges and agrees that: (1) neither this Master License nor any Site License will be coupled with an interest; (2) the City retains legal possession and control over all Vertical Infrastructure and Utility Infrastructure for the City's municipal functions, which will be superior to Licensee's rights and interest in the Vertical Infrastructure and Utility Infrastructure, if any, at all times; (3) subject to the terms and conditions in this Master License, the City may terminate a Site License in whole or in part at any time under the terms, conditions, and restrictions set forth in Section 19.3; (4) except as specifically provided otherwise in this Master License, the City may enter into any agreement with third parties to use and/or occupy any Vertical Infrastructure, Utility Infrastructure and/or other City Property; and (5) neither this Master License nor any Site License creates or will be deemed to create any partnership or joint venture between the City and Licensee. 2.3.3. No Impediment or Limitations on City's Municipal Functions Except as specifically provided otherwise in this Master License, neither this Master License nor any Site License will limit, alter or waive the City's absolute right to use any License Area, in whole or in part, as infrastructure established and maintained for the City's and the public's benefit. 2.3.4. Diminutions in Light, Air or Signal Transmission or Reception In the event that any existing or future structure diminishes any light, air or signal propagation, transmission or reception, whether erected by the City or not, Licensee shall not be entitled to any reduction in any License Fee, Additional Fees or any other sums payable to the City under this Master License or any Site License, the City shall have no liability to Licensee whatsoever and such diminution will not affect this Master License, any Site License or Licensee's obligations except as may be expressly provided in this Master License. 3. Term 3.1. Master License Term The Term will commence on the Effective Date and automatically expire in five (5) years from the Effective Date, unless lawfully terminated sooner, in accordance with this Master License ("Initial Agreement Term"). The Term will automatically renew for five (5) consecutive 5-year periods (each a "Master License Renewal Term") unless either party provides written notice to the other 15 June 25, 2019 Item #7 Page 20 of 126 at least sixty (60) days prior to the expiration of the Initial Agreement Term or then current Master License Renewal Term, of its intent not to renew the Term. 3.2. Site License Term Each Site License will commence on its Site License Effective Date and will have an initial term of five (5) years, unless earlier terminated in accordance with this Master License. The term of each Site License will automatically renew for five (S) consecutive 5-year periods (each a "Site License Renewal Term") unless Licensee provides written notice to the City at least sixty (60) days prior to the expiration of the initial term or then current Site License Renewal Term, of Licensee's intent not to renew the Site License term. In the event that this Master License expires or is terminated, any Site License(s) still in effect shall remain subject to the terms and conditions in this Master License until such Site License(s) expire or are terminated. As an illustration and not a limitation, a Site License entered one year before the Master License expires would have four years left on its initial term and five (S) Site License Renewal Terms, and otherwise remain subject to all the applicable terms and conditions in this Master License. As the parties acknowledge that the Site License Effective Date and the Commencement Date for a Site License may not be the same date, upon written request of either party, the parties shall confirm in good faith the Commencement Date of the applicable Site License. 4. License Fee and Other Payments 4.1. License Fee 4.1.1. License Fee Amount During any period in which the FCC Ruling (FCC 18-133) is in effect, the Licensee shall pay a fee as described in this paragraph. Licensee shall pay to the Licensor the base amount of Two Hundred and Seventy and 00/100 Dollars ($270.00) per calendar year for each Site License (the "License Fee"). The base amount under all Site License's shall be subject to an annual adjustment of three percent (3%) applied on each anniversary of the Commencement Date. Any new Site License entered into during a given year shall commence at the then-current rate adjusted by this section. The License Fee for the first calendar year of a Site License for each location shall be pro-rated based on the number of days covered from the Site License Effective Date to December 31st. The first payment of the License Fee shall be paid on the Site License Effective Date. Every Payment of the License Fee, after the initial payment, shall be due and payable in advance on January 1 of each calendar year throughout the term of each such Site License. There shall be no refunds of the License Fee paid due to the termination or expiration of the Master License for any reason whatsoever. 4.1.2. Non-Waiver of License Fee Receipt of any License Fee by the City, with or without knowledge of any breach of this Master License by Licensee, or of any default on the part of Licensee in the observance or performance 16 June 25, 2019 Item #7 Page 21 of 126 of any conditions or covenants of this Master License, shall not be deemed a waiver of any provision of this License. 4.1.3 Renegotiated Fair Market License Fee In the event the portion of the FCC Declaratory Ruling (FCC-18-133) that regulates the License fee is reversed in a final and unappealable order of the FCC or a court of competent jurisdiction, and for so long as no legal or regulatory requirement exists that would constrain or otherwise limit the License Fee that the City may charge Licensee for the right to place small cells on the City's property in the public rights of way, the parties agree to determine a renegotiated fair market license fee payment rate for all Site Licenses, provided that the Licensee is not in default or breach of any term, condition, covenant or provision of this Master License ("Renegotiated Fair Market License Fee"). The City and Licensee shall meet and confer to negotiate in good faith to determine the Renegotiated Fair Market License Fee. If within ninety (90) days after delivery of a request for renegotiation by either party, the parties are unable to agree upon an amendment to this Master License, either party may send a written notice of impasse ("Notice of Impasse") to the other. Within thirty {30) days after the date of the Notice of Impasse either party may request mediation or arbitration of the issues through Judicial Arbitration and Mediation Services ("JAMS") in San Diego County, California, or any other entity offering dispute resolution procedures as may be acceptable to the City and Licensee in writing. Arbitration shall be used if the parties cannot mutually agree to mediation. If the parties agree to mediation, then the cost of the mediation shall be shared equally by the parties. If arbitration is used, then the arbitrator shall determine as part of the arbitration findings and award if either the Licensee or the City have failed to act in good faith to complete an amendment to this Master License to full and fairly agree on a Renegotiated Fair Market Lincense Fee. Whichever party the arbitrator finds failed to act in good faith shall be solely responsible for the cost of arbitration, including the fees and costs of the arbitrator. If neither party has requested mediation or arbitration within thirty (30) days after the Notice of Impasse, then thereafter, either party may pursue all available remedies at law or in equity, including regulatory or judicial relief. 4.1.5 License Fee Adjustment The City agrees that irrespective of whether the relevant provisions of the FCC Declaratory Ruling (FCC 18-133) cease to be effective, no Renegotiated Fair Market License Fee shall be due for any periods during which the relevant provisions of the FCC Declaratory Ruling were in effect during the initial term of this Master License. However, if Licensee has paid the License Fee pursuant to the provisions of the FCC Declaratory Ruling per section 4.1.1 above for a calendar year, and the portion of the FCC Declaratory Ruling (FCC-18-133) that regulates the License Fee is reversed in a final and unappealable order of the FCC or a court of competent jurisdiction during the same calendar year, Licensee shall pay the difference between the License Fee and the Renegotiated Fair Market License Fee for the period from the date the relevant provisions of the FCC Declaratory Ruling cease to be effective, until December 31 of that year ("License Fee Adjustment"). Such License Fee Adjustment shall be paid to the City on January 1 of the following year. 17 June 25, 2019 Item #7 Page 22 of 126 4.1.6 Most Favored Nations The City hereby represents and warrants as of Effective Date of this Master License, and covenants and agrees from and after the Effective Date of this Master License, that none of the rates or fees offered to any other entity for a Master License for the deployment of small cell technology in the City, or a similar agreement designed to advance the deployment or small cell technology in the City while pending legal challenges to FCC Order, FCC 18-133 are addressed, is or will be more favorable than the License Fee under this Master License. Additionally, if the City agrees to a rate or fee that is more favorable than the License Fee under this Master License for the deployment of small cell technology in the City, then Licensee shall be entitled under this Master License to such rate or fee on and after the date such rate or fee becomes effective. 4.2. Administrative Fees 4.2.1. Master License Administrative Fee At the time Licensee delivers to the City a partially executed counterpart to this Master License, Licensee shall also deliver to the City a nonrefundable administrative fee equal to Eight Thousand and 00/100 Dollars ($8,000.00) (the "Master License Administrative Fee") representing payment in full of Licensee's share of the City's costs to prepare, negotiate and execute this Master License. The City will not be obligated to execute this Master License until the City receives the Master License Administrative Fee; however, the City will return the Master License Administrative Fee to Licensee if for any reason or no reason, the City does not execute this Master License. 4.2.2. Site License Application Fee At the time Licensee delivers to the City a Site License Application, Licensee shall pay to the City a non-refundable application fee of Two Hundred and Fifty Dollars ($250) per Site License Application for proposed Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) (the "Site License Application Fee"). 4.3. Late Charges In the event that Licensee fails to pay any License Fee, Additional Fee, Administrative Fees or any other amount payable to the City within thirty (30) days after Licensee's receipt of the City's written notice that such amounts are due and unpaid, then thereafter a fee will be charged to Licensee for failure to make timely payment ("Late Fee"). Late Fee amounts will be equal to five percent (5%) of unpaid amounts. 18 June 25, 2019 Item #7 Page 23 of 126 4.4. Default Interest Any License Fees, Additional Fees, Administrative Fees and all other amounts payable to the City other than Late Fees will bear interest at ten percent (10%) per annum (simple interest) from the due date when not paid within 15 days after due and payable to the City; provided, Licensee is only subject to this interest if the City notifies Licensee in writing of any unpaid amounts and Licensee does not pay within 15 days after Licensee's receipt of such notice. Any sums received shall be first applied towards any interest, then to the late charge and lastly to principle amount owed. Any interest or late charge payments will not alone excuse or cure any default by Licensee. 4.5. Liquidated Charges and Fees The parties agree that the Additional Fees payable under this Master License represent a fair and reasonable estimate of the administrative costs that the City will incur in connection with the matters for which they are imposed and that the City's right to impose the Additional Fees is in addition to, and not in lieu of, any other rights it may have under this Master License. Furthermore: THE PARTIES ACKNOWLEDGE AND AGREE THAT THE CITY'S ACTUAL ADMINISTRATIVE COSTS AND OTHER DETRIMENT ARISING FROM LICENSEE DEFAULTS AND OTHER ADMINISTRATIVE MATTERS UNDER THIS MASTER LICENSE WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. BY PLACING THEIR INITIALS BELOW, EACH PARTY'S AUTHORIZED REPRESENTATIVE ACKNOWLEDGES THAT THE PARTIES HAVE AGREED, AFTER A NEGOTIATION, ON THE AMOUNT OF THE ADDITIONAL FEES AS REASONABLE ESTIMATES OF THE CITY'S AD~DMINISTRATIVE COSTS AND OTHER DETRIMENT. Licensee Citv ~~ 4.6. Method of Fee Payments to City Licensee shall pay all License Fees, Additional Fees, Administrative Fees and all other amounts payable to the City in cash or other immediately available funds by either: (1) local check payable to the City of Carlsbad or (2) electronic wire transfer. Any payment made with a dishonored check will be deemed unpaid. 5. Use 5.1. Permitted Use Licensee may use a License Area, including approved Vertical Infrastructure and Utility Infrastructure solely for the installation, construction, use, maintenance, operation, repair, modification, replacement and upgrade of Equipment for the purpose of providing wireless, voice, data, messaging, or similar type of wireless service now or in the future offered to the 19 June 25, 2019 Item #7 Page 24 of 74 June 25, 2019 Item #7 Page 24 of 126 public in general using spectrum radio frequencies licensed or authorized by the FCC {the "Permitted Use") in compliance with this Agreement, the applicable Site License Agreement, all applicable Laws, and any conditions in any Regulatory Approvals and for no other use whatsoever without the City's prior written consent, which the City may withhold in its sole and absolute discretion for any or no reason. 5.2. Prohibition on "Macro Cell" Uses The City and Licensee intend this Master License and any Site License to cover only "small cell" and/or distributed antenna system installations, as those terms are defined by the FCC. Licensee expressly acknowledges and agrees that the Permitted Use under this Master License does not include the right to use any Vertical Infrastructure as a support structure for a "macro cell" or a traditional wireless tower typically constructed on private property. 5.3. Prohibition on Nuisances and Illegal Uses Licensee shall not use the License Area in whole or in part in any unlawful manner or for any illegal purpose. In addition, Licensee shall not use the License Area in whole or in part in any manner that constitutes a nuisance as determined by the City in its reasonable judgment; however, the City acknowledges and agrees that the Permitted Use is not and shall not, in and of itself, be considered a nuisance. Licensee shall take all precautions to eliminate any nuisances or hazards in connection with its uses and activities on or about the License Area. 5.4. Signs or Advertisements Licensee acknowledges and agrees that its rights under this Master License and any Site License do not authorize Licensee to erect, post or maintain, or permit others to erect, post or maintain, any signs, notices, graphics or advertisements whatsoever on the License Area, except as may be specifically authorized under this Master License, any Site License or as may be required for compliance with any applicable Laws. 6. Site Licenses 6.1. City Approval Required Licensee shall not have any right to use the License Area in whole or in part for any purpose until and unless the City approves a Site License that covers the License Area. Licensee may obtain a Site License only during the term of this Master License and only after the City approves a Site License Application as provided in this Section 6. Subject to any express limitations in this Master License, the City will not be obligated to subordinate its municipal functions in any manner whatsoever to Licensee's interest under any Site License. The City shall not be obligated to consider or approve any Site License Applications after this Master License expires or is terminated. When the City considers whether to approve or disapprove any Site License Application, the City may consider any matter that affects its municipal functions, which include 20 June 25, 2019 Item #7 Page 25 of 126 without limitation: (1) Licensee's proposed plans and Equipment specifications; (2) compliance with any applicable Laws; (3) impacts on the City's street light, traffic control or other municipal operations; (4) any potential hazards or unsafe conditions that could result from Licensee's installation, operation or maintenance; (S) any potential visual or aesthetic impacts, provided the proposed Equipment is not in conformance with objective design standards adopted by the City; (6) the additional load on the Vertical Infrastructure the proposed Equipment would create; and (7) any municipal plans for the Vertical Infrastructure, other City Property or the public right-of- way in proximity to the subject Vertical Infrastructure. All Utility Infrastructure approved by the City in Approved Plans for Licensee's use with a Vertical Infrastructure for a Site License under this Master License shall be protected with fusing. 6.2. Site License Application A complete Site License Application must include the following: (1) two partially executed duplicate counter parts of a Site License in the form attached as Exhibit A to this Master License, together with the following: (a) a fully completed Exhibit A-1, which shall contain a summarized list that identifies all Vertical Infrastructure and Utility Infrastructure serving the Vertical Infrastructure, as the case may be, covered under the Site License Application; (b) a fully completed Exhibit A-2. which shall contain detailed construction plans for the proposed installation(s), including concealment elements consistent with City standards and a detailed traffic control plan for all work on and adjacent to City roadways, and an inventory for all proposed Equipment to be installed on the Vertical Infrastructure covered under the Site License Application; and (c) the Site License Application Fee; (2) all other information and materials required for a complete application for all Regulatory Approvals issued by the City's departments, which the City may update from time-to-time in accordance with applicable Laws; and 6.3. Site License Application Review Procedures 6.3.1. Site License Application Priority Licensee expressly acknowledges that the City either already has or may in the future enter into similar master license agreements for its Vertical Infrastructure with other persons or entities, and that Licensee and such third parties may from time-to-time desire to license the same Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as 21 June 25, 2019 Item #7 Page 26 of 126 the case may be) from the City. To promote a fair and competitively neutral process, the City shall implement a first-in-time prioritization process as provided in this Section 6.3.1. The City shall review each Site License Application, which includes without limitation any Site License Applications submitted by other licensees, in the order received. Each Site License Application will be date and time stamped when received by the City, and such stamp shall control the Site License Application's priority relative to other Site License Applications. In the event that the City receives two Site License Applications for the same Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be), the applications with lower priority will be held in abeyance until the higher-priority application is withdrawn, denied or timed-out as provided in this Master License, at which time the City will commence to review the next-highest priority Site License Application for that Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be). 6.3.2. Obtaining Required Permits (a) The City will review complete Site License Application within applicable timeframes and pursuant to applicable Law, taking into account any tolling periods for such timeframes. Licensee shall not submit more than fifteen (15) Site License Applications within any thirty (30) day period. Licensee shall use best efforts not to submit successive Pole License Applications if those Pole License Applications would collectively cover 15 or more Poles, and will grant the City a reasonable extension of the applicable timeframe for the City's review if such successive Pole License Applications are submitted. 6.3.3. Consultation with Other City Departments and Homeowners' Associations The City, as the licensor under this Master License, may consult with other departments within the City or with any Homeowners' Association (HOA) with authority over a site that is the subject of a proposed Site License to assess whether Licensee's proposed Equipment poses any concerns, which includes without limitation any concerns about aesthetics, historic or environmental impacts, traffic control, pedestrian access and general right-of-way management. Licensee acknowledges that any consultation with any other City departments or an HOA in accordance with this Section 6.3.4 and any actions or failures to act by the City that may result from such consultations would be as the Vertical Infrastructure owner and not an exercise of the City's regulatory authority. In order to facilitate City's coordination with the HOA, on or before the date that Licensee submits a Site License application, Licensee shall provide the HOA with a full set of plans showing the design and location of any Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) to be altered under this Agreement after the City gives written notice to Licensee of any HOA that may have control or authority over a public right-of-way in which a proposed License Area is located. 6.3.4. Amendments to Site License Applications In the event that the City determines for any reason that the Site License Application is incomplete or the Permitted Use at any particular proposed License Area would impede its 22 June 25, 2019 Item #7 Page 27 of 126 municipal functions, the City will provide notice to Licensee as soon as reasonably practicable. Licensee will have 15 business days from Licensee' receipt of such notice to amend its Site License Application without any impact on the Site License Application's priority relative to any other applications then under review or later received by the City. Any amendments received after the 14-day period or any other changes Licensee may make to the Site License Application will cause the date and time on which the application was submitted or deemed submitted to be changed to the date and time on which Licensee submitted the proposed changes. 6.3.5. Site License Application Approvals In the event that the City approves a Site License Application, the City will return one fully executed Site License to Licensee. Such approval may occur before or simultaneous with any approvals or denials for any Regulatory Approvals issued by the City in its regulatory capacity. Licensee acknowledges and agrees that the City's decision to approve or disapprove any Site License Application is not, and will not be deemed to be, a regulatory determination subject to any administrative appeal, but is an exercise of the City's authority over its Vertical Infrastructure as its personal property. Licensee shall commence construction pursuant to the Site License on the later to occur of (i) the time to commence construction, if any, as may be contained in the applicable permit for the construction of the Equipment, and (ii) twelve (12) months from the date the City fully executes the Acknowledgment Letter. Otherwise the Site License shall automatically expire. Licensee shall not be entitled to any refund for any fees, which include without limitation the License Fee, paid in connection with a Site License that expires under this Section 6.3.6. Nothing in this Section 6.3.6 is intended to prohibit or prevent Licensee from submitting a new Site License Application for the same or substantially the same Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) as those covered under a Site License that expired pursuant to this Section 6.3.6. 6.3.6. Site License Application Denials Subject to applicable state and federal laws, Licensee acknowledges that the City reserves the absolute right to disapprove any Site License Application in whole or in part when the City determines in its sole judgment that the proposed Equipment would unreasonably interfere with the City's municipal functions or create a hazardous or unsafe condition. The City shall provide Licensee with a written denial that states the basis for the denial. 6.3.8. Change of Laws In the event of a change in applicable law that materially affects any material term of this Agreement, the rights or obligations of either party hereunder, or the ability of either party to perform any material provision hereof, the parties shall renegotiate in good faith such affected provisions with a view toward agreeing to acceptable new terms as may be required or permitted as a result of such legislative, regulatory, judicial, or other legal action. If, after good faith negotiations, the parties agree that resolution will not be reached, then either party may initiate an appropriate action in any regulatory or judicial forum of competent jurisdiction. 23 June 25, 2019 Item #7 Page 28 of 126 6.4. Replacement Vertical Infrastructure In the event that Licensee desires to replace any existing Vertical Infrastructure, or in the event that the City requires Licensee to replace any existing Vertical Infrastructure as a condition on the City's approval for a Site License, Licensee shall: (1) design and/or procure the replac~ment Vertical Infrastructure to be (a) substantially the same as the existing Vertical Infrastructure to be replaced, (b) consistent with the City's specifications for similar Vertical Infrastructure, and (c) consistent with the City's objective design standards; and (2) install the replacement Vertical Infrastructure at Licensee's sole cost and expense and in accordance with all applicable provisions in this Master License, which includes without limitation Section 7 (Equipment Installation). After Licensee installs any replacement Vertical Infrastructure, the City will have the right to inspect the improvements and installation work and accept, reject and require corrections to such improvements or installation work. Licensee shall make any and all necessary corrections to any replacement Vertical Infrastructure within 60 days after a rejection by the City. Paying for the cost of the replacement Vertical Infrastructure does not provide Licensee with any ownership interest in the replacement Vertical Infrastructure. The City shall be deemed to own the replacement Vertical Infrastructure. Licensee acknowledges and agrees that the City's approval of the Site License will be the only consideration due to Licensee in exchange for transferring title to any replacement Vertical Infrastructure to the City, and Licensee will not be entitled to any additional pecuniary or non-pecuniary consideration. 6.5. Future Maintenance and Repairs, Replacements, Modifications, Additions and Upgrades to Equipment Installed Pursuant to Valid Site License Without the requirement of obtaining the City's prior consent, Licensee shall have the right to (a) perform routine maintenance and repair of any Equipment installed on a Vertical Infrastructure and/or Utility Infrastructure pursuant to a valid Site License, and (b) perform "like-for-like" replacements of Equipment so long as (i) any such "like-for-like" replacement does not alter the visible aesthetic appearance of the installed Equipment, and (ii) the resulting installation does not increase the load on the applicable Vertical Infrastructure or the utilization of the Utility Infrastructure beyond the loading or utilization, if any, that was established in the original Site License Application. Any other modification, addition or upgrade to Licensee's Equipment installed on a Vertical Infrastructure and/or Utility Infrastructure pursuant to a valid Site License shall require the City's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding any modification, addition and/or upgrade rights granted to License under this Master License, all work performed b,y or on behalf of Licensee pursuant to this Master License and/or a Site License shall be subject to all applicable permits and other City approvals required for the protection of public health and safety, including, without limitation, encroachment permits, excavation permits, traffic control permits and construction permits. In no event shall Licensee be required to submit a new Site License Application for routine maintenance and repair, "like-for-like" replacements, modifications, additions, or upgrades to Equipment installed pursuant to a valid Site License. 24 June 25, 2019 Item #7 Page 29 of 126 6.6 Pre-Approved Equipment Installations From time to time during the Term, Licensee may propose Equipment installation designs to the City to become a Pre-Approved Equipment Installation upon the City's prior written consent. Any such Licensee proposed Equipment installation designs that become a Pre-Approved Equipment Installation shall comply with then existing design guidelines in the City Council Policy No. 64, which may be amended from time to time, and shall not require an amendment to this Master License. Licensee hereby acknowledges that the City considers physical dimensions, coloring and shrouding as concealment elements, and that such concealment elements are a material factor in the City's decision to provide its written consent to any Pre-Approved Equipment Installation. Once an Equipment installation design has become a Pre-Approved Equipment Installation for Licensee's use of a Vertical Infrastructure and/or Utility Infrastructure, then Licensee shall be allowed to install an Equipment installation using any such Pre-Approved Equipment Installation without further land use review or approval by the City, subject to space and structural capacity and loading review by the City during the building permit review process. All other municipal reviews and approvals, including the execution of a Site License, building permits and right of way permits, shall apply to the installation of any Pre-Approved Equipment Installation. 7. Equipment Installation 7.1. Prior Regulatory Approvals Required Licensee shall not commence any installation, construction, repair, upgrade, maintenance or modification or other work on or about the License Area until and unless Licensee first obtains all necessary prior Regulatory Approvals required by the City in its regulatory capacity, which includes without limitation any encroachment permits, building permits, excavation permits, water or sewer permits, electrical permits and any other permits or approvals issued by the City. Any installation, construction and other work performed by Licensee or its Agents or Invitees without such Regulatory Approvals will be a default under this Master License in addition to any other liabilities or penalties the City, in its regulatory capacity, may impose on Licensee for the same acts or omissions. 7.2. Acknowledgment Letter as Licensee's Notice to Proceed After Licensee obtains all necessary prior Regulatory Approvals, Licensee shall tender a partially executed Acknowledgment Letter to the City that includes (i) Licensee's insurance certificates, (ii) insurance certificates of Licensee's contractor, (iii) the License Fee for the first License Vear; and (iv) evidence reasonable satisfactory to the City that the required Surety Bond under Section 27.1 of this Master License has been delivered to the City. The City shall use reasonable efforts to review, countersign and deliver the fully executed Acknowledgment Letter to Licensee within ten (10) business days from the date on which the City receives a partially executed Acknowledgment Letter with all required attachments. Licensee shall not commence any work on or about the License Area until and unless Licensee first obtains a fully executed 25 June 25, 2019 Item #7 Page 30 of 126 Acknowledgment Letter from the City. Such fully executed Acknowledgment Letter will serve as Licensee's notice that Licensee has the right to proceed with its installation work. 7.3. Installation Work Licensee shall perform all installation, construction and other work in connection with the License Area in strict compliance with the Approved Plans and in a diligent, good and workmanlike manner. 7.3.1. Changes to Approved Plans Required by Regulatory Approvals Licensee may amend any Approved Plans when such changes are required to obtain or maintain compliance with Regulatory Approvals necessary to install the Equipment, so long as Licensee obtains the City's prior written consent, which the City shall not unreasonably withhold. 7.3.2. Corrections to Approved Plans Licensee shall have the obligation to correct any errors or omissions in any Approved Plans and related Regulatory Approvals. Licensee shall immediately send written notice to the City in the event that Licensee discovers any such defects. Any Approved Plans and/or amendments to Approved Plans by the City will not release or excuse Licensee's obligations under this Section 7.3 .2. 7 .3.3. Alterations to City Property Licensee shall not remove, damage, or in any manner alter any City Property without prior written consent from the City and any other public agencies with jurisdiction over the subject City Property, unless otherwise allowed herein. The City may withhold its consent in its sole and absolute discretion, and may reasonably condition its consent in each instance based on scope and nature of the proposed alterations. Licensee shall immediately notify the City if any removal, damage or other alteration occurs to City Property for any reason and through any cause. 7.3.4. Licensee's Contractors Licensee shall use only qualified and trained persons and appropriately licensed contractors for all installation, construction and other work performed on or about the License Area. At least five (5) business days before to any installation, construction and other work commences on or about the License Area, Licensee shall provide the City with : (1) a schedule with all activities to be performed in connection with the installation, construction and other work; and (2) a comprehensive list with all the names, contractors' license numbers, contact information, and business addresses for all contractors and all subcontractors who will perform the installation, construction and other work. 26 June 25, 2019 Item #7 Page 31 of 126 7 .4. Labor and Material Costs Licensee shall be responsible for all direct and indirect costs (labor, materials and overhead) in connection with designing, purchasing and installing all Equipment in accordance with the Approved Plans and all applicable Laws. Licensee shall also bear all costs to obtain and maintain all Regulatory Approvals required in connection with the installation, which includes without limitation all direct and indirect costs to comply with any approval conditions or mitigation measures that arise from Licensee's proposed installation. Licensee shall timely pay for all labor, materials, Equipment and all professional services related to the Permitted Use or furnished to the License Area at Licensee's direction or for Licensee's benefit. 7.5. Project Managers The City and Licensee each designate the person listed in this Section 7.5 as its project manager to coordinate Licensee's Equipment design and installation, and serve as each party's respective primary contact person for all design, engineering, construction and installation issues that may arise between the parties in connection with this Master License. If no person is designated by either party prior to the Effective Date, then each party shall designate a person through a written notice promptly following the written request of either party to do so. City's Project Manager: Curtis M. Jackson Real Estate Manager 1200 Carlsbad Village Drive Carlsbad, CA, 92008 Phone(760)434-2836 Email:Curtis.jackson@carlsbadca.gov Licensee's Project Manager: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Site No. City of Carlsbad Wireless Master License Agreement (CA) 575 Morosgo Drive NE Atlanta, GA 30324 27 June 25, 2019 Item #7 Page 32 of 126 Licensee acknowledges that the City's project manager is not exclusively assigned to this Master License or any Site License, and that the City's project manager may not always be immediately available to Licensee or its project manager. Licensee further acknowledges that the authority delegated by the City to the City's project manager is limited to the administration of this Master License, any Site License Applications and any approved Site Licenses. The parties' respective project managers will have no obligation to personally perform any term or covenant to be performed by the other party under this Master License. Notices to the parties' respective project managers alone will not be deemed effective notice for any purpose under this Master License. 7.6. Coordination with the City Licensee must coordinate all its installation, construction and other work on or about the License Area with the City so as to avoid any interference (physical, electronic or otherwise) with any existing utilities, substructures, facilities, City Property and the City's municipal operations. 7.7. Title to Licensee's Equipment and Other Improvements Except as specifically provided otherwise in this Master License, all Equipment and other improvements installed, constructed or placed on or about the License Area by Licensee or its Agents will be and remain at all times Licensee's personal property. All structural improvements to any Vertical Infrastructure, any replacement Vertical Infrastructure as approved by the City and shown in the Approved Plans except for any fiber installed by or on behalf of Licensee, will become City Property and remain should Licensee vacate or abandon such License Area, unless the City elects in a written notice to Licensee that it does not wish to take title to such structural improvements. Subject to Section 26 (Surrender of License Area), Licensee may remove its Equipment from the License Area at any time after 30 days' written notice to the City. 7.9. Prevailing Wages 7.9.1. Compliance with Prevailing Wage Policies The services to be provided under the Master License or Site License are subject to prevailing wage rate payment as set forth in California Labor Code §1771. Accordingly, to the extent that any such services are subject to the prevailing wage rate payment requirements, Licensee and its Agents shall comply with all applicable California Labor Code requirements, including the payment of prevailing wages in connection with the services to be provided to the City hereunder (collectively, "Prevailing Wage Policies"). Licensee shall submit, upon request by the City, certified copies of payroll records to the City and shall maintain and make such records available to the City or the City's duly authorized representative for inspection and copying in a manner consistent with Licensee's obligations under Section 24 (Records). Licensee shall defend, indemnify and hold the City and its Indemnified City Parties harmless from and against any and all present and future Claims, that arise from or in connection with Licensee's obligation to comply with all Laws with respect to the installation, construction and other work, 28 June 25, 2019 Item #7 Page 33 of 126 and Prevailing Wage Policies, which includes without limitation any and all Claims that may be made by Agents or other third parties pursuant to California Labor Code§§ 1726 and 1781, as amended and added by California Senate Bill 966 (Alarcon), and as may be amended or superseded in the future. Licensee hereby waives, releases and discharges forever the City and Indemnified City Parties from any and all present and future Claims that arise from or in connection with Licensee's obligation to comply with all Laws with respect to the installation, construction and other work and Prevailing Wage Policies. Licensee hereby acknowledges that Licensee is aware of and familiar with the provisions in California Civil Code §1542 which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him must have materially affected his or her settlement with the debtor. Licensee hereby waives and relinquishes all rights and benefits which it may have under California Civil Code § 1542, as such relates to the Master License and any Site License. Licensee's obligations under this Section 7.9 will survive the expiration or earlier termination of this Master License and any Site License. 7.9.2. Senate Bill 854 Notice Requirements As provided in SB 854 (Stats. 2014, ch. 28): (a) no contractor or subcontractor may be qualified to bid on, be listed in a bid proposal subject to the requirements of Section 4104 of the California Public Contracts Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations ("DIR") and qualified to perform public work pursuant to California Labor Code Section 1725.5 (Cal. Lab. Code§ 1771.l(a)); (b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to California Labor Code Section 1725.5 (Cal. Lab. Code§ 1771.l(b)); and (c) work performed on the project is subject to compliance monitoring and enforcement by DIR (Cal. Lab. Code§ 1771.4). 7.9.3. Job Site Notices Licensee shall post at the job site notices in compliance with Title I of the California Code of Regulations Section 16451. 8. Licensee's Maintenance Obligations 8.1. Equipment Maintenance Licensee shall, at its sole cost and expense, maintain all Equipment installed on the License Area in good condition, reasonable wear, tear and casualty damage excepted, at all times, and shall promptly repair any damage to any Equipment installed on the License Area whenever repair or 29 June 25, 2019 Item #7 Page 34 of 126 maintenance may be required, subject to the City's prior approval if required under Section 7 (Equipment Installation). With the exception of administrative encroachment permits for access to a Site, Licensee will not be required to seek the City's prior approval for any Equipment repair, maintenance, replacement or other installation on the License Area when such Equipment appears on the Approved Plans. Licensee must obtain the City's prior written approval for any Equipment repair, maintenance, replacement or other installation that involves larger, different or additional Equipment than as appears on the Approved Plans subject to the paramount provisions in Section 6.5 above. Licensee expressly acknowledges that Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (codified at 47 U.S.C. § 1455), as may be amended or superseded, does not apply to this Master License or any Site License. Licensee expressly acknowledges and agrees that Licensee shall not perform any repair, maintenance, replacement or other work authorized under this subsection until and unless Licensee obtains all Regulatory Approvals required for such work. 8.2. Damage to Vertical Infrastructure 8.2.1. Notice to City If Licensee discovers any damage to the License Area from any cause, Licensee shall promptly give notice to the City that describes damage and the location(s) where the damage occurred. Licensee will not be deemed to have assumed liability for any life-threatening or hazardous conditions by giving such notice, unless such conditions were caused by or arose in connection with Licensee's or its Agent's or lnvitee's acts, omissions or negligence. 8.2.2. Damage Caused by Licensee In the event that Licensee or its Agents or Invitees cause any damage to any Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be), Licensee must repair such damage within 30 days after Licensee receives notice from City that describes such damage or, if the damage cannot reasonably be repaired in such time, then Licensee will have additional time as is, in City's estimation, reasonably required to repair such damage, as long as Licensee has commenced repair and diligently pursues it to completion. In the event that Licensee fails to timely cure the damage, the City may repair the damage at Licensee's expense. Licensee will reimburse the City for all costs incurred to repair such damage within 30 days after Licensee receives the City's demand for payment, together with copies of invoices or other evidence to document the costs incurred. The City's right to repair any damage and receive reimbursement from Licensee pursuant to this Section 8.2.2 shall be in addition to (and not exclusive of) any legal and equitable remedies the City may have under applicable Laws. 8.2.3. No Right to Repair Vertical Infrastructure Absent notice from the City with a demand to cure any damage to any Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be), or an authorization to proceed with such work, Licensee is not authorized to make any repairs to any 30 June 25, 2019 Item #7 Page 35 of 126 Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) or License Area. Licensee expressly waives all rights it may have under any applicable Laws to make repairs at the City's expense. However, Licensee shall have the right to conduct testing and maintenance activities, and repair and replace damaged or malfunctioning Equipment at any time during the Term. 8.3. Graffiti Abatement In addition to Licensee's other maintenance obligations under this Master License and any Site License, Licensee shall remove any graffiti or other similar markings from the License Area promptly upon actual notice (but in no event later than five (5) days after Licensee's receipt of written notice from the City of the presence of graffiti at a particular License Area identified in the City's written notice). If the graffiti is not abated by Licensee within five (5) days after Licensee's receipt of the City's written notice to Licensee, then the City may, at the City Manager's sole discretion, abate the graffiti at Licensee's expense, under the provisions of the City's Municipal Code Sections B7-260 through B7-265. The City shall keep an itemized account of all the costs and expenses incurred by the City in abating nuisances under the provisions of this section. If the costs are not paid within thirty (30) days of Licensee's receipt of the City's invoice accompanied by reasonable substantiation, then thereafter, City shall have the right to suspend the issuance of any further permits or Site Licenses under this Agreement until the abatement costs are paid in full, or otherwise declare Licensee in default pursuant to of the applicable Site License which is identified by the City to contain graffiti pursuant to Section 18.1 of this Master License. 8.4. Maintenance Work Performance Standards All work performed by or for Licensee under this Section 8 shall be performed: (1) at Licensee's sole cost and expense; (2) by only appropriately licensed contractors; (3) in a manner and with equipment and materials that will not unreasonably interfere with or impair the City's municipal operations on or about the License Area during any approved installations; and (c) in a manner compliant with all applicable Laws. 9. Utilities Licensee shall be responsible to secure its own electricity services for its Permitted Use and shall not be permitted to "submeter" from any electrical service provided to the City on any License Area without the City's prior written consent, which the City may withhold in its sole and absolute discretion. Licensee shall timely pay when due all charges for all electricity service furnished to its Equipment on the License Area. Licensee may install or cause to be installed a separate electric meter on the Vertical Infrastructure, or on a ground mounted pedestal or on Licensee's pad mounted equipment cabinet as required by the electric provider for the operation of its Equipment. 31 June 25, 2019 Item #7 Page 36 of 126 While the City is not obligated to make its Utility Infrastructure available to Licensee, nonetheless, the City shall make a good faith effort to make its Utility Infrastructure available in connection with each Vertical Infrastructure locations identified by Licensee in its Site License Application, and Licensee and the City shall work cooperatively to allow Licensee to use the City's Utility Infrastructure wherever possible. In the event that Licensee submits a Site License Application to the City for a particular Vertical Infrastructure, but the City is unwilling to allow Licensee to use the City's Utility Infrastructure at such location for Licensee's utilization in connection with the Vertical Infrastructure, then the City and Licensee will work cooperatively to identify an alternate Vertical Infrastructure location where the City would be willing to allow Licensee to utilize, and which provides comparable wireless service coverage and performance acceptable to Licensee. In connection with Licensee's use of City's Utility Infrastructure on any Vertical Structure, Licensee shall be responsible for, and shall timely pay for the cost of the electrical service furnished to its Equipment on the License Area directly to PG&E or any successor utility which provides electrical service to the City's Vertical Infrastructure. 10. Taxes, Assessments and Other Impositions Licensee agrees to pay when due (and prior to delinquency) any and all taxes, assessments, charges, excises and exactions whatsoever, including without limitation any possessory interest taxes, that arise from or in connection with Licensee's use within the License Area or Licensee's Equipment that may be imposed on Licensee under applicable Laws. Licensee shall not allow or suffer any lien for any taxes assessments, charges, excises or exactions whatsoever to be imposed on the License Area or Licensee's Equipment. In the event that the City receives any tax or assessment notices on or in connection with the License Area or Licensee's Equipment, the City shall promptly (but in no event later than 30 calendar days after receipt) forward the same, together with reasonably sufficient written documentation that details any increases in the taxable or assessable amount directly attributable to Licensee's Equipment. Licensee understands and acknowledges that this Master License and any Site License may create a possessory interest subject to taxation and that Licensee will be required to pay any such possessory interest taxes. Licensee further understands and acknowledges that any sublicense or assignment under this Master License and any options, extensions or renewals in connection with this Master License or any Site License may constitute a change in ownership for taxation purposes and therefore result in a revaluation for any possessory interest created under this Master License. 11. Licensee's Obligations to Maintain Compliance with Laws 11.1. Compliance with CPUC General Orders In addition to all other Laws, Licensee shall conduct all activities on the License Area in accordance with all applicable CPUC general orders, which includes without limitation CPUC General Order 95 and CPUC General Order 128 as those orders may be amended or superseded 32 June 25, 2019 Item #7 Page 37 of 126 in the future, and the rules, regulations and other requirements adopted or enacted by the CPUC under such general orders. 11.2. Compliance with Building and Electric Codes In addition to Licensee's compliance with all other Laws and to the extent not in contravention of any applicable Law, Licensee shall conduct all activities on the License Area in accordance with the applicable requirements in the California Building Code, the California Electric Code, and any applicable local building and electrical code, as those codes exist now or may be amended in the future. To the extent that CPUC General Order 95 does not address small cell wireless installations on Vertical Infrastructure or Utility Infrastructure, Licensee shall comply with City requirements. 11.3. Compliance with RF Exposure Regulations In addition to Licensee's compliance with all other Laws, Licensee shall maintain compliance with all Laws related to human exposure to RF emissions by the FCC which are based on the recommendations of various federal health and safety agencies including OSHA. 12. Public Works' Operations 12.1. City's Access to License Area Except as specifically provided otherwise in this Master License, the City and its Agents have the absolute right to access any License Area in whole or in part at any time without notice for any purpose; however, the City and its Agents shall not touch or interfere in any way with any Equipment. The City will not be liable in any manner whatsoever, and Licensee expressly waives any Claims for inconvenience, disturbance, lost business, nuisance or other damages that may arise from the City's or its Agents' access to the License Area, which includes, without limitation, any Equipment removed in an emergency or other exigent circumstances pursuant to Section 12.4 (Emergencies), except to the extent that the damage is caused by the City's or its Agent's negligence or willful misconduct. 12.2. City's Maintenance, Repairs or Alterations to Vertical Infrastructure The City will: (1) maintain and repair Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) as needed, in the City's sole judgment, for its street light operations and other municipal functions; and (2) correct any immediately hazardous condition. Except as provided in Section 19 (Termination), neither any City work on any Vertical Infrastructure nor any condition on any Vertical Infrastructure will: (a) entitle Licensee to any damages, unless such damages are caused by the City's active negligence or willful misconduct; (b) excuse or reduce any obligation by Licensee to pay any License Fees or Additional Fees or perform any covenant under this Master License or any Site License; or (c) 33 June 25, 2019 Item #7 Page 38 of 126 constitute or be construed as a constructive termination of this Master License or any Site License. 12.3. City's Maintenance, Repairs or Alterations to Other City Property The City may, at any time, alter, add to, repair, remove from and/or improve the License Area in whole or in part for any municipal function, which includes without limitation maintenance and improvements in connection with street light services and compliance with all applicable Laws; provided, however, that the City: (1) makes a good-faith effort to provide prior notice to Licensee's On-Call Representative; (2) allows Licensee's On-Call Representative to observe the City's work; and (3) the City takes reasonable steps not to disrupt Licensee's ordinary operations on the License Area, taking into account any exigencies that may threaten persons or property. The provisions in this Section 12.3 will not be construed to allow Licensee's ordinary operations to impede or delay the City's authority and ability to make changes to the License Areas necessary to maintain street light services, traffic control services, any municipal utility services (to the extent permissible under applicable Laws) or any other municipal functions carried out for the public's health, safety, welfare or benefit. 12.4. Emergencies In emergencies, and unless expressly provided in applicable Laws, the City's work and operations will take precedence over Licensee's operations, which includes without limitation any Equipment operated on the License Area, and the City may access the License Area in whole or in part as the City deems necessary in its sole and absolute determination and in accordance with this Section 12.4, with or without notice to Licensee. When safe and practicable, as determined by the City, the City will notify Licensee of any emergency or other exigent circumstances that requires the City to remove or replace any Vertical Infrastructure or the Utility Infrastructure serving the Vertical Infrastructure, as the case may be, or other City Property and will allow Licensee to remove its Equipment before the City removes or replaces such Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) or other City Property; provided, however, that the City will remove the Equipment from the License Area when in the City's sole determination it would: (1) be unsafe or not practicable to wait for Licensee to perform (or cause to be performed) the work; (2) result in significant delay; or (3) otherwise threaten or compromise public health, safety, welfare or public services. The City will remove any Equipment with reasonable care and store such Equipment for retrieval by Licensee. Licensee shall have the right to reinstall such removed Equipment (or equivalent replacement Equipment) at Licensee's sole expense on the repaired or replaced Vertical Infrastructure including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be, and/or License Area and in accordance with Section 7 (Equipment Installation). Licensee expressly acknowledges that any act(s) taken by the City pursuant to this Section 12.4, which includes without limitation any Equipment removal or storage, will not be deemed to be a forcible or unlawful entry onto the License Area or any interference with Licensee's contractual privilege to use the License Area. 34 June 25, 2019 Item #7 Page 39 of 126 13. Indemnification 13.1. Licensee's Indemnification Obligations Licensee, for itself and its successors and assigns shall indemnify, defend and hold the City and its Agents, elected and appointed officials and volunteers (collectively, the "Indemnified City Parties") harmless from and against any and all Claims incurred in connection with or arising in whole or in part from the installation, use, maintenance, repair or removal of the Equipment or Licensee's breach of any provision of this Agreement.. Licensee's indemnity obligation provided for in this Section shall not apply to any Claim resulting from the negligence or willful misconduct of the City or other Indemnified City Parties. Licensee's obligations under this Section 13 includes, without limitation, all reasonable fees, costs and expenses for attorneys, consultants and experts, and the City's actual costs to investigate any Claim. Licensee expressly acknowledges and agrees that (a) it has an immediate and independent obligation to defend any Indemnified City Parties from any Claim that falls within this Section 13, even when the allegations in the Claim are or appear to be groundless, fraudulent or false; and (b) Licensee's obligations under this Section 13 arise at the time any Indemnified City Parties tender such Claim to Licensee and continue until such Claim's final resolution. Licensee's obligations under this Section 13 shall survive this Master License's and any applicable Site License's expiration or termination. 13.2. Licensee's Defense of City In the event that any Claim is brought against any Indemnified City Parties in connection with any subject matter for which any Indemnified City Parties are indemnified by Licensee under this Master License or any Site License, City shall give Licensee prompt written notice and Licensee shall, at Licensee's sole cost and expense, resist and defend against such Claim with legal counsel that Licensee shall have the right to select provided that the legal counsel must have (1) not less than 10 years' direct experience in similar actions or proceedings as that brought against the Indemnified City Parties; (2) no past disciplinary actions by any United States tribunal or state bar association; and (3) no actual or potential conflicts of interest with any Indemnified City Parties. Otherwise any other legal counsel which Licensee desires to select shall be subject to the City's prior written consent, such consent not to be unreasonably withheld, conditioned or delayed. Licensee shall not, without the City's written consent, enter into any compromise or settlement agreement on any Indemnified City Parties' behalf that (a) admits any liability, culpability or fault whatsoever on any Indemnified City Party's part; or (b) requires any Indemnified City Party to take any action, which includes without limitation any change in the City's policies, or pay any money. Nothing in this Master License shall be construed to limit or preclude any Indemnified City Parties or their respective legal counsel from cooperating with Licensee and participating in any judicial, administrative or other litigation or proceeding. 35 June 25, 2019 Item #7 Page 40 of 126 14. Insurance Prior to any activities by Licensee on the License Area or other City Property, Licensee shall comply with all insurance requirements and other obligations contained in Exhibit B. The City shall have the right to amend or replace the insurance requirements and other obligations contained in Exhibit Bone time during any consecutive sixty (60) month period during the Term of this Master License on 60 days' prior written notice to Licensee. 15. Limitations on Liability 15.1. General Limitation on City's Liability Licensee expressly acknowledges that the City is not responsible or liable to Licensee for any and all Claims that arise in connection with (1) acts or omissions by persons or entities using the sidewalk, street or other areas adjoining, adjacent to or connected with any License Area; (2) any utility service interruption; (3) theft; (4) burst, stopped or leaking water, gas, sewer, steam or other pressurized pipes; (5) fires, floods, earthquakes or other force majeure; or (6) any vehicular collision on or about the License Area or other City Property; all except to the extent such events are caused directly and exclusively by the City's gross negligence or willful misconduct. Licensee expressly waives and releases all Claims it may have against the City or its Agents that arise in connection with the events described in this Section 15.1 as may be related to this Master License, any Site License or any acts or omissions on or about the License Area. 15.2. Consequential, Indirect or Punitive Damages Neither party will be liable under this Master License for consequential, indirect, or punitive damages (including lost revenues, loss of equipment, interruption, loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. Licensee expressly acknowledges and agrees that the License Fees and Additional Fees payable under this Master License do not take into account any potential liability on the City's part or any Indemnified City Parties' part for consequential or incidental damages. The City would not be willing to enter into this Master License or issue any Site Licenses unless Licensee completely waived any Claims against the City or any Indemnified City Parties, to the fullest extent permitted by applicable Laws, for consequential or incidental damages due to the acts or omissions by the City or its Agents, and Licensee expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligation placed on Licensee or other waivers contained in this Master License, and as material consideration for this Master License and all Site Licenses (if any), Licensee fully releases, waives and discharges forever any and all Claims against the City for consequential and incidental damages that may arise from or in connection with this Master License or any Site License, which includes without limitation any lost profits related to any disruption to Equipment, any interference with uses or operations conducted by Licensee under this Master License and/or 36 June 25, 2019 Item #7 Page 41 of 126 any Site Licenses, from any cause whatsoever, and whether or not due to the active or passive negligence or willful misconduct by the City or any Indemnified City Parties, and covenants not to sue for such damages the City, the City's departments and all City agencies, officers, directors and employees, and all persons acting by, through or under them. In no event will Licensee be liable to the City for any special, consequential or indirect damages. 15.3. No Relocation Assistance Neither this Master License nor any Site License creates any right in Licensee to receive any relocation assistance or payment for any reason under the California Relocation Assistance Law {California Government Code §§ 7260 et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act (42 U.S.C. §§ 4601 et seq.), as either may be amended or superseded, or any similar Laws upon or after any termination. To the extent that any such Laws may apply, Licensee waives, releases and relinquishes forever any and all Claims that it may have against the City for any compensation from the City except as provided in Section 23 (Condemnation). 15.4. Mutual Personal Liability Waiver In no event will any City board, agency, member, officer, employee or other Agent be personally liable to Licensee, it successors or assigns, for any default, breach, other nonperformance or sum unpaid sum by the City. In no event will any Licensee board, agency, member, officer, employee or other Agent be personally liable to the City for any for any default, breach, other nonperformance or sum unpaid sum by Licensee. 16. Hazardous Materials 16.1. Hazardous Materials in the License Area Licensee covenants and agrees that neither Licensee nor its Agents or Invitees will cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated, disposed of or Released in, on, under or about the License Area or any other City Property, in whole or part, or transported to or from any City Property in violation of any Environmental Laws, except that Licensee may use small quantities of Hazardous Materials as needed for routine operation, cleaning and maintenance of Licensee's Equipment that are customarily used for routine operation, cleaning and maintenance of such equipment and so long as all such Hazardous Materials are contained, handled and used in compliance with all Environmental Laws. 16.2. Hazardous Material Release Notice Licensee shall promptly notify the City if and when Licensee learns or has reason to believe any Hazardous Material Release has occurred in, on, under or about the License Area or other City Property caused by Licensee, its Agents or its Invitees, however, no default may be declared by the City pursuant to this Section 16.2 unless Licensee has actively concealed the Hazardous 37 June 25, 2019 Item #7 Page 42 of 126 Material Release after Licensee learns or has reason to believe that the Hazardous Material Release has occurred. Licensee will not be deemed to have assumed liability for any such Release by giving such notice, unless such Release was caused by or arose in connection with Licensee's or its Agent's or lnvitee's acts, omissions or negligence. 16.3. Licensee's Hazardous Material Indemnification Obligations If Licensee breaches any obligations contained in this Section 16 (Hazardous Material), or if any act, omission or negligence by Licensee or its Agents or Invitees results in any contamination on or about the License Area or other City Property, or in a Hazardous Material Release from, on, about, in or beneath the License Areas or any other City Property, in whole or in part, or any Environmental Law violation, then Licensee, for itself and its successors and assigns, shall indemnify, defend and hold the City and any Indemnified City Parties harmless, from and against any and all Claims (including damages for decrease in value of the License Area or other City Property, the loss or restriction of the use of usable space in the License Area or other City Property and sums paid in settlement of Claims, attorneys' fees, consultants' fees, and experts' fees and related costs) that arises during or after the Term related to or in connection with such Release or violation; provided, however, Licensee shall not be liable for any Claims to the extent such Release or violation was caused directly and exclusively by the City's gross negligence or willful misconduct. Licensee's indemnification obligation includes all costs incurred in connection with any activities required to Investigate and Remediate any Hazardous Material brought or Released onto the License Area or other City Property by Licensee or its Agents or Invitees and to restore the License Area or other City Property to its condition prior to such introduction or Release, or to correct any Environmental Law violation. Licensee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City and the other Indemnified City Parties from any Claim that actually or potentially falls within this indemnity provision even if the allegations supporting the Claim are or may be groundless, fraudulent or false, and that said obligation arises at the time such Claim is tendered to Licensee by the Indemnified City Party and continues until the Claim is finally resolved. Without limiting the foregoing, if Licensee or any of its Agents or Invitees causes any Hazardous Material Release on, about, in or beneath the License Area or other City Property, then in any such event Licensee shall, promptly, at no expense to any Indemnified City Party, take any and all necessary actions to return the License Area and/or other City Property, as applicable, to substantially the same condition existing prior to such Hazardous Materials Release on the License Area or other City Property or otherwise abate the Release in accordance with all Environmental Laws, except to the extent such Release was caused directly by the City's negligence or willful misconduct. Licensee shall afford the City a full opportunity to participate in any discussions with Regulatory Agencies regarding any settlement agreement, cleanup or abatement agreement, consent decree or other compromise or proceeding that involves Hazardous Material Release on or about the License Area. Notwithstanding the foregoing or any other provision in this Agreement, Licensee shall not be liable or responsible for environmental or industrial hygiene conditions that existed before the execution of this Agreement, or that otherwise did not result from the activities of Licensee. 38 June 25, 2019 Item #7 Page 43 of 126 17. Interference 17.1. Licensee's Obligations Not to Cause Interference Licensee will not install, maintain or operate any Equipment in a manner that interferes with or impairs other communication (radio, telephone, data and/or other transmission or reception) or computer equipment lawfully used by any persons or entities, which includes the City and its Agents and Invitees, consistent with applicable FCC rules in place at such time. Such interference will entitle the City to declare a default under this Master License and any applicable Site License by Licensee. Upon notice from the City by calling Licensee's Network Operations Center at (800) 638-2822, Option 9, 1, Licensee shall promptly work to eliminate such interference at no cost to the City. Licensee will be required to use its best efforts to remedy and cure such interference without any impairment to any City operations. If Licensee does not promptly cure such default, the parties acknowledge that continued interference may cause irreparable injury to the City and, therefore, the City will have the right to bring an action against Licensee to, at the City's election, immediately enjoin such interference and/or to terminate all Site Licenses where the Equipment causes interference or impairment to other communications signal equipment existing at the time of installation of Licensee Equipment. 17.2. Interference Caused by City City reserves the right, but not the obligation, to maintain and operate its facilities in such reasonable manner as will best enable City to fulfill its own service requirements or obligations. However, City agrees that City and/or any other tenants, licensees, or users of the Rights-of-Way who currently have or in the future take possession of space within the Rights-of-Way will be permitted to install only such equipment that is of the type and frequency that will not cause interference to the then existing Equipment of Licensee, consistent with the applicable FCC rules in place at such time, and will not interfere with Licensee's use. If any change in any use on or about the License Area by the City during the Term results in measurable, material and adverse impairment to Licensee's normal and lawful operations, which makes it necessary for Licensee to alter the Equipment to mitigate the adverse effect, Licensee shall notify the City and provide evidence to substantiate the claimed impairment. After the City receives such notice, the City will have the right to make its own reasonable determination and, if it agrees with Licensee, the City will investigate whether it can reasonably and economically mitigate that interference. The City will provide notice to Licensee of the City's determination. If the City determines, in its sole and absolute discretion, that mitigation is reasonably and economically feasible, the City's notice will specify when the City will mitigate the adverse effect. The City's mitigation will effect a cure, and the City will not be liable to Licensee in any other way or be required to take any other measures with respect to the Equipment. If the City determines, in its sole and absolute discretion, that mitigation is not reasonably or economically feasible, Licensee may elect either to: (1) terminate the affected Site License and receive a ratable refund in the License Fee for those Site Licenses terminated after the first License Year; or (2) take steps itself at its own cost to mitigate the 39 June 25, 2019 Item #7 Page 44 of 126 adverse effect and continue to operate the Equipment on the License Area, and receive from the City a written waiver from the obligation to pay the License Fee for the first twelve (12) months in the next License Year under the affected Site License to offset the mitigation costs. Licensee agrees that the City's temporary and partial License Fee abatement or waiver under this Section 17.2 will be the only compensation due to Licensee for costs incurred or otherwise arising from the adverse effect as liquidated damages fully compensating Licensee for all Claims that may arise from or be related to the adverse effects. Under no circumstances will the City be required to alter its operations at the identified License Area or provide a replacement License Area to Licensee The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Section and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief and specific performance. 17.3. Interference Caused by City Access Licensee acknowledges and agrees that it will not be entitled to any License Fee abatement if the City exercises its rights to access, remove and/or store Equipment under Section 12 (Public Works' Operations) unless the City's acts or omissions cause Licensee to be unable to operate Equipment on the License Area for its permitted use for a period of more than 5 days, in which case, subject to proof, License Fees will be abated ratably for the entire period that Licensee is unable to operate any Equipment on any affected License Area calculated from the first day of such City acts or omissions 18. Default 18.1. Defaults and Cure Periods The parties agree that any failure to perform or observe any term, condition, obligation or other provision in this Master License or any Site License, beyond the applicable cure period, shall be a default. For any monetary default, the defaulting party shall have 30 days after written notice from the non-defaulting party to perfect a cure. The defaulting party shall not be entitled to any additional time to cure a monetary default. For any non-monetary default, the defaulting party shall have 30 days after written notice from the non-defaulting party to perfect a cure; provided, however, that for any non-monetary default that cannot reasonably be cured within 30 days, the defaulting party shall have additional time as is reasonably necessary to perfect the cure if the defaulting party commences to cure the default within the first 30 days after notice and diligently pursues the cure to completion. 18.2. Licensee's Remedies Except as may be otherwise provided elsewhere in this Master License, Licensee's sole remedies for the City's uncured default will be (1) to terminate the Site License(s) affected by the uncured 40 June 25, 2019 Item #7 Page 45 of 126 default on 30 days' prior written notice; and (2) an action for damages subject to the provisions in Section 15 (Limitations on Liability). 18.3 Licensee's Uncured Default and City's Remedies. If Licensee does not cure its default within the applicable cure period in Section 18.1, then thereafter City may elect any of the following remedies: (a) suspend Licensee's access to the Vertical Infrastructure or Utility Infrastructure to which the default pertains; (b) terminate the specific Site License Agreement(s) or affected portion thereof covering the Vertical lnfrastructure(s) or Utility Infrastructure to which the default pertains; (c) require Licensee's obligation to which the default has been declared to be specifically performed; and/or (d) continue in effect any applicable Site Licenses to which the default pertains, with the right of the City to enforce all its rights and remedies, which includes without limitation the right to receive all License Fees, Additional Fees, Default Fees and other sums as they may become due and to maintain an action at law against Licensee for damages directly incurred by the City arising directly from Licensee's uncured default. 18.4 City's Uncured Default and Licensee's Remedies. If the City does not cure its default, then thereafter, Licensee may elect to pursue any rights or remedies available to Licensee at law or in equity. 18.5 Default Fees In addition to all other rights and remedies available to the City, the City may require Licensee to pay an additional fee to offset the City's administrative cost to enforce compliance with the non- monetary terms of this Master License or any Site License as more particularly described on Schedule 2 (each a "Default Fee"). Licensee shall pay the Default Fee within 15 days after Licensee's receipt of a written demand from the City. If Licensee fails to timely pay the Default Fee or cure the underlying default within the applicable cure period, the City shall have the right (but not the obligation) to send Licensee a follow-up notice and demand for an additional Default Fee that will be due and payable within 30 days. Licensee's obligation to pay Default Fees is separate and distinct from the underlying default. Default Fee payments shall not be deemed to cure the underlying default. 41 June 25, 2019 Item #7 Page 46 of 126 18.6. Cumulative Remedies Except as otherwise provided in this Master License, all rights and remedies available to the City or Licensee are cumulative, and not a substitute for, any rights or remedies otherwise available to the City or Licensee. 19. Termination 19.1. Master License Termination by Licensee Except as otherwise provided in this Master License, Licensee may not terminate this Master License during the Initial Term. After the Initial Term, Licensee may, in Licensee's sole discretion, terminate this Master License on one (1) year's prior written notice to the City. To avoid any doubts, Licensee may not terminate this Master License within the Initial Term for any reason other than cause as provided in this Master License. 19.2. Site License Termination by Licensee (a) A Site License may be terminated by Licensee for any reason or no reason, and without further liability to Licensee, at any time prior to the Commencement Date effective upon written notice to the City. (b) Except as otherwise provided in this Master License, Licensee may not terminate any Site License within the first License Year. At any time after the first License Year, Licensee may, in Licensee's sole discretion and for any or no reason, terminate any Site License on 90 days' prior written notice to the City. 19.3. City's Termination Rights Due To Material Interference With City Municipal Functions/Threat To Public Health/Safety/Welfare The City has the right to terminate any or all Site Licenses on 90 days' prior written notice to Licensee if the City determines, in the City's sole reasonable judgment, that Licensee's operations on or about the License Area adversely affect or threaten public health and safety, materially interfere with the City's municipal functions or require the City to maintain Vertical Infrastructure or Utilities Infrastructure for an applicable Site License that the City no longer needs for its own purposes. In the event that the City terminates any Site License for reasons unrelated to Licensee's failure to perform its obligations under this Master License, the City shall refund any pre-paid Licensee Fee on a pro-rata basis. In addition, the City shall prioritize Licensee's Site License Application for any Site License to replace the terminated Site License; provided, however, that (1) the City shall prioritize only as many Site License Applications as Site Licenses terminated by the City and (2) the City's prioritization will not affect Licensee's obligations under this Master License. 42 June 25, 2019 Item #7 Page 47 of 126 20. Assignment and Other Transfers 20.1. General Restriction on Assignment and Other Transfers Except as specifically provided in Section 20.3 (Permitted Assignments), Licensee shall not directly or indirectly assign or transfer its interests or rights, whether in whole or in part, in connection with this Master License, any Site License or the License Area without the City's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed. 20.2. General Assignment and Other Transfer Procedures 20.2.1. Proposed Assignment Notice In the event that Licensee desires to assign or otherwise transfer any right, title or interest in this Master License or any Site License, whether in whole or in part, and such assignment or other transfer is not a Permitted Assignment, Licensee shall first send written notice to the City (the "Proposed Assignment Notice"), which states in detail the proposed terms and conditions for the proposed assignment or other transfer and complete information that the City reasonably requires to fully evaluate Licensee's request and render an informed decision, which includes without limitation, non-confidential financial statements, business track records, references and other information about the proposed assignee or transferee (the "Proposed Assignee"). In the event that Licensee does not provide all the such information simultaneously with the Proposed Assignment Notice, the Proposed Assignment Notice shall not be deemed effective until Licensee delivers all such information as the City may reasonably require. 20.2.2. City's Response to Proposed Assignment Notice The City shall approve or disapprove any request for consent to an assignment or other transfer within 30 days after the City receives a complete Proposed Assignment Notice (the "Assignment Response Period"). If the City fails to respond within the Assignment Response Period, the request for consent will be deemed disapproved. If the City delivers to Licensee written consent to the proposed assignment or other transfer, then Licensee shall have 100 days from such written consent to complete the assignment or other transfer. The City's consent will be deemed to be automatically revoked if Licensee fails to complete the proposed assignment or other transfer within said 100-day period; provided, however, that the 100-day period may be extended to a date certain in a written agreement, which the City shall not unreasonably refuse if the extension is necessitated by circumstances outside Licensee's control. 43 June 25, 2019 Item #7 Page 48 of 126 20.3. Permitted Assignments 20.3.1. General Authorization The City agrees that Licensee will be permitted to assign or otherwise transfer this Master License and any Site License(s) issued under it without the City's prior consent but with notice to the City as provided below, to: (1) an Affiliate; (2) an entity that acquires all or substantially all Licensee's assets in the market in which the License Area is located (as the "market area" is or may be defined by the FCC); (3) an entity that acquires a Controlling interest of Licensee by a change in stock ownership or partnership interest; (4) an entity Controlled by Licensee; or (S) an entity that is a s1.1ccessor to Licensee either by merger or other consolidation of Licensee (each such assignment or transfer, a "Permitted Assignment"). 20.3.2. Conditions on Permitted Assignments All Permitted Assignments will be subject to all the following conditions: (1) the Proposed Assignee may use the License Area only for the Permitted Use and holds all Regulatory Approvals necessary to lawfully install, operate and maintain Equipment on the License Area; (2) Licensee or its assignee provides the City notice of the Permitted Assignment no later than thirty (30) days follow the date of the assignment and assumption of the Master License or the applicable Site Licenses, as the case may be; and (3) Licensee is not in default of its obligations under this Master License beyond any applicable notice and cure period. 20.4. Effect of Assignment or Other Transfer No assignment or other transfer by Licensee, consent to assignment by the City, or Permitted Assignment under Section 20.3 (Permitted Assignments) will relieve Licensee from any obligation on its part under this Master License or any Site License unless the Proposed Assignee agrees in writing to assume all of Licensee's obligations under the Master License and Site Licenses. Any assignment or other transfer that is not in compliance with this Master License will be void and be a material default by Licensee without a requirement for notice and a right to cure. The City's acceptance of any License Fee, Additional Fee, or other payments from a Proposed Assignee will not be deemed to be the City's consent to such assignment or other transfer, recognition of any assignee or transferee or waiver of any failure of Licensee or other transferor to comply with this Section 20 (Assignments and Other Transfers). 20.5. Assumption by Assignee or Transferee Each Proposed Assignee shall assume all Licensee's obligations under this Master License and each assigned Site License. Except for a Permitted Assignment, no assignment or other transfer will be binding on the City unless Licensee or the Proposed Assignee delivers to the City evidence satisfactory to the City that the Proposed Assignee has obtained all Regulatory Approvals required to operate as a wireless communications service provider on the assigned License Area, a copy of the assignment or other transfer agreement and an instrument in recordable form that 44 June 25, 2019 Item #7 Page 49 of 126 contains a covenant of assumption by such Proposed Assignee satisfactory in substance and form to the City, consistent with the requirements in this Section 20 (Assignment and Other Transfers}. However, the failure or refusal by a Proposed Assignee to execute such instrument will not release such Proposed Assignee from its liability as set forth in this Section. Except for a-Permitted Assignment as provided in Section 20.3 (Permitted Assignments}, Licensee shall reimburse the City on demand for any reasonable costs that the City incurs in connection with any proposed assignment, which includes the costs to investigate the acceptability of the Proposed Assignee and legal costs incurred in connection with considering any requested consent. The City agrees that its right to reimbursement under this Section will be limited to Two Thousand Dollars and 00/100 Dollars ($2,000.00} for each request. 21. Licensee's Customers and Collocators Licensee may provide capacity to Licensee's customers using, or permit such customers to use, the Equipment installed by Licensee without the City's consent required in this Section; provided, however, that: (1) Licensee remains solely responsible for such Equipment and (2) such use by Licensee or Licensee's customers does not involve any physical changes to the Equipment other than changes permitted under Section 6.5 (Future Modifications to Equipment Shown on the Approved Plans}. In any other case, Licensee may provide capacity to Licensee's customers using, or permit such customers to use, the Equipment installed by Licensee upon prior written notice to the City that: (a} identifies the customer who will be using the Equipment and the location(s} where such use will occur; and (b} includes the appropriate annual fee for the additional carrier as specified in Section 4, prorated to account for any partial year. Thereafter, Licensee shall pay the additional carrier fee each year in the same manner as the License Fee so long as the additional carrier continues to use the Equipment. Notwithstanding anything in this Master License to the contrary, Licensee shall not be required to pay any additional fee to allow Licensee's customers to use wireline Equipment for data transport, backhaul or similar services. 22. Damage or Destruction of License Area 22.1. City's Rights after Damage or Destruction 22.1.1. City's Election to Repair or Replace Vertical Infrastructure Within 30 days after the date on which the City discovers damage or destruction on or about any Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be}, the City will give Licensee notice of the City's decision as to whether to repair or replace the damaged Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be} and its good faith estimate as to the time the City will need to complete the work. To clarify, Licensee is not responsible for any damage or destruction not caused by Licensee or outside of Licensee's control. If the City's time estimate exceeds 30 days, or if the City cannot complete the work within 30 days after the date that the City specifies in its notice, or if the City elects not to do the work, then Licensee will have the right to terminate the affected Site License(s} immediately upon written notice to the City. 45 June 25, 2019 Item #7 Page 50 of 126 22.1.2. City's Election to Remove Vertical Infrastructure If the City elects to remove, rather than repair or replace, any damaged Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) licensed to Licensee, then the applicable Site License will automatically terminate on the last day of the month in which the removal occurs. 22.1.3. City's Election to Remove Equipment If the acts by third parties or other force majeure circumstance outside the Licensee's or its Agent's or lnvitee's control destroys or damages any Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be), License Area or other City Property to such an extent that, in the City's reasonable determination, the Equipment on the Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be), License Area or other City Property cannot be operated, the City and/or Licensee may decide to terminate the affected Site License on 30 days' notice to the other party. Upon such termination, Licensee shall remove the Equipment from the damaged Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) within 90 days of such notice. 22.2. Licensee's Rights after Termination After any termination of a Site License pursuant to Section 22.1 (City's Rights After Damage or Destruction), the City will: (1) refund any pre-paid License Fee in connection with the terminated Site License on a pro-rata basis determined by the number of months left in the current License Year at the time such termination occurs, unless the termination occurs in the first 12 months after the Commencement Date; and (2) prioritize Licensee's Site License Application for one replacement Site License for each such license terminated by the City. 22.3. Licensee's Statutory Waiver The parties understand, acknowledge and agree that this Master License fully governs their rights and obligations in the event that any licensed Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) becomes damaged or destroyed, and, to the extent applicable, the City and Licensee each hereby waives and releases the provisions in California Civil Code §§1932(2) and 1933(4), as either may be amended or superseded, or any similar Laws. 46 June 25, 2019 Item #7 Page 51 of 126 23. Condemnation 23.1. Permanent Takings In the event that any person or entity with the power to condemn permanently takes any License Area, in whole or in part, or in the event that the City transfers any License Area in whole or in part to such entity in lieu of eminent domain, the City must make a good-faith effort to provide 60 days prior written notice to Licensee of any proposed taking and the following provisions will apply: 23.1.1. Termination Rights after Condemnation Any affected Site License will automatically terminate as to the part taken or transferred on the date the permanent taking or transfer occurs. At the same time, the License Fee under the affected Site License will be ratably reduced to account for the reduction in License Area. Notwithstanding the forgoing, Licensee shall have the right to terminate any Site License upon 30-days written notice to the City if Licensee determines in its sole discretion that any such condemnation (or other transfer in lieu of condemnation) will interfere with Licensee's operations. 23.1.2. Award The City will be entitled to any award paid or made in connection with the taking or any sums paid in lieu of such taking. Licensee will have no Claim against the City for the value of any unexpired Term under either this Master License, any Site License or otherwise except that Licensee may claim any portion of the award that is specifically allocable to Licensee's loss or damage to Licensee's Equipment. 23.1.3. No Statutory Right to Terminate The parties understand, acknowledge and agree that this Section 23.1 (Permanent Takings) is intended to fully govern the parties' rights and obligations with respect to a permanent taking for which just compensation is due. Licensee and the City each hereby waives and releases any right to terminate this Master License in whole or in part under California Code of Civil Procedure §§ 1265.120 and 1265.130, as both may be amended or superseded, and under any similar Laws to the extent applicable to this Master License and any Site License(s). 23.2. Temporary Takings The City must provide at least 60 days prior written notice to Licensee of any City-initiated taking that affects any License Area, in whole or in part, for less than 90 days and such temporary taking will have no effect on the affected Site License, except that Licensee will be entitled to terminate any Site License or a pro-rata abatement in the applicable License Fee to the extent that such 47 June 25, 2019 Item #7 Page 52 of 126 temporary taking materially impairs Licensee's ability to use the License Area for more than 10 days or interferes with Licensee's operations. 24. Records 24.1. City Audit Rights of Licensee's Accounting Records Licensee shall maintain in accordance with Licensee's standard record retention policies, the following records at one of Licensee's physical office within the State of California: (i) accounting records that contains the amount and payment date for all License Fees paid to the City pursuant to this Master License and any Site Licenses. To determine whether Licensee has fully and accurately paid all License Fees and other sums payable to the City under this Master License and any Site License, the City, or its designee, will have the right one time in any consecutive five (5) year period during the Term of the Master License and so long as litigation is not pending between the City and Licensee arising from or related to this Master Agreement, to inspect and audit Licensee's accounting records at one of Licensee's offices in the State of California during regular business hours on thirty (30) business days' advance written notice to Licensee. Such written notice from the City must identify with specificity the period for which the City wishes to conduct its audit. Licensee shall have the right to have employee and its Agents physically present at all times that the City, its employees or Agents are conducting any such audit and representatives of the City shall comply with Licensee's standard accounting policies and procedures pertaining the City's auditing of Licensee's accounting records which are considered by Licensee to be proprietary and confidential. In the event that any City audit concludes that Licensee failed to pay License Fees and other sums by more than ten percent (10%) of the aggregate amount of License Fees and other sums due under this Master License for the period identified by the City in is written notice to Licensee then, Licensee shall, within 15 business days after Licensee's receipt of a written invoice from the City, pay (i) all outstanding sums and (ii) reimburse the City for the City's reasonable, actual and documented costs and expenses to conduct the audit. Notwithstanding the foregoing, if the audit reveals that Licensee failed to pay License Fees and other sums by less than ten percent (10%) of the aggregate amount of License Fees and other sums due under this Master License for the period for which the City notified Licensee, then Licensee shall remit any underpayment within 15 days after Licensee's receipt of a written demand from the City, and the City shall reimburse Licensee within 15 business days of the City's receipt of Licensee's invoice for Licensee's reasonable, actual and documented costs and expenses to supervise and otherwise participate in the City's conduct of the audit. If the City's audit reveals that Licensee has overpaid its License Fees and other sums due to the City under the Master License, then the City shall reimburse Licensee for any such overpayment within 15 days of the City's receipt of Licensee's invoice together with Licensee's supervisory and participation costs identified in the preceding sentence. 48 June 25, 2019 Item #7 Page 53 of 126 24.2. Equipment Inspections and Audits The City has the right (but not the obligation) to inspect the License Area and the Equipment to evaluate Licensee's compliance with this Master License, any Site License and all applicable Laws; however, the City shall not touch or interfere in any way with any Equipment, except as otherwise allowable herein. In the event that any such inspection or evaluation concludes that Licensee installed Equipment without proper authorization or that ten percent (10%} or more sites were not installed in substantial compliance with the Approved Plans or all applicable Laws, the City shall send written notice of such to Licensee along with documentation of substantial non- compliance ("Non-Compliance"). After receipt of the Non-Compliance, Licensee shall have 30 business days to review and request additional documentation that may be reasonably required to confirm the validity of the City's Non-Compliance claim. If the Non-Compliance is undisputed, Licensee shall reimburse the City for the reasonable, actual and documented costs and expenses to conduct the investigation or evaluation of Non-Compliance, which shall not exceed $5,000 and shall only be reimbursed once every 5 years. 24.3. Estoppels Licensee, at any time throughout the Term and on not less than 30 business days' following Licensee's receipt of written notice from the City, shall execute, acknowledge and deliver to the City or its designee, an estoppel certificate for the requested Site License with the following statements: (i) that Licensee has accepted the License Area (or, if Licensee has not done so, that Licensee has not accepted the License Area in whole or in part and specifying the applicable License Areas and reasons for non-acceptance); (ii) the Commencement Date; (iii) the Effective Date and Expiration Date of this Master License; (iv) that the Master License is in full force and effect and whether or not the Master License and the Site License has been modified and, if so, the manner in which they were modified; (v) whether any defenses currently exist against any action to enforce Licensee's obligations under this Master License (and, if so, specifying the same); (vi) whether Licensee believes that the City failed to perform any obligations under this Master License or the Site License (and, if so, specifying any obligations that Licensee believes that the City has failed to meet); (vii) the dates, if any, on which the License Fees and Additional Fees have been paid; and (viii) any other information that may be reasonably required by the City pertaining to the status of the requested Site Licenses. 25. Rules and Regulations At all times throughout the Term, Licensee shall fully and faithfully comply with any and all non- discriminatory and reasonable rules, regulations and instructions that the City may from time-to- time establish and/or amend with respect to the License Area as long as they are provided in advance to Licensee and not inconsistent with the terms of this Master License, any Site License or applicable Law. 49 June 25, 2019 Item #7 Page 54 of 126 26. Surrender of License Area 26.1. Licensee's Removal and Restoration Obligations No later than sixty {60) days after this Master License or any Site License expires or terminates, as the case may be, Licensee shall {1) peaceably remove its Equipment from the License Areas affected by the expiration or termination; {2) restore any such License Areas and other City Property affected by the removal to the condition that existed immediately before Licensee installed its Equipment, reasonable wear and tear and loss by casualty or other causes beyond Licensee's control excepted; and {3) surrender such License Areas to the City free and clear from any debris, hazards, liens and encumbrances caused by Licensee. Subject to the approval of the City Manager, the City may grant an additional thirty {30) days for Licensee to fulfill its obligations as set forth in this Section 26.1. The obligations under this Section 26.1 will survive this Master License's or any Site License's expiration or termination. 26.2. Abandonment At its option, the City may deem any Equipment to be abandoned that remains on any Vertical Infrastructure, Utility Infrastructure, License Area or other City Property for more than 60 days after this Master License or any applicable Site License expires or terminates. In any case, the City may dispose of abandoned Equipment in any lawful manner, at Licensee's sole cost. Licensee agrees that California Civil Code sections 1980 et seq., as may be amended or superseded, and similar Laws addressing abandoned property by residential or commercial tenants do not apply to any abandoned Equipment. 26.3. Hold Over If Licensee fails to surrender the License Area under a particular Site License as required in this Master License, and the City consents to Licensee's holdover, the Term will be automatically extended for such Site License on a month-to-month basis for up to one {1) year on the same terms and conditions except that the License Fee shall automatically increase by one hundred twenty-five percent {125%) over the then-current License Fee. Any further month to month holdover after one {1) year will be subject to a License Fee increase of 150% over the License Fee in effect at the start of the holdover. Any holdover without the City's consent will be a default by Licensee and will entitle the City to exercise any or all rights and remedies. 27. Surety Bond 27.1. Surety Bond Amount Prior to any installation, construction or other work performed by Licensee pursuant to this Master License or any Site License, Licensee shall furnish the City with a surety bond in the amount equal to Seventy-Five Thousand and 00/100 Dollars {$75,000.00) {the "Surety Bond") as security to provide recourse for the City {at its option) in the event that Licensee defaults on so June 25, 2019 Item #7 Page 55 of 126 its obligations to remove its Equipment from any License Area for a terminated or expired Site License or to perform its restoration obligations as set forth in Section 26.1 under this Master License. Such bond shall be with a company and in a form reasonably satisfactory to the City Manager and the City Attorney. 27.2. Bond Amount Replenishment In the event that the City applies or uses the Surety Bond, in whole or in part, to cure any default by Licensee under Section 26.1, then Licensee shall replenish the Surety Bond to $75,000 within thirty (30) business days following Licensee's receipt of written notice from the City that the City has applied or used the Surety Bond and the City requires the replenishment of the Surety Bond in accordance with this Section 27.2. The City's replenishment notice shall include a complete copy of Section 27.1 and Section 27.2 of this Master License to be considered an effective replenishment notice to Licensee. The City may, in the City's reasonable judgment, require Licensee to increase the Surety Bond amount from time-to-time if the City determines that Licensee has been habitually placed in default of Site Licenses by the City in connection with Licensee's performance of its removal and restoration obligations under Section 26.1 of this Master License and therefore the City warrants additional security to ensure Licensee's performance of its Section 26.1 obligations. 27 .3. Bond Application Licensee agrees that the City may use the Surety Bond, in whole or in part, to remedy any failure by Licensee to perform any term, covenant or condition in Section 26.1 of this Master License. In the event that the City uses the Surety Bond in whole or in part, the City will not be deemed to have waived any rights under this Master License, or legal or equitable rights whatsoever. Licensee expressly waives any rights it may have under California Civil Code§ 1950.7, as may be amended or superseded, or any similar Laws and agrees that the City may retain from the Surety Bond any portion reasonably necessary to compensate the City for any foreseeable or unforeseeable loss or damage caused by Licensee's, its Agents' or lnvitee's acts or omissions. 28. Miscellaneous Provisions 28.1. Notices Except as may be specifically provided otherwise in this Master License, all notices, demands or other correspondence required to be given in connection with or pursuant to this Master License must be written and delivered through (i) an established national courier service that maintains delivery records and confirmations; (ii) hand delivery; or (iii) certified or registered U.S. Mail with prepaid postage and return receipt requested, and addressed as follows: 51 June 25, 2019 Item #7 Page 56 of 126 TO CITY: With a required copy to: TO LICENSEE: With a copy to: City of Carlsbad Attention: Real Estate Manager 1200 Carlsbad Village Drive Carlsbad, CA 92008 Telephone: (760} 434-2836 City of Carlsbad Attention: City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008 Telephone: (760} 434-2891 New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Site No. City of Carlsbad Wireless Master License Agreement (CA} 575 Morosgo Drive NE Atlanta, GA, 30324 New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept-Network Operations Site No. City of Carlsbad Wireless Master License Agreement (CA} 208 S. Akard Street Dallas, TX 75202-4206 All notices, demands or other correspondence in connection with this Master License shall be deemed effective upon delivery or refusal of delivery. Telephone, facsimile and email information are provided for convenience and for couriers who may require such information, and any notice given solely through electronic means will not be deemed to be effective notice. Any copies required to be given constitute an administrative step for the parties' convenience and not actual notice. The parties may change the notice addresses above from time-to-time through written notice to the addresses above or the then-current notice address. 28.2. Waivers No failure by either the City or Licensee to insist that the other strictly perform any obligation, term, covenant or condition under this Master License or to exercise any rights, powers or remedies in connection with the other party's failure to strictly perform such obligation, term, 52 June 25, 2019 Item #7 Page 57 of 126 covenant or condition no matter how long the failure to insist on such performance or exercise such rights, powers or remedies, will be deemed to waive any default for non-performance. No behaviors, patterns or customs that may arise between the parties with respect to their performance required under this Master License will be deemed to waive any rights, powers or remedies the parties' may have to insist on strict performance. Neither Licensee's payment nor the City's or its Agents' acceptance of any License Fees, Additional Fees or any other sums due to the City or its Agents under this Master License during any such default will be deemed to cu re any such default, waive the City's right to demand material compliance with such obligation, term, covenant or condition or be deemed to be an accord and satisfaction for any Claim the City may have for further or additional sums. Any express waiver by either the City or Licensee in connection with any default or obligation to perform any provision, term, covenant or condition under this Master License will: (i) be limited to the specific default or performance for which the express waiver is granted; (ii) not be deemed to be a continuing waiver; and (iii) not affect any other default or performance no matter how similar or contemporaneous such other default or performance may be. The City's or Licensee's consent given in any specific instance in connection with or pursuant to this Master License will not relieve the City or Licensee from the obligation to secure the other's consent in any other or future specific instances, no matter how similar or contemporaneous the request for consent may be. 28.3. Integration; Amendments This Master License constitutes the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings, whether written or oral, with respect to the subject matter covered in this Master License. This Master License and any Site Licenses (and any default in connection with this Master License or any Site Licenses) may not be orally changed, waived, discharged, altered, modified, amended or terminated. This Master License and any Site Licenses (and any default in connection with this Master License or any Site Licenses) may not be changed, waived, discharged, altered, modified, amended or terminated, except by a written instrument signed by both parties. 28.4. Interpretation The parties acknowledge and agree that the following interpretive rules will be applicable to this Master License and any Site License: 28.4.1. General Whenever required by the context, the singular includes the plural and vice versa; the masculine gender includes the feminine or neuter genders and vice versa; and defined terms encompass all their correlated forms (e.g., the definition for "indemnify" applies to "indemnity," "indemnification," etc.). 53 June 25, 2019 Item #7 Page 58 of 126 28.4.2. Joint and Several Liability In the event that the City consents to enter into this Master License with more than one Licensee, which consent the City may withhold or condition in the City's sole and absolute discretion, the obligations and liabilities imposed on Licensee under this Master License will be joint and several among the multiple Licensees to this Master License. 28.4.3. Captions and Other Reference Material The section captions in this Master License and the table of contents have been included for the parties' convenience and reference and neither the captions nor the table of contents in no way define or limit the scope or intent of any provision in this Master License. 28.4.4. Time References in this Master License to "days" mean calendar days, unless specifically provided otherwise. A "business day" means a day other than a Saturday, Sunday or a bank or City holiday. If the last day in any period to give notice, reply to a notice or to undertake any other action occurs on a day that is not a business day, then the last day for giving notice, replying to the notice or undertaking any other action will be the next business day. Except as modified in this Section, time is of the essence with respect to all provisions in this Master License for which a definite time for performance is specified. 28.4.5. Inclusive Words and/or Phrases Inclusive terms and/or phrases, which includes without limitation the terms and/or phrases "including," "such as" or similar words or phrases that follow any general or specific term, phrase, statement or matter may not be construed to limit the term, phrase, statement or matter to the stated terms, statements or matters, or the listed items that follow the inclusive term or phrase, whether any non-limitation language or disclaimers, such as "including, but not limited to" and/or "including without limitation" are used or not. Rather, the stated term, phrase, statement or matter will be interpreted to refer to all other items or matters that could reasonably fall within such term, phrase, statement or matter given its broadest interpretation. 28.5. Successors and Assigns Except as may be expressly provided in this Master License, the conditions, covenants, promises and terms contained in this Master License will bind and inure to the benefit of the City and Licensee and their respective successors and assigns. 28.6. Brokers The parties represent to each other that neither has had any contact, dealings or communications with any Broker in connection with this Master License, whose commission, if any, would be paid 54 June 25, 2019 Item #7 Page 59 of 126 pursuant to a separate written agreement between such Broker and such party with which such Broker contracted. In the event that any Broker perfects any claim or finder's fee based upon any such contact, dealings or communications, the party to such written contract with such Broker shall indemnify the other party from all Claims brought by such Broker. This Section 28.6 will survive this Master License's expiration or earlier termination. 28.7. Governing Law; Venue This Master License must be construed and enforced in accordance with the laws of the State of California and the Carlsbad Municipal Code, without regard to the principles of conflicts of law. This Master License is made, entered and will be performed in the City of Carlsbad, County of San Diego, State of California. Any action concerning this Master License must be brought and heard in the California Superior Court for the County of San Diego or the United States District Court, Southern District of California if federal law applies. 28.8. Litigation Fees and Costs In the event the City or Licensee prevails in an action to enforce its rights under this Master License or individual Site License, the prevailing shall be entitled to recover its costs and expenses, including reasonable attorneys' fees, incurred in connection with such action. 28.9. Recording Licensee acknowledges and agrees that: (1) this Master License and any Site License affects the City's personal property and therefore cannot be recorded in any official records; (2) Licensee shall not have the right to record this Master License, any Site License, any memorandum or any short-form agreement in relation to this Master License or any Site License; and (3) Licensee shall, at Licensee's sole cost and expense, remove any document or other instrument recorded against the City's title to any City Property promptly upon the City's request or demand. In the event that this Master License or any Site License affects or is deemed to affect any real property owned by the City, Licensee may not record any document or instrument in connection with this Master License or any Site License without the City's prior written consent, which the City may withhold in the City's sole and absolute discretion. 28.10. No Third-Party Beneficiaries Neither this Master License nor any Site License is intended to (and shall not be construed to) give any third party, which includes without limitation Licensee's customers or any other third- party beneficiaries, any right, title or interest in this Master License, any Site License or the real or personal property(ies) that may be affected by the same. 55 June 25, 2019 Item #7 Page 60 of 126 28.11. Survival All terms, provisions, covenants, conditions and obligations in this Master License and any Site License will survive this Master License's or the subject Site License's expiration or termination when, by their sense or context, such provisions, covenants, conditions or obligations: (1) cannot be observed or performed until this Master License's or any Site License's expiration or earlier termination; (2) expressly so survive; or (3) reasonably should survive this Master License's or any Site License's expiration or earlier termination. Notwithstanding any other provision in this Master License or any Site License, the parties rights to enforce any and all indemnities, representations and warranties given or made to the other party under this Master License, any Site License or any provision in this Master License or any Site License will not be affected by this Master License or any Site License expiration or termination. 28.12. Severability If any provision in this Master License, any Site License or such provision's application to any person, entity or circumstances is or held by any court with competent jurisdiction to be invalid or unenforceable: (1) such provision or its application to such person, entity or circumstance will be deemed severed from this Master License or any Site License; (2) all other provisions in this Master License, any Site License or their application to any person, entity or circumstance will not be affected; and (3) all other provisions in this Master License, any Site License or their application to any person, entity or circumstance will be valid and enforceable to the fullest extent permitted by Law, except to the extent that such enforcement would (a) be manifestly unreasonable or manifestly inequitable under all the circumstances or (b) undermine one or both parties' fundamental purpose in entering this Master License. 28.13 Jointly Drafted This Master License has been jointly negotiated and, although formulated at the outset by counsel for the City, the Master License has been reviewed by counsel for Licensee, and each such counsel has participated in the preparation of the final Master License. The language of this Master License shall be construed as a whole according to its fair meaning and not strictly for or against any party, and it is agreed that no provision hereof shall be construed against any party hereto by virtue of the activities of that party or such party's attorneys. [END OF MASTER LICENSE -SIGNATURE PAGE APPEARS ON NEXT PAGE] 56 June 25, 2019 Item #7 Page 61 of 126 IN WITNESS WHEREOF, the City and Licensee executed this Master License on the Effective Date: THE CITY: City of Carlsbad, a California municipal corporation By: Date: Matt Hall Mayor APPROVED AS TO PRM: By, /!Uc l, Celia A. Brewer City Attorney Date: APPROVED BY CITY COUNCIL RESOLUTION NO. 3-.0l 9-I{)'-/ ATTEST: By: \ ~·r(/_ztl~ ~ Barbara Engleson V -City Clerk Date: LICENSEE: New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation ~::M•u:z [END OF SIGNATURE PAGE -EXHIBITS & SCHEDULES BEGIN ON NEXT PAGE] 57 June 25, 2019 Item #7 Page 62 of 126 Exhibit A FORM OF SITE LICENSE AGREEMENT {appears behind this coversheet - 4 pages) June 25, 2019 Item #7 Page 63 of 126 SITE LICENSE NO. [INSERT NUMBER IN CONSECUTIVE ORDER] Pursuant to that certain Master License between the City of Carlsbad, a California municipal corporation (the "City") and New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Licensee"), Licensee submits to the City two partially executed counterparts of this Site License, together with all the materials listed below, as its Site License Application in accordance with Section 6 under the Master License: 1. Exhibit A-1, which contains a summarized list that identifies all Vertical Infrastructure and Utility Infrastructure covered under this Site License Application; 2. Exhibit A-2, which contains detailed construction plans for the proposed installation(s) and an inventory for all proposed Equipment to be installed on the Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) covered under the Site License Application; 3. a License Fee equal to [$ ______ * per Site License multiplied (x) by the number of Site Licenses]; *License Fee to be calculated in accordance with License Fee Schedule to this Master License 4. all other information and materials required for a complete application for all Regulatory Approvals issued by the City's departments, which the City may update from time-to-time in accordance with applicable Laws; and 5. if Staff Augmentation by the City has been approved in writing as provided in this Master License, a deposit for the City's estimated Staff Augmentation costs. Licensee acknowledges that: (1) this Site License will not be effective until the City returns a fully executed copy to Licensee; and (2) Licensee will not have the right to access or install Equipment on the License Area until after Licensee has: (a) submitted a complete Acknowledgment Letter to the City with all information and funds required; (b) submitted insurance information to the City as specified in Exhibit B to the Master License; and (c) the City has provided notice to proceed by returning to Licensee a countersigned copy of the Acknowledgment Letter. This Site License is executed and effective on the last date written below and, upon full execution will be the City's authorization for the City to begin its review of the locations and plans and specifications proposed in this Site License Application. [END OF SITE LICENSE-SIGNATURES APPEAR ON NEXT PAGE] June 25, 2019 Item #7 Page 64 of 126 THE CITY: City of Carlsbad, a California municipal corporation By: ___________ _ Name: ___________ _ Its: ------------- Date: ____________ _ LICENSEE: New Cingular Wireless PCS, LLC a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: ___________ _ Name: ___________ _ Its: ------------- Date: ____________ _ June 25, 2019 Item #7 Page 65 of 126 Exhibit A-1 VERTICAL INFRASTRUCTURE & UTILITY INFRASTRUCTURE LOCATIONS/ LICENSE AREA Site License No. [Licensee to list all proposed Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be) requested in this Site License Application] June 25, 2019 Item #7 Page 66 of 126 Exhibit A-2 LICENSEE'S PLANS AND SPECIFICATIONS Site License No. [Licensee to attach all plans and specifications, including a traffic control plan for each site, for all Equipment proposed to be installed at all proposed Vertical Infrastructure (including the Utility Infrastructure serving the Vertical Infrastructure, as the case may be)] June 25, 2019 Item #7 Page 67 of 126 Exhibit A-3 FORM OF ACKNOWLEDGMENT LETTER [Licensee to complete and submit after Regulatory Approvals obtained] [insert date] [insert addressee information] RE: Site License No. Dear City Manager: This letter will confirm the following: (1) that Licensee has obtained all the Re gulatory Approvals required for the Permitted Use under this Site License, and (2) the Site License Effective Date is 20_, which is the first day of the month after the City has signed this Acknowledgment Letter. The Initial Term of ten (10) years, expires on ----~ 20_, unless earlier terminated in accordance with the Master License. The Initial Term will automatically renew for two (2) consecutive 5-year periods (each a Site License Renewal Term) (unless Licensee provides written notice to the City at least sixty (60) days prior to the expiration of the Initial Term or the first Site License Renewal Term, of Licensee's intent not to renew the Site License term. This letter also confirms that Licensee has submitted all required insurance information to the City and the Surety Bond required under Section 27.1 of the Master License. A check for the full License Fee for the first License Year of this Site License is attached. Please acknowledge the City's receipt of this letter and the items listed below, and issue the City's approval for Licensee to begin installation of Equipment on the License Area by signing and returning a copy of this letter. Sincerely, By: Its: By: _________ _ Name: -------- 1 ts: ___________ _ Enc. [ ] copies of all permits issued by the City's departments June 25, 2019 Item #7 Page 68 of 126 [ ] Licensee's Insurance certificates [ ] Contractor's insurance certificates [ ] First License Year's License Fee [ ] Surety Bond As Required By Section 27.1 of Master License SITE LICENSE NO. APPROVED: By: Date: Scott Chadwick City Manager June 25, 2019 Item #7 Page 69 of 126 Exhibit B LICENSEE'S INSURANCE OBLIGATIONS 1. General. A. Prior to performing work under this Agreement, Licensee shall furnish City a certificate of insurance on a standard insurance industry ACORD form. The insurance coverage required must be issued by an insurance company licensed, authorized or permitted to transact business in the State of California, possessing a current A.M. Best, Inc. rating of A-VII or better, and evidenced coverage shall be reasonably satisfactory to City. B. Licensee shall, and shall require any of its contractors while working hereunder to obtain and maintain substantially the same coverage as required of Licensee with reasonable and prudent limits, procure and maintain, until all of their obligations have been discharged the insurances set forth below. C. The insurance requirements set forth in no way limit the indemnity covenants contained in this Agreement. D. City in no way warrants that the insurance limits contained in this Agreement are sufficient to protect Licensee from liabilities that might arise out of the performance of this Agreement by Licensee and its contractors, and Licensee is free to purchase any additional insurance as may be determined necessary. E. Failure to demand evidence of full compliance with the insurance requirements in this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor will it be considered a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 2. Scope and Limits of Insurance. Licensee shall provide coverage with limits of liability stated below. A. Commercial General Liability-Occurrence Form. Licensee must maintain Commercial General Liability insurance with a limit of $2,000,000 per occurrence for bodily injury and property damage and $4,000,000 general aggregate including premises-operations, products and completed operations, independent contractor, contractual liability, personal injury and advertising injury. June 25, 2019 Item #7 Page 70 of 126 B. Commercial Automobile Liability. Licensee must maintain Commercial Automobile Liability insurance in the amount of $1,000,000 combined single limit each accident for bodily injury and property damage covering all of Licensee owned, hired, and/or non-owned vehicles assigned to or used in the performance of Licensee's work or activities under this Agreement. C. Workers Compensation and Employers Liability Insurance. Licensee must maintain Workers Compensation insurance in compliance with the statutory requirements of the state of operation and Employer's Liability with a limit of $1,000,000 for each accident; $1,000,000 disease for each employee; $1,000,000 disease-policy limit. D. Builders' Risk/Installation Floater Insurance. Builders' Risk/Installation Floater Insurance or self-insurance must be maintained until whichever of the following first occurs: (i) final payment has been made; or, (ii) until no person or entity, other than City, has an insurable interest in the property required to be covered. (a) The Builders' Risk/Installation Floater insurance must be endorsed so that the insurance will not be canceled or lapse because of any partial use or occupancy by City. (b) The Builders Risk/Installation Floater insurance must include as named insureds, City, Licensee, and all tiers of contractors and others with an insurable interest in the Work (c) The Licensee is responsible for payment of all deductibles under the Builders' Risk/Installation Floater insurance policy. 3. Additional Policy Provisions Required. A. Miscellaneous Provisions. (1) Licensee's required commercial general and auto liability insurance coverage must be primary insurance with respect to City, its officers, officials, and employees. Any insurance or self-insurance maintained by City, its officers, officials, and employees shall be in excess of the coverage provided by Licensee and must not contribute to it. (2) Licensee's insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (3) The policies must contain a severability of interest clause and waiver of subrogation against City, its officers, officials, and employees, for losses arising from work performed by Licensee for City. (4) Licensee is required to maintain Commercial General Liability insurance as specified in this Agreement for a minimum period of one (1) year following completion and acceptance of the work. Licensee must submit a Certificate of Insurance evidencing Commercial June 25, 2019 Item #7 Page 71 of 126 General Liability insurance during this period evidencing the insurance requirement and, including the required Additional Insureds set forth herein. (S) If a Certificate of Insurance is submitted as verification of coverage, City will reasonably rely upon the Certificate of Insurance as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. (6) Upon receipt of notice from its insurer, Licensee shall use its best effort to provide the City with thirty (30) days prior written notice of cancellation of any required coverage that is not replace. Such notice shall be sent directly to City of Carlsbad Attention: Finance Manager Ed Garbo 1635 Faraday Avenue Carlsbad, CA 92008 Telephone: (760) 602-2471 Email: ed.garbo@carlsbadca.gov B. City as Additional Insured. The above-referenced policies shall, excluding workers compensation and employer's liability include the City, its officers, officials, and employees as an additional insured as their interest may appear under this Agreement with respect to liability arising out of activities performed by Licensee. The City's additional insured status shall (i) be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Licensee, its employees, agents or independent contractors; (ii) not extend to claims for punitive or exemplary damages arising out of the acts or omissions of the City, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of the City, its employees, agents or independent contractors; and, (iii) not exceed Licensee's indemnification obligation under this Agreement, if any. 4. Option to Self Insure Notwithstanding the forgoing, and provided Licensee maintains an equity balance of at least One Hundred Fifty Million Dollars ($150,000,000) ("Minimum Equity Balance"), Licensee may, in its sole discretion, self insure any of the required insurance under the same terms as required by this Agreement. In the event Licensee elects to self-insure its obligation under this Agreement to include the City as an additional insured, the following conditions apply: (i) the City shall promptly and no later than thirty (30) days after notice thereof provide Licensee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Licensee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) the City shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Licensee; and (iii) the City shall fully cooperate with Licensee in the defense of the claim, demand, lawsuit, or the like. June 25, 2019 Item #7 Page 72 of 126 Within thirty (30) days of receipt of City's written request for same, which request must be accompanied by this Section 4, Option to Self-Insure. and not be made by the City to Licensee more than one (1) time in any consecutive twelve (12) month period during the Term of this Master License, Licensee shall cause an authorized representative of Licensee or Licensee's ultimate parent company, _____ to certify to the City that as of the most recent unaudited financial statement of Licensee, Licensee maintains the Minimum Equity Balance required hereunder for the right to self-insure any of the required insurance hereunder. The right to self-insure hereunder is limited to Licensee and any Affiliate of Licensee which is under the ultimate control of-----~ provided that any such Affiliate of Licensee must maintain the Minimum Equity Balance. Otherwise the right to self-insure required coverages under this Master License is prohibited unless the City in its sole discretion otherwise approves of the party seeking to self-insure required coverages. June 25, 2019 Item #7 Page 73 of 126 Schedule 1 VIOLATION INITIAL NOTICE EACH FOLLOW-UP NOTICE* unauthorized installations $750 $500 failure to make required $500 $500 repairs within the prescribed time period under the Master Licensee following Licensee's receipt of written notice from the City of the need to make re·quired repairs access violations $500 $500 insurance violations $500 $500 *By mutual agreement, the City shall not issue a follow-up Default Fee Notice to Licensee more than one (1) time in any consecutive thirty (30) day period, or until the expiration of the applicable cure period under the Master License to which the alleged violation applies, whichever date is later to occur June 25, 2019 Item #7 Page 74 of 126 Kira Linberg From: Sent: To: Subject: Please distribute to council. From: Elaine Lukey · Andrea Dykes Monday, June 24, 2019 9:17 AM Kira Linberg FW: Question about Agenda #7 Sent: Monday, June 24, 2019 7:42 AM All Receive -Agenda Item#~ For the lnform.ition of the: . CITY COUNC!,l. / Date i,.,. 24 CA / CC CM 1coo ✓ REP I l•l iZ To: 'Kris Wright' Cori Schumacher <cori@corischumacher.com> Cc: Celia Brewer <Celia.Brewer@carlsbadca.gov>; Scott Chadwick <Scott.Chadwick@carlsbadca.gov> Subject: RE: Question about Agenda #7 . Good morning, Council Member Schumacher, Thank you for forwarding, we will respond with a Council Inquiry. Good morning, Kris, staff will be reaching out to you later this week with either the information pertaining to your email below, or a status of the response. Best regards, Elaine r=··· ·.~•·•,. ·.· ,re· ·ty f .. '-. 11. 0 Carlsba.d Elaine M Lukey MS, CPEA, CPM Chief Operations Officer City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 www .carlsbadca ,gov 760-434-2821 I elaine.lukey@carlsbadca.gov Facebook I Twitter I You Tube I Flickr I Pinterest I Enews Character Innovation Stewardship Excellence Empowerment Communication From: Kris Wright [ Sent: Sunday, June 23, 2019 5:18 PM To: Cori Schumacher <cori@corischumacher.com> Cc: Elaine Lukey <Elaine.Lukey@carlsbadca.gov>; Celia Brewer <Celia.Brewer@carlsbadca.gov> Subject: Re: Question about Agenda #7 1 June 25, 2019 Item #7 Page 75 of 126 Thank you, Cori. I also understand there is a bill in the house to re-establish local control for the SG infrastructure. https: // eshoo. house .gov /news-stories/press-releases/ over-125-loca I-governments-and-130- pu blic-uti I ities-in-47-states-voice-su pport-for-eshoo-bi I 1-to-em power-local-Sg-deployment/ ) I noticed that the City of Carlsbad is not on record for endorsing this bill. HR530. best, Kris On Sun, Jun 23, 2019 at 4:35 PM <cori@corischumacher.com> wrote: Dear Kris, I have CC'd senior staff here so they are able to fill you in on the specific policies/information related to small cell infrastructure we have been involved with over the course of the last year and a half. Thanks, Cori Schumacher Carlsbad Councilmember On Jun 23, 2019, at 3:48 PM, Kris Wright wrote: I have been communicating with Terry Gaasterland, Del Mar and she says that their city wrote a policy that helped with placement of these units. Attached is from a City Council meeting. Also I am told that some of these units reach up to SSdb. This just won't work for . neighborhoods. http:// del mar .12m ilesout.com/video/meeti ng/9f20d26f-9 5fl-45f3-b 1 fa-5ec9c8c998bb fyi, Kris On Sun, Jun 23, 2019 at 3:09 PM Kris Wright wrote: Thank you for your hard work. Yes I read that there is not much we can do at the local level except make people aware of the issue of potential health issues with the SG technology. My concern from all that I have read is that there are health hazards associated with this "advancement." I believe this is a case where lobbyists have won over the rights of all of us to have a healthy environment. best, Kris · On Sun, Jun 23, 2019 at 1:57 PM Cori Schumacher <cori@corischumacher.com> wrote: Dear Kris, If you continue reading the staff report, you will see that there are new federal regulations that went into effect Jan. 2019 that preempt local control with regard to small cell wireless facility deployment. I have worked alongside the League of California Cities over the last year and a, half to prevent this ; -from occurring .at the state level, however ATT and other communications conglomerates were able 2 June 25, 2019 Item #7 Page 76 of 126 to get this local control preemption legislation passed at the federal level due to the "commerce clause" {US Constitution). Kind Regards, Cori On Jun 22, 2019, at 9:54 AM, Kris Wright wrote: I looked at the article from the FCC on SG and certainly have been aware of the plans. No where in that article does it discuss chronic exposure to humans. The only reliable study is mentioned in that Canadian article that I've found so far. With these devices in our neighborhoods, near our homes, it is very concerning to me. The proposal is to post them on neighborhood, city owned street lights and I do not think there is enough reliable safety information to risk exposure. Kris On Sat, Jun 22, 2019 at 9:45 AM Cori Schumacher <cori@corischumacher.com> wrote: Dear Kris, This is the second such master agreement for small cell facilities that the city has considered. Yes, it is in preparation for SG. There are federal regulations that are at play with small cell facilities because they represent communication utilities. You can read more about that here-> https://www.fcc.gov/SG Kind Regards, Cori On Jun 21, 2019, at 9:50 PM, Kris Wright wrote: Hi Cori, I was reading the agenda items for this Tuesday's meeting. #7 is the following: <image.png> I am wondering if this is preparation for the controversial SG technology. That particular issue is not mentioned in the staff report. Do you happen to know? <image.png> Thanks, Kris 3 June 25, 2019 Item #7 Page 77 of 126 Kira Linberg From: Sent: To: Cc: Subject: Kira, Council Internet Email Tuesday, June 25, 2019 9:39 AM Kira Linberg Curtis Jackson FW: AT&T SG Transmitters Please distribute email regarding agenda item #7. Andi All Receive -Agenda Item # 7 For the lnform·ation of the: CITY COUNCIL Date&, ~ 2., CA .,,,--' CC ./ CM V COO....:_ DCM-(3) ✓ ••-•--.,._, .. ,.._,_••~••••~••••"•--•~•••••••••••--••• .. ••rn•••-•-••-•••• .. rn•• .... •-•••-.,.•,y••-• .. •••••-••-••-~•u ___ --- From: Jan Bandich Sent: Tuesday, June 25, 2019 9:32 AM To: Council Internet Email <CityCouncil@carlsbadca.gov> Subject: AT&T SG Transmitters This seems to be a really serious decision to rush into without a little more background research to verify the effects on humans and animals. I understand there is a financial incentive and a nudge from the FCC, who is supposed to consider safety, but government agencies don't always consider consequences to the public in their quest to accomplish "improvements." This may be a wonderful idea, but a little time and research on safety issues and conversations with other communities who have had experience with this technology does not seem unreasonable to me. These transmitters will be placed in family neighborhoods and we owe our citizens the consideration of making sure they are not harmful over time. Jan Bandich Carlsbad Citizen and reg·istered voter May you always have: Love to share, Friends who care, and Health to spare. 1 June 25, 2019 Item #7 Page 78 of 126 V ·=•Jf~~~~~-quiG_HtZSOVsYS4aPeVUDDykOurVBFwi75EMH4sN4N2p-B2ylv-KiKOgdX86jE8SQn5VSObklnSeDAXGqy61Y%3D) Donate (Https://Ehtrust.org/Donate/) IS~"1Lh ------~---·· ABOUT (HTTPS://EHTRUST.ORG/ABOUT/) KEV ISSUES (HTTPS://EHTRUST.ORG/KEV-ISSUES/) POLICY (HTTPS://EHTRUST.ORG/POLICY /) SCIENCE (HTTPS://EHTRUST.ORG/SCIENCEI) EDUCATE YOURSELF (HTTPS://EHTRUST.ORG/TAKE-ACTION/EDUCATE-YOURSELF/) TAKE ACTION (HTTPS://EHTRUST.ORG/TAKE-ACTION/) RESOURCES TO SHARE (HTTPS://EHTRUST.ORG/RESOURCES-TO-SHAREI) MEDIA & PUBLICATIONS (HTTPS://EHTRUST.ORG/PUBLICATIONS/) Scientific Research On SG, 4G Small Cells, Wireless Radiation And Health (/#facebook) (/#twitter) Sh~r11~ CELL PHONE FINE PRINT WARNINGS D (https://www.addtoany.com/share#url=https%3A%2F%2Fehtrustorg%2Fscientific-research-on-5g-and- health%2F&title=Scientific%20Research%20on%205G%2C%204G%20Small%20Cells%2C%20Wireless%20Radiat~~~;wgjfc~ues/fme-print-warnings/) Published Scientific Research on 5G, Small Cells Wireless and Health Published peer reviewed science already indicates that the current wireless technologies of 2G, 3G and 4G -in use today with our cell phones, computers and wearable tech -creates (create) radiofrequency exposures which poses (pose) a serious health risk to humans, animals and the environment Scientists are cautioning that before rolling out 5G, research on human health effects urgently needs to be done first to ensure the public and environment are protected "Small cells" are microwave antennas (basically shorter cell towers) rapidly being installed in public areas on utility poles and street lights in front of homes, parks and schools. Just like cell towers, these wireless antennas generate and emit microwave radiofrequency (RF) radiation to transmit 2G, 3G and 4G network signals. Companies soon plan to add a new technology called 5G which will use current 4G technology plus even higher frequencies. The higher frequencies include millimeter-wave emissions that were not previously released into public areas. Companies state that these 4G (https://www.gsma com/publicpolicy/arbitrary-radio-frequency- exposure-limits-impact-on-4g-network-deployment-2) and 5G (https://ehtrustorg/itu-report-emf- limits-on-5g/) antennas will increase (https://ehtrustorg/itu-report-emf-limits-on-5g/) the wireless radiation levels in the area so much that they are working to loosen several governments' radiation limits in order to roll it out More than 240 scientists published CELL PHONE RADIATION FAQ'S (https://ehtrust.org/take-action/educate-yourself/cell- phones-and-wireless-radiation-faqs/) ' WIFI IN SCHOOLS (https://ehtrust.org/key-issues/wifl-in-schools/) r I CELL PHONES AND BREAST CANCER (https:/ /www.researchgate.net/pub I ication/298533689 _I nternationa I_.Appeal_Scientists_ca I l_for _protectioRi_tfl\§~\if{m;t.org/key-issues/cell-phones-and-breast- . . . I . fi Id ) I h U . d N . d bl. cancer/) 1oniz1ng_e ectromagnet1c_ 1e _exposure an appea tot e n1te at1ons to re uce pu 1c exposure and called for a moratorium on 5G (https//www.emfcallorg/the-emf-call/) citing "established" adverse biological effects of RF radiation. 5G will utilize not only the frequencies currently in use, but also higher millimeter wave and sub- millimeter wave frequencies Small cells being installed in cities are usually 4G technology with a wide variety of frequencies. Thus, when we consider the health impacts of 5G and small cells we are looking at research on current technologies and frequencies in use in addition to research on sub- June 25, 2019 Item #7 Page 79 of 126 millimeter and millimeter waves. The 5G standard is new there are no studies that have looked at long term human exposure to 5G. However the current body of research finding effects from current wireless technology provides enough data for scientists to call for a moratorium. This page lists important research on 5G, millimeter waves, cellular antennas, the environment and human health. • Learn more about 5G on EHT's (https://ehtrustorg/key-issues/cell-phoneswireless/5g-internet- everything/)database of resources here. (https://ehtrustorg/key-issues/cell-phoneswireless/5g- internet-everything/) • Click here for EHT's list of Scientists letters on Health Impacts of 5G (https://ehtrustorg/small- cells-mini-cell-towers-health-letters-scientists-health-risk-5g/) • Click here to read research in cell tower radiation linked to health effects (https://ehtrustorg/science/cell-towers-and-cell-antennae/compilation-of-research-studies-on- cell-tower-radiation-and-health/) • Click here to get the EHT factsheet on 5G (https://ehtrustorg/wp-content/uploads/5G_What- You-Need-to-Know.pdf) • Dr. Martin Pal, "5G Great risk for EU, U.S and International Health' Compelling Evidence for Eight Distinct Types of Great Harm Caused by Electromagnetic Field(EMF) Exposures and the Mechanism that Causes Them" (https://ehtrustorg/wp-content/uploads/5g-emf-hazards-dr- martin-l.-pall-eu-emf2018-6-11 us3.pdf) • Published article on the EMF Scientist Appeal in the European Journal of Oncology. (https://www.researchgate.net/publication/298533689_lnternational__Appeal_Scientists_ca1Uor_protection_from_non- ionizing_electromagnetic_fleld_exposu re) Published Research Documents Adverse Effects of RF Exposure 5G Wireless Expansion Public Health and Environmental Implications (https://doi.org/10.1016/j.envres.2018.01.016) is a 5G research review that documents the range of reported adverse effects of RF and millimeter waves-effects range from cancer to bacteria growth changes to DNA damage. The study concludes that "a moratorium on the deployment of 5G is warranted" and "the addition of this added high frequency 5G radiation to an already complex mix of lower frequencies, will contribute to a negative public health outcome ... from both physical and mental health perspectives" (Russell 2018 (https://doi.org/10.1016/j.envres.2018.01 .016)). The article Planetary Electromagnetic Pollution: It Is Time to Assess Its Impact (https://www.sciencedirect.com/science/article/pii/S2542519618302213?via%3Dihub) published in The Lancet Planetary (Bandara and Carpenter 201 8 (https://www.sciencedirect.com/science/article/pii/S2542519618302213?via%3Dihub )) documents the significant increase in environmental levels of radio-frequency (RF) electromagnetic wireless radiation over the last two decades. The study cites an evaluation that found 68.2% of 2266 studies in humans, animals, and plants demonstrated significant biological or health effects associated with exposure to electromagnetic fields. 89% (216 of 242) of experimental studies that investigated oxidative stress endpoints showed significant effects and "radiofrequency electromagnetic radiation causes DNA damage apparently through oxidative stress. The paper also highlights research that has associated RF exposure with altered neurodevelopment and behavioural disorders, structural and functional changes in the brain and the sensitivity of pollinators. "These findings deserve urgent attention.This weight of scientific evidence refutes the prominent claim that the deployment of wireless technologies poses no health risks at the currently permitted non- thermal radiofrequency exposure levels." Cancer epidemiology update, following the 20 7 7 /ARC evaluation of radio frequency electromagnetic fields (https://doi.org/101016/j.envres.2018.06.043) is a comprehensive research review of RF effects in human and animal research. The review concludes that scientific evidence is now adequate to conclude radiofrequency radiation is carcinogenic to humans (Miller 2018 (https://doi.org/10.1 Ol 6/j.envres.2018 06.043)). Several previously published studies also concluded that RF can "cause" cancer, for example, Hardell 2017 June 25, 2019 Item #7 Page 80 of 126 (https://www.hindawi.com/journals/bmri/2017 /9218486/), Atzman 2016 (https://clinmedjournals.org/articles/ijccr/international-journal-of-cancer-and-clinical-research-ijccr-3- 040 php?jid=ijccr) and Peleg 2018 (https://www.ncbi.nlm.nih.gov/pubmed/29433020) The US National Toxicology Program (NTP) Study on Cell Phone Radiation (https://ntp.niehs.nih.gov/results/areas/cellphones/index.html) found "clear evidence" of cancer, heart damage and DNA damage in a $30-million study designed to test the basis for federal safety limits (NIEHS (https://ntp.niehs.nih.gov/results/areas/cellphones/index.html)). The heart and brain cancers found in the NTP rats are the same cell type as tumors that researchers have found to be increased (https://www.hindawi.com/journals/bmri/2017 /9218486/) in humans who have used use cell phones for over 10 years. Thus, researchers say (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6254861 /) this animal evidence confirms the human evidence (Hardell 2019 (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6254861 /).) The Ramazzini Institute (RI) Study on Base Station RF (https://www.ncbi.nlmnih.gov/pubmed/29530389) was another large scale rat study that also found increases in the same heart cancers as the NTP study found-yet the Ramazzini rats were exposed to much lower levels of RF than the NTP rats. In fact, all the RI Ramazzini radiation exposures were below FCC limits, as the study was specifically designed to test the safety of RF limits for cell tower/base stations (Falconi 2018 (https://www.ncbi.nlm.nih.gov/pubmed/29530389)) Tumor promotion by exposure to radiofrequency electromagnetic fields below exposure limits for humans" (https://www.sciencedirect.com/science/article/pii/S0006291 Xl 5003988) is a replication study that used very, very low RF exposures (lower than the Ramazzini and NTP study) and combined the RF with a known carcinogen. Researchers found elevated lymphoma and significantly higher numbers of tumors in the lungs and livers in the animals exposed to both RF and the carcinogen, leading researchers to state that previous research (Tillman 2010 (https://www.ncbi.nlmnih.gov/pubmed/20545575)) was confirmed and that "our results show that electromagnetic fields obviously enhance the growth of tumors" (Lerchl 2015 (https://www.sciencedirect.com/science/artic1e/pii/S0006291 Xl 5003988)). "The Human Skin as a Sub-THz Receiver -Does 5G Pose a Danger to It or Not? (https://www.ncbi.nlm.nih.gov/pubmed/29459303) "and "The Modeling of the Absorbance of Sub- THz Radiation by Human Skin (http://ieeexplore.ieee.org/stamp/stamp.jsp? tp=&arnumber=8016593&isnumber=57 41778) "are two papers by physicists presenting research that found higher 5G frequencies are intensely absorbed into human sweat ducts (in skin), at much higher absorption levels than other parts of our skin's tissues (Betzalel 2017 (http://ieeexplore.ieee.org/stamp/stamp.jsp?tp=&arnumber=8016593&isnumber=57 41778), Betzalel 2018 (https://www.ncbi.nlm.nih.gov/pubmed/29459303)). The researchers conclude (https://www.ncbi.nlm.nih gov/pubmed/29459303), "we are raising a warning flag against the unrestricted use of sub-THz technologies for communication, before the possible consequences for public health are explored." "Exposure of Insects to Radio-Frequency Electromagnetic Fields from 2 to 7 20 GHz (https://www.nature.com/artic1es/s41598-018-22271-3)" published in Scientific Reports is the first study to investigate how insects (including the Western honeybee) absorb the higher frequencies (2 GHz to 120 GHz) to be used in the 4G/5G rollout. The scientific simulations showed increases in absorbed power between 3% to 370% when the insects were exposed to the frequencies. Researchers concluded, "This could lead to changes in insect behaviour, physiology, and morphology over time .... " The article Planetary Electromagnetic Pollution: It Is Time to Assess Its Impact (https://www.sciencedirect.com/science/article/pii/S2542519618302213?via%3Dihub) published in The Lancet Planetary (Bandara and Carpenter 2018 (https://www.sciencedirect.com/science/article/pii/S2542519618302213?via%3Dihub )) documents the significant increase in environmental levels of radio-frequency (RF} electromagnetic wireless radiation over the last two decades. The study cites an evaluation that found 68.2% of 2266 studies in humans, animals, and plants demonstrated significant biological or health effects associated with exposure to electromagnetic fields. 89% (216 of 242} of experimental studies that investigated oxidative stress endpoints showed significant effects and "radiofrequency electromagnetic June 25, 2019 Item #7 Page 81 of 126 radiation causes DNA damage apparently through oxidative stress. The paper also highlights research that has associated RF exposure with altered neurodevelopment and behavioural disorders, structural and functional changes in the brain and the sensitivity of pollinators. "These findings deserve urgent attention.This weight of scientific evidence refutes the prominent claim that the deployment of wireless technologies poses no health risks at the currently permitted non- thermal radiofrequency exposure levels." ''A review of the ecological effects of RF-EMF (https://www.sciencedirect.com/science/artic1e/pii/S0160412012002334) "reviewed 113 studies finding RF-EMF had a significant effect on birds, insects, other vertebrates, other organisms and plants in 70% of the studies (Cucurachi 2013) (https://www.sciencedirect.com/science/article/pii/S0160412012002334). Development and reproduction in birds and insects were the most strongly affected. As an example of the several studies on wildlife impacts, a study focusing on RF from antennas found increased sperm abnormalities in mice exposed to RF from GSM antennas (Otitoloju 2010) (https://www.ncbi.nlm.nih.gov/pubmed/l 9816647). Studies on bees have found behavioral effects (Kumar 2017 (https://www.ncbi.nlm.nih.gov/pmc/artic1es/PMC305259l /), Favre 2011) (https://link.springer.com/article/10.1007%2Fsl 3592-011-0016-x#page-l ), disrupted navigation Goldsworthy 2009 (https://ecfsapi.fcc.gov/file/7520958012.pdf), Sainudeen 2011 (http://ipublishing.co.in/jesvol1 nol 201 0/EIJES2044.pdf), Kimmel et al. 2007 (http://wwwpartecipiamo.it/cultura/renzo_barbattini/api_e_frequenze_elettromagnetiche_002.pdf)) decreasing egg laying rate (Sharma and Kumar, 2010 (http://www.gammel.felo.no/201 0_Bier%20Sharma-Kumar- % 7Cfelo% 7Ccontent% 7Cdownload% 7C3923% 7C33892% 7Cf1 le% 7C201 0_Bier%20Sharma- Kumar.pdf.pdf)) and reduced colony strength (Sharma and Kumar, 2010 (http://www.gammel.felo.no/201 0_Bier%20Sharma-Kumar- % 7Cfelo% 7Ccontent% 7Cdownload% 7C3923% 7C33892% 7Cfile% 7C201 0_Bier%20Sharma- Kumar.pdf pdf), Harst et al. 2006 (http://www.next-up.org/pdf/lCRW_Kuhn_Landau_study.pdf)). Research has also found a high level of damage to trees from antenna radiation. For example, a field monitoring study spanning 9 years involving over 100 trees (Waldmann-Selsam 2016) (https://www.sciencedirect.com/science/article/pii/S0048969716317375#I) found trees sustained more damage on the side of the tree facing the antenna. ''Towards 5G communication systems. Are there health implications? (https://www.ncbi.nlm.nih.gov/pubmed/29402696) "is a research review that details how research has found that millimeter waves can alter gene expression, promote cellular proliferation and synthesis of proteins linked with oxidative stress, inflammatory and metabolic processes." The researchers conclude, "available findings seem sufficient to demonstrate the existence of biomedical effects, to invoke the precautionary principle" (Di Ciaula 2018 (https://www.ncbi.nlm.nih.gov/pubmed/29402696)). 5G and the Internet of Things will increase overall use of all types of wireless frequencies. A published review of effects of Wi-Fi radiation entitled, "Wi-Fi is an important threat to human health (https://www.sciencedirect.com/science/artic1e/pii/S0013935118300355)" found that "repeated Wi- Fi studies show that Wi-Fi causes oxidative stress, sperm/testicular damage, neuropsychiatric effects including EEG changes, apoptosis, cellular DNA damage, endocrine changes, and calcium overload. Each of these effects are also caused by exposures to other microwave frequency EMFs, with each such effect being documented in from 10 to 16 reviews." The paper concludes that, "it follows from these various findings that the placement of Wi-Fi into schools around the country may well be a high level threat to the health of our children as well being a threat to teachers ... " Planetary electromagnetic pollution: it is time to assess its impact (https://www.sciencedirect.com/science/article/pii/S2542519618302213?via%3Dihub) published in The Lancet Planetary Health, Volume 2, Issue 12, 2018 states, "Unprecedented human exposure to radiofrequency electromagnetic radiation from conception (https://www.sciencedirect.com/topics/medicine-and-dentistry/conception) until death (https://wwwsciencedirect.com/topics/medicine-and-dentistry/death) has been occurring in the past June 25, 2019 Item #7 Page 82 of 126 two decades. Evidence of its effects on the CNS, including altered neurodevelopment 14 (https//www.sciencedirect.com/science/article/pii/S2542519618302213?via%3Dihub#bib14) and increased risk of some neurodegenerative diseases (https//www.sciencedirect.com/topics/med icine-and-dentistry /degenerative-disease), 1 5 (https//www sciencedirect.com/science/article/pii/S2542519618302213?via%3Dihub#bib1 5) is a major concern considering the steady increase in their incidence. Evidence exists for an association between neurodevelopmental or behavioural disorders (https•//www.sciencedirect.com/topics/medicine-and-dentistry/behavior-disorder) in children and exposure to wireless devices, 14 (https//www.sciencedirect.com/science/artic1e/pii/S2542519618302213?via%3D ihub#bib14) and experimental evidence, such as the Yale finding, shows that prenatal exposure (https//www.sciencedirect.com/topics/medicine-and-dentistry/prenatal-exposure) could cause structural and functional changes in the brain (https//www.sciencedirect.com/topics/medicine-and- dentistry/brain) associated with ADHD-like behaviour16 (https//www.sciencedirect.com/science/artic1e/pii/S2542519618302213?via%3Dihub#bib16) These findings deserve urgent attention (https//www.sciencedirect.com/topics/medicine-and- dentistry/attention). At the Oceania Radiofrequency Scientific Advisory Association (http//www.orsaa org/), an independent scientific organisation, volunteering scientists have constructed the world's largest categorised online database of peer-reviewed studies on radiofrequency electromagnetic radiation and other man-made electromagnetic fields (https//www.sciencedirect.com/topics/medicine-and-dentistry/electromagnetic-field) of lower frequencies A recent evaluation (https//www.sciencedirect.com/topics/medicine-and- dentistry/evaluation-study) of 2266 studies (including in-vitro (https//www.sciencedirect.com/topics/medicine-and-dentistry/in-vitro) and in-vivo studies in human, animal, and plant experimental systems and population studies) found that most studies (n=l 546, 68 2%) have demonstrated significant biological (https//www.sciencedirect.com/topics/medicine- and-dentistry/biological-product)or health effects associated with exposure to anthropogenic electromagnetic fields. We have published our preliminary data on radiofrequency electromagnetic radiation, which shows that 89% (216 of 242) of experimental studies \ https //www. sc ienced i rect. com/topics/medicine-and-dentistry/ experi menta I-study) that investigated oxidative stress (https//www.sciencedirect.com/topics/medicine-and-dentistry/oxidative-stress) endpoints showed significant effects 7 (https//www.sciencedirect.com/science/article/pii/S2542519618302213?via%3D ihub#bib 7) This weight of scientific evidence refutes the prominent claim that the deployment of wireless technologies poses no health risks (https//www.sciencedirect.com/topics/medicine-and- dentistry/health-hazard) at the currently permitted non-thermal radiofrequency exposure levels. Instead, the evidence supports the International EMF Scientist Appeal (http//www.emfscientist.org/) by 244 scientists from 41 countries who have published on the subject in peer-reviewed literature and collectively petitioned the WHO and the UN for immediate measures to reduce public exposure to artificial electromagnetic fields and radiation." Attenuation by a Human Body and Trees as well as Material Penetration Loss in 26 and 39 GHz Millimeter Wave Bands. (https//www.hindawi.com/Journals/ijap/2017 /2961090/) International Journal of Antennas and Propagation • "In this paper, attenuation by human body and trees and penetration loss of different materials at 26 and 39 GHz are investigated for 5G wireless communications .. " • "The results show that the upper bound of the KE model is better to predict the attenuation by a human body compared with UTD one-cylinder and two-cylinder models at both 26 and 39 GHz. ITU model overestimates the attenuation by willow trees, and a modified attenuation model by trees is proposed based on our measurements at 26 GHz." • "It is found that the penetration loss for wood is smaller than that of transparent glass in the same thickness, and the penetration loss of frosted glass is slightly larger than that of transparent glass." • "The measurement and modeling results in this paper are significant and necessary for simulation and planning of fifth-generation (5G) mm-wave radio systems in ITU recommended frequency bands at 26 and 39 GHz." June 25, 2019 Item #7 Page 83 of 126 This page has just a sampling of research that has found effects from radiofrequency radiation exposure For more studies please see The Bioinitiative Report (http://www.bioinitiative org/) Annotated Bibliography of Scientific Papers Finding Evidence of Harm from Cell Phone Radiation Exposure (https://bit.ly/cellphoneharm087 6-0718) Published between August, 207 6 and July, 2018 Joel M. Moskowitz, Ph.D. School of Public Health University of California, Berkeley which contains 92 papers published in scientific journals during the last two years that report evidence of harm from cell phone radiation exposure. PowerWatch: 1,670 Peer-Reviewed Scientific Papers on Electromagnetic Fields and Biology or Health (https://drive.google.com/flle/d/19CbWmdGTnnW1 iZ9pxlxql ssAdYl3Eur3/view) Panagopoulos, D. J., Johansson, 0., & Carlo, G. L. (2015). Polarization: A Key Difference between Man-made and Natural Electromagnetic Fields, in regard to Biological Activity (https://www.ncbi.nlm.nih.gov/pubmed/26456585). Scientific reports, 5, 14914. doi:10. 1038/srepl 4914 Panagopoulos, D. J., Johansson, 0., & Carlo, G. L. (2015). Real versus Simulated Mobile Phone Exposures in Experimental Studies (https://www.ncbi.nlm.nih.gov/pubmed/26346766). BioMed research international, 2015, 607053. doi:10. 1155/2015/607053 Hardell, L., & Carlberg, M. (2018). Comments on the US National Toxicology Program technical reports on toxicology and carcinogenesis study in rats exposed to whole-body radiofrequency radiation at 900 MHz and in mice exposed to whole-body radiofrequency radiation at 1,900 MHz (https://wwwncbi.nlm.nih.gov/pubmed/30365129). International journal of oncology, 54(1),111 - 127. doi:10.3892/ijo.2018.4606 Michael Carlberg and Lennart Hardell, "Evaluation of Mobile Phone and Cordless Phone Use and Glioma Risk Using the Bradford Hill Viewpoints from 1965 on Association or Causation (https://www.hindawi.com/journals/bmri/207 7 /927 8486/)," BioMed Research International, vol. 2017, Article ID 9218486, 17 pages, 2017. https://doi.org/10.1155/2017 /9218486 (https://doi.org/101155/2017 /9218486). Belyaev, I., Dean, A., Eger, H., et al. (2016). EUROPAEM EMF Guideline 2016 for the prevention, diagnosis and treatment of EMF-related health problems and illnesses (https://wwwncbi.nlm.nih.gov/pubmed/27454111 ). Reviews on Environmental Health, 31 (3), pp. 363-397. Retrieved 14 May. 2019, from doi:10. 1515/reveh-2016-0011 Dominique Belpomme, Lennart Hardell, Igor Belyaev, Ernesto Burgio, David 0. Carpenter, Thermal and non-thermal health effects of low intensity non-ionizing radiation: An international perspective (https://www.ncbi.nlm.nih.gov/pubmed/30025338), Environmental Pollution, Volume 242, Part A, 2018, Pages 643-658, ISSN 0269-7491, https://doi.org/10. 1016/j.envpol.2018.07.019. Research on People Near Cell Towers Links Exposure to Adverse Effects "The Impact of radiofrequency radiation on DNA damage and antioxidants in peripheral blood lymphocytes of humans residing in the vicinity of mobile phone base station· (https://www.researchgate.net/publication/318916428_1mpact_of_radiofrequency_radiation_on_DNA_damage_and_antioxidants_in_peripheral_blood_lymr is a research study that compared people living close (within 80 meters) and far (more than 300 meters away) from cellular antennas and found that the people living closer had several significant changes in their blood predictive of cancer development (Zothansiama 2017 (https://www.researchgate.net/scientiflc-contributions/2131399242_Zothansiama)). Researchers controlled for various demographics, including the use of microwaves and wireless in the homes. "Mortality by neoplasia and cellular telephone base stations (https://www.sciencedirectcom/science/article/pii/S0048969771005754)" is a 10 year study by the Belo Horizonte Brazil Health Department and several universities in Brazil that found an elevated relative risk of cancer mortality at residential distances of 500 meters or less from cell installations June 25, 2019 Item #7 Page 84 of 126 (Dode 2071 (https://www.sciencedirect.com/science/article/pii/S0048969771005754)). Shortly after this study was published, the city prosecutor sued several cell phone companies and requested that almost half of the city's antennas be removed. Many antennas were dismantled. A 2019 study (https://www.ncbi.nlm.nih.gov/pubmed/? term=Mobile+Phone+Base+Station+ Tower+Settings+Adjacent+to+School+Buildings%3A+lmpact+on+Students%E2%80%99+Cognitive+Health) of students in schools near cell towers found their higher RF exposure was associated with impacts on motor skills, memory and attention (Meo 2019 (https://www.ncbi.nlm.nih gov/pubmed/? term=Mobile+Phone+Base+Station+ Tower+Settings+Adjacent+to+School+Buildings%3A+lmpact+on+Students%E2%80%99+Cognitive+Health)). Examples of other effects linked to cell towers in research studies include neuropsychiatric problems (https://www.ncbi.nlm.nih.gov/pubmed/16962663), elevated diabetes (https•//www.researchgate.net/publication/283726472_Association_of_Exposure_to_Radio- Frequency_Electromagnetic_Field_Radiation_RF- EM FR_Generated_by _Mobile_Phone_Base_Stations_ with_G lycated_H emog lobin_H bA 1 c_and_R i sk_of_ T ype_2_Diabetes_Mel I itus), headaches (https://www.ncbi.nlm.nih.gov/pubmed/16621850), sleep problems (https://www.ncbi.nlm.nih.gov/pubmed/127 68254) and genetic damage (https://www.ncbi.nlm.nih.gov/pubmed/25006864). Such research continues to accumulate after the 201 0 landmark review study (https://www.nrcresearchpress.com/doi/pdfplus/1 0 7139/ A 10-018) on 56 studies that reported biological effects found at very low intensities, including impacts on reproduction, permeability of the blood-brain barrier, behavior, cellular and metabolic changes, and increases in cancer risk (Lai and Levitt 2010 (https://www.nrcresearchpress.com/doi/pdfplus/10.1139/ A 10-018)). A published study entitled, "Effect of Mobile Tower Radiation on Microbial Diversity in Soil and Antibiotic Resistance" (https://ieeexplore.ieee.org/document/8665432) took soil samples from four different base stations located in Dausa city, and control samples from soil far from stations and then isolated and evaluated the microorganisms in the soil. The researchers found greater antibiotic resistance in microbes present in soil near base stations compared to the control and a statistical significant difference in pattern of antibiotic resistance was found with Nalidixic acid, and cefixime when used as antimicrobial agents. The study concludes, "our findings suggest that mobile tower radiations can significantly alter the vital systems in microbes and turn them multidrug resistant {MDR) which is most important current threat to public health." Cellular Antennas Create Measurable Increases in Radiation in the Area A 2018 article (https://www.sciencedirect.com/science/article/pii/S25425196 7 830227 3? via%3Dihub) published in The Lancet Planetary Health points to unprecedented increasing RF exposures (Bandara and Carpenter 2018 (https://www.sciencedirect.com/science/article/pii/S254257 9618302213?via%3Dihub)). Another key finding from Zothansiama 2017 (https://www.researchgate net/scientific- contributions/2137 399242_Zothansiama) was that homes closer to antennas had measurably higher radiation levels-adding to the documentation that antennas increase RF levels. An Australian study (https://www.ncbi.nlm.nih.gov/pubmed/27759027) also found that children in kindergartens with nearby antenna installations had nearly three-and-a-half times higher RF exposures than children with installations further away (more than 300 meters {Bhatt 2016 (https://www.ncbi.nlm.nih.gov/pubmed/27759027)). Research Finds that Cell Tower Base Station Radiation is the Dominant Contributor to Overall Environmental Radiation Exposures A 2018 multi-country study (https://www.sciencedirect.com/science/artic1e/pii/S016041201731485X) that measured RF in several countries found that cell phone tower radiation is the dominant contributor to RF exposure in most outdoor areas exposure in urban areas was higher and that exposure has drastically increased. As an example, the measurements the researchers took in Los Angeles, USA were 70 times higher than the US EPA estimate 40 years ago (Sagar 2018 (https://www.sciencedirect.com/science/artic1e/pii/S016041201731485X)). June 25, 2019 Item #7 Page 85 of 126 As an example of how rapidly RF is increasing from wireless antennas, a 2014 published study (https://www.sciencedirect.com/science/article/pii/S0013935l 14002254) looked at RF in three European cities and found in just one year (between April 2011 and March 2012) that the total RF- EMF exposure levels in all outdoor areas in combination increased by 57.1 % in Basel by 20.1 % in Ghent and by 38.2% in Brussels (Urbinello 2014) (https://www.sciencedirect.com/science/article/pii/S0013935114002254). "Exposure increase was most consistently observed in outdoor areas due to emissions from mobile phone base stations." Another study, Birks 2018 (https://www.ncbi.nlm.nih.gov/pubmed/29754001), looked at 529 children in Denmark, the Netherlands, Slovenia, Switzerland and Spain who wore meters around the waist or carried in a backpack during the day and placed close to the bed at night. Researchers found "the largest contributors to total personal environmental RF-EMF exposure were downlink (meaning from cell tower base stations) and broadcast.· A study on Australian adults where participants carried a measuring device in a small hip bag for approximately 24 consecutive hours also found "downlink and broadcast are the main contributors to total RF-EMF personal exposure." Downlink (RF from mobile phone base station) contributed 40.4% of the total RF-EMF exposure (Zeleke 2018) (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6211035/). Another published study (Choi 2018 (https://www.ncbi.nlm.nih.gov/pubmed/30857115)) that gave 50 Korean adult child pairs a special radiation measuring device for 48 hours evaluated the types of radiation the participants were exposed to and found that "the contribution of base-station exposure to total RF-EMF exposure was the highest both in parents and children." These two studies are an important example of the research that shows that radiation from base stations is the dominant contributor to a person's cumulative exposure. Therefore we cannot only focus on a persons cell phone use as the way people are exposed to this radiation. People are exposed to wireless radiation even when they are not using a mobile device due to cell towers, antennas and hotspots and they have no control over this. Russell CL. SG wireless telecommunications expansion: (https://doi.org/10.1016/j.envres.2018.01.016) Public health and environmental implications. (https://doi.org/10.1016/j.envres.2018.01.016)Environmental Research. Available online 11 April 2018. in press. • "On the horizon, a new generation of even shorter high frequency 5G wavelengths is being proposed to power the Internet of Things (lo T).· • "It is argued that the addition of this added high frequency 5G radiation to an already complex mix of lower frequencies, will contribute to a negative public health outcome both from both physical and mental health perspectives." • "Like other common toxic exposures, the effects of radiofrequency electromagnetic radiation (RF EMR) will be problematic if not impossible to sort out epidemiologically as there no longer remains an unexposed control group. This is especially important considering these effects are likely magnified by synergistic toxic exposures and other common health risk behaviors. Effects can also be non-linear. Because this is the first generation to have cradle-to-grave lifespan exposure to this level of man-made microwave (RF EMR) radiofrequencies, it will be years or decades before the true health consequences are known. Precaution in the roll out of this new technology is strongly indicated." • "Current radiofrequency radiation wavelengths we are exposed to appear to act as a toxin to biological systems. A moratorium on the deployment of 5G is warranted, along with development of independent health and environmental advisory boards that include independent scientists who research biological effects and exposure levels of radiofrequency radiation. Sound regulatory policy regarding current and future telecommunications initiative will require more careful assessment of risks to human health, environmental health, public safety, privacy, security and social consequences. Public health regulations need to be updated to match appropriate independent science with the adoption of biologically based exposure June 25, 2019 Item #7 Page 86 of 126 standards prior to further deployment of 4G or 5G technology." Betzalel N, Ben lshai P, Feldman Y., The human skin as a sub-THz receiver -Does SG pose a danger to it or not? (https://wwwncbi.nlm.nih.gov/pubmed/29459303) Environ Res. 2018 May;163:208-216. doi: 10.1016/j.envres.2018.01.032. Epub 2018 Feb 22. • Experimentally we showed that the reflectance of the human skin in the sub-THz region depends on the intensity of perspiration, i.e. sweat duct's conductivity, and correlates with levels of human stress (physical, mental and emotional). Later on, we detected circular dichroism in the reflectance from the skin, a signature of the axial mode of a helical antenna. The full ramifications of what these findings represent in the human condition are still unclear. We also revealed correlation of electrocardiography (ECG) parameters to the sub-THz reflection coefficient of human skin. In a recent work, we developed a unique simulation tool of human skin, taking into account the skin multi-layer structure together with the helical segment of the sweat duct embedded in it. The presence of the sweat duct led to a high specific absorption rate (SAR) of the skin in extremely high frequency band. • In this paper, we summarize the physical evidence for this phenomenon and consider its implication for the future exploitation of the electromagnetic spectrum by wireless communication. Starting from July 2016 the US Federal Communications Commission (FCC) has adopted new rules for wireless broadband operations above 24GHz (5G). This trend of exploitation is predicted to expand to higher frequencies in the sub-THz region. One must consider the implications of human immersion in the electromagnetic noise, caused by devices working at the very same frequencies as those, to which the sweat duct (as a helical antenna) is most attuned. • We are raising a warning flag against the unrestricted use of sub-THz technologies for communication, before the possible consequences for public health are explored. Thielens et al., "Exposure of Insects to Radio-Frequency Electromagnetic Fields from 2 to 120 GHz (https://www.nature.com/articles/s41598-018-22271-3)" Scientific Reports volume 8, Article number: 3924 (2018) • Excerpts from abstract: "Insects are continually exposed to Radio-Frequency (RF) electromagnetic fields at different frequencies. This paper is the first to report the absorbed RF electromagnetic power in four different types of insects as a function of frequency from 2 GHz to 120 GHz. A set of insect models was obtained using novel Micro-CT (computer tomography) imaging. These models were used for the first time in finite-difference time- domain electromagnetic simulations. All insects showed a dependence of the absorbed power on the frequency. All insects showed a general increase in absorbed RF power at and above 6 GHz, in comparison to the absorbed RF power below 6 GHz. Our simulations showed that a shift of 10% of the incident power density to frequencies above 6 GHz would lead to an increase in absorbed power between 3-370%." • "This could lead to changes in insect behaviour, physiology, and morphology over time due to an increase in body temperatures, from dielectric heating. The studied insects that are smaller than 1 cm show a peak in absorption at frequencies (above 6GHz), which are currently not often used for telecommunication, but are planned to be used in the next generation of wireless telecommunication systems." Miller AB, Morgan LL, Udasin I, Davis DL. Cancer epidemiology update, following the 2011 IARC evaluation of radiofrequency electromagnetic fields (Monograph 102) (https://doi.org/10.1016/j.envres.2018.06.043). Available online Sep 6, 2018. https://doi.org/10.1016/j.envres.2018.06.043 (https://doi.org/10.1016/j.envres.2018.06.043) • Increased risk of brain, vestibular nerve and salivary gland tumors are associated with mobile phone use. · Nine studies (2011-207 7) report increased risk of brain cancer from mobile phone use. • Four case-control studies (3 in 2013, 1 in 2014) report increased risk of vestibular nerve tumors. • Concern for other cancers breast (male & female), testis, leukemia, and thyroid. • Based on the evidence reviewed it is our opinion that IARC's current categorization of RFR as a June 25, 2019 Item #7 Page 87 of 126 possible human carcinogen (Group 28) should be upgraded to Carcinogenic to Humans (Group 1 ). Betzalel, Y. Feldman, and P. Ben lshai, ·The Modeling of the Absorbance of Sub-THz Radiation by Human Skin;· (http://ieeexplore.ieee.org/document/8016593/) IEEE Trans. THz Sci. Tech. (Paris) 7(5), 521-528 (2017). • In 2008, we demonstrated that the coiled portion of the sweat duct in upper skin layer could be regarded as a helical antenna in the sub-THz band. The full ramifications of what these findings represent in the human condition are still very unclear, but it is obvious that the absorption of electromagnetic energy is governed by the topology for the skin and its organelles, especially the sweat duct. Di Ciaula, Towards 5G communication systems: Are there health implications? (https://www.ncbi.nlm.nih.gov/pubmed/29402696), Int J Hyg Environ Health. 2018 Feb 2. • "Preliminary observations showed that MMW increase skin temperature, alter gene expression, promote cellular proliferation and synthesis of proteins linked with oxidative stress, inflammatory and metabolic processes, could generate ocular damages, affect neuro- muscular dynamics." • "Further studies are needed to better and independently explore the health effects of RF-EMF in general and of MMW in particular. However, available findings seem sufficient to demonstrate the existence of biomedical effects, to invoke the precautionary principle, to define exposed subjects as potentially vulnerable and to revise existing limits. Nasim I, Kim S. Human Exposure to RF Fields in 5G Downlink (https://arxiv.org/abs/1711.03683). Submitted on 10 Nov 2017 to IEEE International Communications Conference. • "Prior research on human exposure to radio frequency (RF) fields in a cellular communications system has been focused on uplink only due to the closer physical contact of a transmitter to a human body. However, this paper claims the necessity of thorough investigation on human exposure to downlink RF fields, as cellular systems deployed in mmW bands will entail (i) deployment of more transmitters due to smaller cell size and (ii) higher concentration of RF energy using a highly directional antenna. • In this paper, we present human RF exposure levels in downlink of a Fifth Generation Wireless Systems (5G). Our results show that 5G downlink RF fields generate significantly higher power density (PD) and specific absorption rate (SAR) than a current cellular system. This paper also shows that SAR should also be taken into account for determining human RF exposure in the mmW downlink." Soubere Mahamoud Y, Aite M, Martin C, Zhadobov M, Sauleau R, Le Drean Y, et al. (2016) Additive Effects of Millimeter Waves and 2-Deoxyglucose Co-Exposure on the Human Keratinocyte Transcriptome. (https://journals.plos.org/plosone/article?id=10. 1371 /joumal.pone.016081 0)PLoS ONE 11 (8): e0160810. • Millimeter Waves (MMW) will be used in the next-generation of high-speed wireless technologies, especially in future Ultra-Broadband small cells in 5G cellular networks. Therefore, their biocompatibilities must be evaluated prior to their massive deployment. Using a microarray-based approach, we analyzed modifications to the whole genome of a human keratinocyte model that was exposed at 60.4 GHz-MMW at an incident power density (IPD) of 20 mW/cm2 for 3 hours in athermic conditions. No keratinocyte transcriptome modifications were observed. We tested the effects of MMWs on cell metabolism by co-treating MMW- exposed cells with a glycolysis inhibitor, 2-deoxyglucose (2dG, 20 mM for 3 hours), and whole genome expression was evaluated along with the ATP content. We found that the 2dG treatment decreased the cellular ATP content and induced a high modification in the transcriptome (632 coding genes). The affected genes were associated with transcriptional repression, cellular communication and endoplasmic reticulum homeostasis. The MMW/2dG co-treatment did not alter the keratinocyte ATP content, but it did slightly alter the transcriptome, which reflected the capacity of MMW to interfere with the bioenergetic stress response. The RT-PCR-based validation confirmed 6 MMW-sensitive genes (SOCS3, SPRY2, TR/87, FAM46A, CSRNPJ and PPP7R75A) during the 2dG treatment. These 6 genes encoded transcription factors or inhibitors of cytokine pathways, which raised questions June 25, 2019 Item #7 Page 88 of 126 regarding the potential impact of long-term or chronic MMW exposure on metabolically stressed cells. Mandi P, Pezzei P, Leitgeb E. Selected Health and Law Issues Regarding Mobile Communications with Respect to SG. Presented at 2018 International Conference on Broadband Communications for Next Generation Networks and Multimedia Applications (CoBCom). (https://ieeexplore.ieee.org/xpl/mostRecentlssue.jsp?punumber=8423924) Graz, Austria. July 11- 13, 2018. • Abstract: Over the next years the demand of wireless communication will increase tremendously. More and more mobile end devices require a high data rate connection e.g. to a smart home (Internet of Things, lo T) or to the internet. The radiation power pattern of base stations and mobile end devices will completely change for the 5G Next Generation Mobile Network technology which will use frequency bands up to 100 GHz. Therefore the electromagnetic exposure especially to human body will increase in the future, because most of the wireless connections are realized in RF technology In this contribution two different measurement setups are presented. The first shows the electromagnetic radiation regarding a base station powered by a mobile phone provider over a timespan of a number of days. The second figures out the electromagnetic radiation of a handheld mobile end device to a human head in an area with very poor reception values. The results of those measurements where compared with legal and health limits. All measured and calculated results regarding the base stations were within the legal exposure limits. The calculated legal exposure limits of mobile devices were exceeded twice in areas within very poor reception values. Regarding the expected higher bandwidth and corresponding higher electromagnetic exposure to human bodies in future there have to be periodic measurements to comply with radiation limits. • Excerpts: "Regarding the above mentioned circumstances it will be necessary to measure the radiation exposure of base stations in the future on a regular basis in order to ensure the legal limits and to reduce possible health hazards. It also will be necessary to develop new measurement strategies and/or technologies regarding the large frequency spectrum 5G will use up to 100 GHz ... .When measuring directly on a mobile phone (simulating the use of an end device directly on the human head), it was found that the calculated SAR of 3.834 W/kg exceeds the legal limit of 2 W/ kg. This shows clearly that the legal limit values can be exceeded significantly in areas with very poor reception values ... Increasing the distance between a mobile end device and the head, e.g. by using a hands-free set or a headset can significantly reduce the human exposure to electromagnetic radiation when such a device is used in badly supplied areas and transmits with maximum power." Neufeld E, Kuster N. Systematic Derivation of Safety Limits for Time-Varying SG Radiofrequency Exposure Based on Analytical Models and Thermal Dose (https://www.ncbi.nlm.nih.gov/pubmed/30247338). Health Phys. 2018 Sep 21. Extreme broadband wireless devices operating above 10 GHz may transmit data in bursts of a few milliseconds to seconds. Even though the time-and area-averaged power density values remain within the acceptable safety limits for continuous exposure, these bursts may lead to short temperature spikes in the skin of exposed people. • In this paper, a novel analytical approach to pulsed heating is developed and applied to assess the peak-to-average temperature ratio as a function of the pulse fraction a (relative to the averaging time [INCREMENT)T; it corresponds to the inverse of the peak-to-average ratio). • To stay consistent with the current safety guidelines, safety factors of 10 for occupational exposure and 50 for the general public were applied. • The results demonstrate that the maximum averaging time, based on the assumption of a thermal time constant of 100 s, is 240 s if the maximum local temperature increase for continuous-wave exposure is limited to 1 K and a ~ 0.1. For a very low peak-to-average ratio of 100 (a~ 0.01 ), it decreases to only 30 s. • The results also show that the peak-to-average ratio of 1,000 tolerated by the International Council on Non-Ionizing Radiation Protection guidelines may lead to permanent tissue damage after even short exposures, highlighting the importance of revisiting existing exposure June 25, 2019 Item #7 Page 89 of 126 guidelines TRIPATHI et al., Frequency of the resonance of the human sweat duct in a normal mode of operation (https://wwwosapublishing org/DirectPDFAccess/D9A2E695-Dl 5D-19E6- 03A77C91 ED8C556F _382113/boe-9 3-1301 .pdf?da=l &id=382113&seq=0&mobile=no), BIOMEDICAL OPTICS EXPRESS 130, Vol. 9, No. 311 March 2018 • This result indicates that careful consideration should be given while designing electronic and photonic devices operating in the sub-terahertz frequency region in order to avoid various effects on human health due to these waves. Declassified by CIA in 2015: Russian Review on Millimeter Waves Biological Effect of Millimeter Waves (https://ehtrust.org/wp-content/uploads/Zalyubovskaya-Declassif-by-CIA-1977-biol-eff- mm-waves-1.pdf) by Zalyubovskaya • "Morphological, functional and biochemical studies conducted in humans and animals revealed that millimeterwave caused changes in the body manifested in structural alterations in the skin and internal organs, qualitative and quantitative changes of the blood and bone marrow composition and changes of the conditioned reflex activity, tissue respiration, activity of enzymes participating in the process of tissue respiration and nucleic metabolism. The degree of unfavorable effect of millimeterwave depended on the duration of the radiation and individual characteristics of the organism." Pakhomov et. al., Current state and implications of research on biological effects of millimeter waves: a review of the literature (https://www.ncbi.nlm.nih.gov/pubmed/9771583#). Bioelectromagnetics. 1998;19(7):393-413. • 'This paper analyzes general trends in the area and briefly reviews the most significant publications, proceeding from cell-free systems, dosimetry, and spectroscopy issues through cultured cells and isolated organs to animals and humans. • The studies reviewed demonstrate effects of low-intensity MMW (7 0 mW/cm2 and less) on cell growth and proliferation, activity of enzymes, state of cell genetic apparatus, function of excitable membranes, peripheral receptors, and other biological systems. In animals and humans, local MMW exposure stimulated tissue repair and regeneration, alleviated stress reactions, and facilitated recovery in a wide range of diseases (MMW therapy). Many reported MMW effects could not be readily explained by temperature changes during irradiation." • Full paper in draft form is online as CURRENT STATE AND IMPLICATIONS OF RESEARCH ON BIOLOGICAL EFFECTS OF MILLIMETER WAVES: A REVIEW OF LITERATURE (https://www.rife.org/otherresearch/millimeterwaves.html) CURRENT STATE AND IMPLICATIONS OF RESEARCH ON BIOLOGICAL EFFECTS OF MILLIMETER WAVES: A REVIEW OF LITERATURE Andrei G. Pakhomov, Yahya Akyel, Olga N. Pakhomova, Bruce E. Stuck, and Michael R Murphy McKesson BioServices (AGP, YA, ONP), U S Army Medical Research Detachment of the Walter Reed Army Institute of Research (B.E.S.), and Directed Energy Bioeffects Division, Human Effectiveness Directorate, Air Force Research Laboratory (M RM ), Brooks Air Force Base, San Antonio, TX • "It is important to note that, even with the variety of bioeffects reported, no studies have provided evidence that a low-intensity MMW radiation represents a health hazard for human beings. Actually, none of the reviewed studies with low-intensity MMW even pursued the evaluation of health risks, though in view of numerous bioeffects and growing usage of MMW technologies this research objective appears very reasonable. Such MMW effects as alterations of cell growth rate and UV light sensitivity, biochemical and antibiotic resistivity changes in pathogenic bacteria, as well as many others are of potential significance for safety standards. MMW therapy in many cases employs field intensities comparable to or lower than allowed by current safety standards; still, even local and short-term exposures were reported to produce marked effects. It should also be realized that biological effects of a prolonged or chronic MMW exposure of the whole body or a large body area have never been investigated. Safety limits for these types of exposure are based solely on predictions of energy deposition and MMW heating, but in view of recent studies this approach is not necessarily adequate." June 25, 2019 Item #7 Page 90 of 126 Wu T, Rappaport TS, Collins CM, "The Human Body and Millimeter-Wave Wireless Communication Systems: Interactions and Implications;· (https://arxiv.org/pdf/1503.05944.pdf) (2015). Accepted in 2015 IEEE International Conference on Communications (ICC), NYU WIRELESS. 2015 • This paper gives examples of today's regulatory requirements, and provides an example for a 60 GHz transceiver. Also, the propagation characteristics of millimeter-waves in the presence of the human body are studied, and four models representing different body parts are considered to evaluate thermal effects of millimeter-wave radiation on the body. Simulation results show that about 34% to 42% of the incident power is reflected at the skin surface at 60 GHz. This paper shows that power density is not suitable to determine exposure compliance when millimeter wave devices are used very close to the body. A temperature-based technique for the evaluation of safety compliance is proposed in this paper. Wu T et al., Safe for Generations to Come. (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4629874/) IEEE Mierow Mag. 16(2): 65-84. 2015 "A literature survey representing the most recent available results related to the biological effects of mm Wave exposure, from the well-understood and well-accepted effects of thermal heating to recent reports of nonthermal effects and the attempt to motivate further discussion and research for appropriate emission standards." • "We highlighted the findings of mmWave radiation studies on the eyes and skin since, in communication applications, these tissues would receive the most radiation, with other tissues receiving, by comparison, a negligible amount. Ocular injury can be induced by short- term high-intensity exposure (e.g., 2,000 mW/cm2, 1.5-5 s) far beyond the anticipated future communication device levels, but the eyes do not appear to suffer damage from longer low- intensity exposure (e.g., 10 mW/cm2, 8 h}, which might be experienced from mmWave communication technologies in the far field. • More work may be required to determine the possible effects from exposure above 10 mW/cm2 that might be experienced in the near field from specific communication devices with adaptive antennas as well as to ensure that mechanisms are in place to ensure that no hazardous levels of energy are transmitted into the eyes. We also showed that using typical power levels, there would be no unsafe temperature increase caused by exposure of skin to mmWave communication technologies in the far field. • As with the eyes, however, more work is required to determine temperature increases from higher exposure levels that might be experienced in the near field from specific communication devices with high-gain antennas and to develop and demonstrate reliable mechanisms to ensure that no hazardous levels of energy are transmitted to the skin." Ramundo-Orlando A., Effects of millimeter waves radiation on cell membrane -A brief review. (https://link.springer.com/article/10.1007%2Fs10762-010-9731-z) (2010) Journal of Infrared, Millimeter, and Terahertz Waves. 2010; 31(12):1400-1411. • The millimeter waves (MMW} region of the electromagnetic spectrum, extending from 30 to 300 GHz in terms of frequency (corresponding to wavelengths from 10 mm to 1 mm), is officially used in non-invasive complementary medicine in many Eastern European countries against a variety of diseases such gastro duodenal ulcers, cardiovascular disorders, traumatism and tumor. On the other hand, besides technological applications in traffic and military systems, in the near future MMW will also find applications in high resolution and high-speed wireless communication technology. This has led to restoring interest in research on MMW induced biological effects. In this review emphasis has been given to the MMW- induced effects on cell membranes that are considered the major target for the interaction between MMW and biological systems. 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(http://ieeexplore.ieee.org/document/884211 /) (2000) Belyaev (http//ieeexplore.ieee.org/search/searchresult.jsp? searchWithin=%22Authors%22:.QT.I.Y.%20BelyaevQT.&newsearch=true)IY et al. IEEE Transactions on Microwave Theory and Techniques. 2000; 48(11 ):2172-2179. Effects of Microwave and Millimeter Wave Radiation on the Eye. (https://link.springer.com/chapter/10.1007 /978-94-011-4191-8_43) (2000) In: Klauenberg B.J., Miklavcic D. (eds) Radio Frequency Radiation Dosimetry and Its Relationship to the Biological Effects of Electromagnetic Fields. D'Andrea and Chalfin. NATO Science Series (Series 3: High Technology), vol 82. Springer, Dordrecht. Skin heating effects of millimeter-wave irradiation-Thermal modeling results. (http://ieeexplore.ieee.org/document/884202/) (2000) Nelson et al. IEEE Transactions on Microwave Theory and Techniques 48:2111-2120 .. Heating and pain sensation produced in human skin by millimeter waves: comparison to a simple thermal model(. https://www.ncbi.nlm.nih.gov/pubmed/10688448). (2000) Walters et al., Health Physics 78:259-267 Haas AJ, et al. "Effect of acute millimeter wave exposure on dopamine metabolism of NGF-treated PCl 2 cells (https://wwwncbi.nlm.nih.gov/pubmed/28339776)." Journal of Radiation Research, 2017. June 25, 2019 Item #7 Page 93 of 126 Haas AJ, et al. "Effects of 60-GHz millimeter waves on neurite outgrowth in PC12 cells using high- content screening." (https://www.ncbi.nlm.nih.gov/pubmedhttps://www.osapublishing.org/boe/abstract.cfm?uri=boe-8- 1-273/26921450?dopt=Abstract) Neuroscience Letters, vol. 618, 2016, pp. 58-65. Le Drean Y, et al. "State of knowledge on biological effects at 40-60 GHz." (https://www.sciencedirectcom/science/article/pii/S1631070513000480) Comptes Rendus Physique, vol. 14, no. 5, 2013, pp. 402-411. Sivachenko 1B, et al. "Effects of Millimeter-Wave Electromagnetic Radiation on the Experimental Model of Migraine (https://www.ncbi.nlm.nih.gov/pubmed/26899844?dopt=Abstract)." Bulletin of Experimental Biology and Medicine, vol. 160, no. 4, 2016, pp. 425-8. Soghomonyan D, K. Trchounian and A Trchounian. "Millimeter waves or extremely high frequency electromagnetic fields in the environment: what are their effects on bacteria?" (https://www.ncbi.nlm.nih.gov/pubmed/27087527?dopt=Abstract) Applied Microbiology and Biotechnology, vol. 100, no. 11, 2016, pp. 4761-71. Ramundo-Orlando A Effects of millimeter waves radiation on cell membrane -A brief review. ( https://link.springer.com/article/10.1007%2Fs10762-010-9731-z) Journal of Infrared Millimeter Terahertz Waves, vol. 30, no. 12, 2010, pp. 1400-1411. American Academy of Pediatrics Website "Electromagnetic Fields: A Hazard to Your Health?" on Cell Tower Radiation "In recent years, concern has increased about exposure to radio frequency electromagnetic radiation emitted from cell phones and phone station antennae. An Egyptian study confirmed concerns that living nearby mobile phone base stations increased the risk for developing: • Headaches • Memory problems • Dizziness • Depression • Sleep problems Short-term exposure to these fields in experimental studies have not always shown negative effects, but this does not rule out cumulative damage from these fields, so larger studies over longer periods are needed to help understand who is at risk. In large studies, an association has been observed between symptoms and exposure to these fields in the everyday environment." -American Academy of Pediatrics (https://www.healthychildren.org/English/safety-prevention/all- around/Pages/Electromagnetic-Fields-A-Hazard-to-Your-Health.aspx) Compilation of Research Studies on Cell Tower Radiation and Health Zothansiama, et al. "Impact of radiofrequency radiation on DNA damage and antioxidants in peripheral blood lymphocytes of humans residing in the vicinity of mobile phone base stations." (http://www.tandfonline.com/doi/abs/10.1080/15368378.2017.1350584) Electromagnetic Biology and Medicine 36.3 {2017): 295-305. • This study evaluated effects in the human blood of individuals living near mobile phone base stations (within 80 meters) compared with healthy controls (over 300 meters). The study found higher radiofrequency radiation exposures and statistically significant differences in the blood of people living closer to the cellular antennas. The group living closer to the antennas had for example, statistically significant higher frequency of micronuclei and a rise in lipid peroxidation in their blood. These changes are considered biomarkers predictive of cancer. June 25, 2019 Item #7 Page 94 of 126 Neurobehavioral effects among inhabitants around mobile phone base stations (https://www.ncbi.nlm.nih.gov/pubmed/l 6962663) Abdel-Rassoul et al, Neurotoxicology, 2007 • This study found that living nearby mobile phone base stations (cell antennas) increased the risk for neuropsychiatric problems such as headaches, memory problems, dizziness, tremors.depression, sleep problems and some changes in the performance of neurobehavioral functions. Biological Effects from Exposure to Electromagnetic Radiation Emitted by Cell Tower Base Stations and Other Antenna Arrays (https ://www.researchgate.net/publ ication/233593841 _Biolog ical_effects_from_exposure_to_electromagnetic_rad iation_emitted_by _eel Uower _base_stati Levitt & Lai, Environmental Reviews, 201 0 • This review of 100 studies found approximately 80% showed biological effects near towers. "Both anecdotal reports and some epidemiology studies have found headaches, skin rashes, sleep disturbances, depression, decreased libido, increased rates of suicide, concentration problems, dizziness, memory changes, increased risk of cancer, tremors, and other neurophysiological effects in populations near base stations." Mortality by neoplasia and cellular telephone base stations. (https://www.sciencedirect.com/science/article/pii/S0048969771005754) Dode et al. (Brazil), Science of the Total Environment, Volume 409, Issue 19, 1 September 2011, Pages 3649-3665 • This 1 O year study on cell phone antennas by the Municipal Health Department in Belo Horizonte and several universities in Brazil found a clearly elevated relative risk of cancer mortality at residential distances of 500 meters or less from cell phone transmission towers. Shortly after this study was published, the city prosecutor sued several cell phone companies and requested that almost half of the cities antennas be removed. Many antennas were dismantled. Epidemiological Evidence for a Health Risk from Mobile Phone Base Stations (https://www.researchgate.net/pub1ication/45387389_Epidemiological_evidence_for_a_health_risk...from_mobile_phone_base_stations) Khurana, Hardell et al., International Journal of Occupational Environmental Health, Vol 16(3):263- 267,2010 • A review of 1 0 epidemiological studies that assessed for negative health effects of mobile phone base stations (4 studies were from Germany, and 1 each from Austria, Egypt, France, Israel, Poland, Spain) found that seven showed altered neurobehavioral effects near cell tower and three showed increased cancer incidence. The review also found that eight of the 1 0 studies reported increased prevalence of adverse neurobehavioral symptoms or cancer in populations living at distances< 500 meters from base stations. Lower cognitive performance was found in individuals living !5 10 meters from base stations. None of the studies reported exposure above accepted international guidelines, suggesting that current guidelines may be inadequate in protecting the health of human populations. Health effects of living near mobile phone base transceiver station (BTS) antennae: a report from Isfahan, Iran (https://www.ncbi.nlm.nih.gov/pubmed/23781985). Shahbazi-Gahrouei et al, Electromagnetic Biology Medicine, 2013. • This cross-sectional study found the symptoms of nausea, headache, dizziness, irritability, discomfort, nervousness, depression, sleep disturbance, memory loss and lowering of libido were statistically increased in people living closer than 300 m from cell antennas as compared to those living farther away. The study concludes that "antennas should not be sited closer than 300 m to people to minimize exposure." June 25, 2019 Item #7 Page 95 of 126 Long-term exposure to microwave radiation provokes cancer growth: evidences from radars and mobile communication systems. (https://www.ncbi.nlm.nih.gov/pubmed/21716201) Yakymenko (https://www.ncbi.nlm.nih.gov/pubmed? term=Yakymenko%20I%5BAuthor%5D&cauthor=true&cauthor_uid=21716201) (2011) Exp Oncology, 33(2):62-70. • Even a year of operation of a powerful base transmitting station for mobile communication reportedly resulted in a dramatic increase of cancer incidence among population living nearby. Association of Exposure to Radio-Frequency Electromagnetic Field Radiation (RF-EMFR) Generated by Mobile Phone Base Stations (MPBS)with Glycated Hemoglobin (HbA 1 c) and Risk of Type 2 Diabetes Mellitus (https://www.researchgate.net/publication/283726472_Association_oLExposure_to_Radio- Frequency_Electromagnetic_Field_Radiation_RF- EM FR_Generated_by _Mobile_Phone_Base_Stations_ with_G lycated_Hemog lobin_HbA 1 c_and_Risk_of_ Type_2_Diabetes_Mel lit us) . Sultan Ayoub Meo et al, International Journal of Environmental Research and Public Health, 2015 • Elementary school students who were exposed to high RF-EMFR generated by MPBS had a significantly higher risk of type 2 diabetes mellitus relative to their counterparts who were exposed to lower RF-EMFR. How does long term exposure to base stations and mobile phones affect human hormone profiles? (https://www.ncbi.nlm.nih.gov/pubmed/22138021) Eskander EF et al, (2011), Clin Biochem • RFR exposures significantly impacted ACTH, cortisol, thyroid hormones, prolactin for females, and testosterone levels for males. Investigation on the health of people living near mobile telephone relay stations: Incidence according to distance and sex (https://www.ncbi.nlm.nih.gov/pubmed/12168254) Santini et al, 2002 , Pathol Bio • People living near mobile phone masts reported more symptoms of headache, sleep disturbance, discomfort, irritability, depression, memory loss and concentration problems the closer they lived to the installation. Study authors recommend that the minimal distance of people from cellular phone base stations should not be < 300 rn. Navarro EA, Segura J, Portoles M, Gomez-Perretta C, The Microwave Syndrome: A preliminary Study (http://www.emrpolicy.org/science/research/docs/navarro_ebm_2003.pdf). 2003 (Spain) Electromagnetic Biology and Medicine, Volume 22, Issue 2, (2003): 161 -169 • Statistically significant positive exposure-response associations between RFR intensity and fatigue, irritability, headaches, nausea, loss of appetite, sleeping disorder, depressive tendency, feeling of discomfort, difficulty in concentration, loss of memory, visual disorder, dizziness and cardiovascular problems. Two Important Animal Studies on Radiofrequency Radiation These studies indicate that government limits are non protective. Government limits are based on the assumption that radiofrequency radiation is only harmful at thermal levels. However, the cancers developed in animals in these studies at radiation levels that were non thermal. Belpoggi et al. 2018, "Report of final results regarding brain and heart tumors in Sprague-Dawley rats exposed from prenatal life until natural death to mobile phone radiofrequency field representative of a 1.8 GHz base station environmental emission (https://ehtrust.org/wp- June 25, 2019 Item #7 Page 96 of 126 content/uploads/Belpoggi-Heart-and-Brain-Tumors-Base-Station-2018-First-page-.pdf)" Environmental Research Journal • Researchers with the renowned Ramazzini Institute (RI) in Italy performed a large-scale lifetime study (https://www.sciencedirect.com/science/artic1e/pii/S0013935118300367? via%3Dihub) of lab animals exposed to environmental levels (comparable to allowable limits from cell towers) of RFR radiation and found the rats developed increased cancers- schwannoma of the heart in male rats. This study confirms the $25 million US National Toxicology Program (https://ntp. niehs.nih.gov / about/ org/ sep/trpanel/meetings/ docs/2018/march/i ndex. html) study which used much higher levels of cell phone radiofrequency (RF) radiation, but also reported finding the same unusual cancers as the Ramazzini-schwannoma of the heart in male rats. In addition, the RI study of cell tower radiation also found increases in malignant brain (glial) tumors in female rats and precancerous conditions including Schwann cells hyperplasia in both male and female rats. • "Our findings of cancerous tumors in rats exposed to environmental levels of RF are consistent with and reinforce the results of the US NTP studies on cell phone radiation, as both reported increases in the same types of tumors of the brain and heart in Sprague-Dawley rats. Together, these studies provide sufficient evidence to call for the International Agency for Research on Cancer (IARC) to re-evaluate and re-classify their conclusions regarding the carcinogenic potential of RFR in humans," said Fiorella Belpoggi PhD, study author and RI Director of Research. • The Ramazzini study exposed 2448 Sprague-Dawley rats from prenatal life until their natural death to "environmental" cell tower radiation for 19 hours per day (1.8 GHz GSM radiofrequency radiation (RFR) of 5, 25 and 50 V/m). RI exposures mimicked base station emissions like those from cell tower antennas, and exposure levels were far less than those used in the NTP studies of cell phone radiation. • Watch Press Conference (https://ehtrust.org/worlds-largest-animal-study-on-cell-tower- radiation-confirms-cancer-link/) Wyde, Michael, et al. "National Toxicology Program Carcinogenesis Studies of Cell Phone Radiofrequency Radiation in Hsd: Sprague Dawley® SD rats (Whole Body Exposure).Statement on conclusions of the peer review meeting by NIEHS, released after external peer review meeting (https://ntp.niehs.nih.gov/ntp/about_ntp/trpanel/2018/march/actions20180328_508.pdf)and the DNA damage presentation (https://ehtrust.org/wp-content/uploads/Evaluation-of-Genotoxicity-of- Cell-Phone-Radiofrequency-Radiation-in-Male-and-f-the-Genot-d-Female-notoxicity-e-Rats-and-y-Ce-d- Mice-ell-Ra-e-Following-g-Subchronic-ncy-c-Exposure-Poster-.pdf). • This 25 million dollar study is the most complex study completed by the NTP and the world's largest rodent study on radiofrequency radiation exposure to date which found long term exposure at non thermal levels associated with brain cancer and schwannomas of the heart in male rats. In addition damage to heart was found in all exposure levels. The full report is expected to be released in Fall 2018. More Important Studies on Cell Tower Radiation Cindy L. Russell, 5 G wireless telecommunications expansion: Public health and environmental implications (https://www.sciencedirect.com/science/article/pii/S0013935118300161 ), Environmental Research, 2018, ISSN 0013-9351 • Radiofrequency radiation (RF) is increasingly being recognized as a new form of environmental pollution (https://www.sciencedirect.com/topics/earth-and-planetary- sciences/environmental-pollution). This article reviews relevant electromagnetic (https://www.sciencedirect.com/topics/earth-and-planetary-sciences/electromagnetism) frequencies, exposure standards and current scientific literature on the health implications of 2G, 3G, 4G and 5G. June 25, 2019 Item #7 Page 97 of 126 • Effects can also be non-linear. Because this is the first generation to have cradle-to-grave lifespan exposure to this level of man-made microwave (RF EMR) radiofrequencies, it will be years or decades before the true health consequences are known. Precaution in the roll out of this new technology is strongly indicated. Noa Betzalel, Paul Ben lshai, Yuri Feldman, The human skin as a sub-THz receiver -Does 5G pose a danger to it or not? (https://www.sciencedirect.com/science/artic1e/pii/S007 3935118300337 ), Environmental Research, Volume 163, 2018, Pages 208-216, ISSN 0013-9351, • Researchers have developed a unique simulation tool of human skin, taking into account the skin multi-layer structure (https://www.sciencedirect.com/topics/earth-and-planetary- sciences/laminates) together with the helical segment of the sweat duct embedded in it. They found that the presence of the sweat duct led to a high specific absorption rate (SAR) of the skin in extremely high frequency (https://www.sciencedirect.com/topics/earth-and-planetary- sciences/extremely-high-frequencies) band that will be used in SG. "One must consider the implications of human immersion in the electromagnetic noise, caused by devices working at the very same frequencies as those, to which the sweat duct (as a helical antenna) is most attuned. We are raising a warning flag against the unrestricted use of sub-THz technologies for communication, before the possible consequences for public health are explored." Mobile phone infrastructure regulation in Europe: Scientific challenges and human rights protection (https://www.sciencedirect.com/science/article/pii/Sl 46290711300186X) Claudia Roda, Susan Perry, Environmental Science & Policy, Volume 37, March 2014, Pages 204-214. • This article was published in Environmental Science & Policy by human rights experts. It argues that cell tower placement is a human rights issue for children. • "We argue that (1) because protection of children is a high threshold norm in Human Right law and (2) the binding language of the Convention on the Rights of the Child obliges States Parties to provide a higher standard of protection for children than adults, any widespread or systematic form of environmental pollution that poses a long-term threat to a child's rights to life, development or health may constitute an international human rights violation. • In particular we have explained how the dearth of legislation to regulate the installation of base stations (cell towers) in close proximity to children's facilities and schools clearly constitutes a human rights concern according to the language of the Convention on the Rights of the Child, a treaty that has been ratified by all European States. SAFETY ZONE DETERMINATION FOR WIRELESS CELLULAR TOWER (http://ijret.org/Volumes/V02/l09/IJRET_ 110209029.pdf) Nyakyi et al, Tanzania (2013) • This research looked at the radiation that cell towers emit and states a safety zone is needed around the towers to ensure safe sleeping areas. The authors state that "respective authorities should ensure that people reside far from the tower by 120m or more depending on the power transmitted to avoid severe health effect." A cross-sectional case control study on genetic damage in individuals residing in the vicinity of a mobile phone base station. (https://www.ncbinlm.nih.gov/pubmed/25006864) Ghandi et al, 2014 (India): • This cross-sectional case control study on genetic damage in individuals living near cell towers found genetic damage parameters of DNA were significantly elevated. The authors state;· The genetic damage evident in the participants of this study needs to be addressed against future disease-risk, which in addition to neurodegenerative disorders, may lead to cancer." June 25, 2019 Item #7 Page 98 of 126 Human disease resulting from exposure to electromagnetic fields (https://www.ncbinlm.nih.gov/pubmed/24280284), Carpenter, D. 0. Reviews on Environmental Health, Volume 28, Issue 4, Pages 159172. • This review summarizes the evidence stating that excessive exposure to magnetic fields from power lines and other sources of electric current increases the risk of development of some cancers and neurodegenerative diseases, and that excessive exposure to RF radiation increases risk of cancer, male infertility, and neurobehavioral abnormalities. Signifikanter R0ckgang klinischer Symptome nach Senderabbau -eine lnterventionsstudie. (English-Significant Decrease of Clinical Symptoms after Mobile Phone Base Station Removal -An Intervention Study) (http://nebula.wsimg.com/d1 e65ba8eb587c44cba6164dfef44ed2? AccessKeyld=045114F8E067689465FB&disposition=0&alloworigin=1 )Tetsuharu Shinjyo and Akemi Shinjyo, 2014 Umwelt-Medizin-Gesellschaft, 27(4), S. 294-301. • Japanese study Showed Statistically Significant Adverse Health Effects from electromagnetic radiation from mobile phone base stations. Residents of a condominium building that had cell tower antennas on the rooftop were examined before and after cell tower antennas were removed. In 1998, 800MHz cell antennas were installed, then later in 2008 a second set of antennas (2GHz) were installed. Medical exams and interviews were conducted before and after the antennas were removed in 2009 on 107 residents of the building who had no prior knowledge about possible. These results lead researchers to question the construction of mobile phone base stations on top of buildings such as condominiums or houses. Effect of GSTM1 and GSTT1 Polymorphisms on Genetic Damage in Humans Populations Exposed to Radiation From Mobile Towers. (https://1.usa.gov/1 hlQmoj)Gulati S, Yadav A, Kumar N, Kanupriya, Aggarwal NK, Kumar R, Gupta R., Arch Environ Contam Toxicol. 2015 Aug 5. [Epub ahead of print] • In our study, 116 persons exposed to radiation from mobile towers and 106 control subjects were genotyped for polymorphisms in the GSTM1 and GSTT1 genes by multiplex polymerase chain reaction method. DNA damage in peripheral blood lymphocytes was determined using alkaline comet assay in terms of tail moment (TM) value and micronucleus assay in buccal cells (BMN). Our results indicated that TM value and BMN frequency were higher in an exposed population compared with a control group and the difference is significant. In our study, we found that different health symptoms, such as depression, memory status, insomnia, and hair loss, were significantly associated with exposure to EMR. Damaging effects of nonionizing radiation result from the generation of reactive oxygen species (ROS) and subsequent radical formation and from direct damage to cellular macromolecules including DNA. Subjective symptoms, sleeping problems, and cognitive performance in subjects living near mobile phone base stations (https://www.ncbi.nlm.nih.gov/pubmed/16621850), Hutter HP et al, (May 2006), Occup Environ Med. 2006 May;63(5):307-13 • Found a significant relationship between some cognitive symptoms and measured power density in 365 subjects; highest for headaches. Perceptual speed increased, while accuracy decreased insignificantly with increasing exposure levels. Oberfeld, A.E. Navarro, M. Portoles, C. Maestu, C. Gomez-Perretta, The microwave syndrome: further aspects of a Spanish study (http://www.powerwatch.org.uk/pdfs/20040809_kos.pdf), • A health survey was carried out in La Nora, Murcia, Spain, in the vicinity of two GSM 900/1800 MHz cellular phone base stations. The adjusted (sex, age, distance) logistic regression model showed statistically significant positive exposure-response associations between the E-field and the following variables: fatigue, irritability, headaches, nausea, loss of appetite, sleeping June 25, 2019 Item #7 Page 99 of 126 disorder, depressive tendency, feeling of discomfort, difficulty in concentration, loss of memory, visual disorder, dizziness and cardiovascular problems. Bortkiewicz et al, 2004 {Poland), Subjective symptoms reported by people living in the vicinity of cellular phone base stations: review, (https://www.ncbi.nlm.nih.gov/pubmed/15620045)Med Pr. (https://www.ncbi.nlm.nih.gov/pubmed/l 5620045#)2004;55{4):345-51. (https://www.ncbi.nlm.nih.gov/pubmed/l 5620045) • Residents close to mobile phone masts reported: more incidences of circulatory problems, sleep disturbances, irritability, depression, blurred vision and concentration difficulties the nearer they lived to the mast. • The performed studies showed the relationship between the incidence of individual symptoms, the level of exposure, and the distance between a residential area and a base station. Wolf R and Wolf D, Increased Incidence of Cancer Near a Cell-phone Transmitter Station (http://www.powerwatch.org.uk/news/20050207 _israel.pdf), International Journal of Cancer Prevention, (Israel) VOLUME 1, NUMBER 2, APRIL 2004 • A significant higher rate of cancer {300% increase) among all residents living within 300m radius of a mobile phone mast for between three and seven years was detected. • 900% cancer increase among women alone • In the area of exposure (area A) eight cases of different kinds of cancer were diagnosed in a period of only one year. This rate of cancers was compared both with the rate of 31 cases per 10,000 per year in the general population and the 2/1222 rate recorded in the nearby clinic (area B). The study indicates an association between increased incidence of cancer and living in proximity to a cell-phone transmitter station. Changes of Neurochemically Important Transmitters under the influence of modulated RF fields - A Long Term Study under Real Life Conditions (http://apps.fcc.gov/ecfs/document/view7 id= 7521095891 ){Germany), Bucher and Eger, 2011 • German study showing elevated levels of stress hormones (adrenaline, noradrenaline), and lowered dopamine and PEA levels in urine in area residents during 1st 6 months of cell tower installation. Even after 1 .5 years, the levels did not return to normal. The Influence of Being Physically Near to a Cell Phone Transmission Mast on the Incidence of Cancer (http://www.tetrawatch.net/papers/naila.pdf) {Umwelt·Medizin·Gesellschaft 17,4 2004) Eger et al, 2004 (Germany) (http://apps.who.int/peh-emf/research/database/emfstudies/viewstudy.cfm? ID=l 226) • 200% increase in the incidence of malignant tumors was found after five years' exposure in people living within 400m radius of a mobile phone mast. The proportion of newly developing cancer cases is significantly higher among patients who live within 400 meters of a cell phone transmitter. Early age of cancer diagnosis. Microwave electromagnetic fields act by activating voltage-gated calcium channels: why the current international safety standards do not predict biological hazard. (https://bit.ly/1 nQjboA) Martin L. Pall. Recent Res. Devel. Mol. Cell Biol. 7(2014). • "It can be seen from the above that 10 different well-documented microwave EMF effects can be easily explained as being a consequence of EMF VGCC activation: oxidative stress, elevated single and double strand breaks in DNA, therapeutic responses to such EMFs, breakdown of the blood-brain barrier, cancer, melatonin loss, sleep dysfunction, male infertility and female infertility." June 25, 2019 Item #7 Page 100 of 126 Pall ML. 2015. Microwave frequency electromagnetic fields (EMFs} produce widespread neuropsychiatric effects including depression. (http://electromagnetichealth.org/wp- content/uploads/2015/05/reveh-2015 pdf)J. Chem. Neuroanat. 2015 Aug 20. • Non-thermal microwave/lower frequency electromagnetic fields (EMFs} act via voltage-gated calcium channel (VGCC} activation. • Two U.S. government reports from the 1970s to 1980s provide evidence for many neuropsychiatric effects of non-thermal microwave EMFs, based on occupational exposure studies. 18 more recent epidemiological studies, provide substantial evidence that microwave EMFs from cell/mobile phone base stations, excessive cell/mobile phone usage and from wireless smart meters can each produce similar patterns of neuropsychiatric effects, with several of these studies showing clear dose-response relationships. • Lesser evidence from 6 additional studies suggests that short wave, radio station, occupational and digital TV antenna exposures may produce similar neuropsychiatric effects. Among the more commonly reported changes are sleep disturbance/insomnia, headache, depression/depressive symptoms, fatigue/tiredness, dysesthesia, concentration/attention dysfunction, memory changes, dizziness, irritability, loss of appetite/body weight, restlessness/anxiety, nausea, skin burning/tingling/dermographism and EEG changes. In summary, then, the mechanism of action of microwave EMFs, the role of the VGCCs in the brain, the impact of non-thermal EMFs on the brain, extensive epidemiological studies performed over the past 50 years, and five criteria testing for causality, all collectively show that various non-thermal microwave EMF exposures produce diverse neuropsychiatric effects. This webpage only has a sampling of research on this issue. There is research going back decades on this issue. More can be found here. (https://ehtrust.org/science/research-on-wireless-health-effects/) = f:.'NiHOtJ:,1U, lAL -HEALTH TRUST About Environmental Key Issues Health Trust (EHT) (https://ehtrust.org/key- (https://ehtrust.org/about/)issues/) Policy Science (https://ehtrust.org/policyfXhttps://ehtrust.org/science/) Educate Yourself (https://ehtrust.org/take- action/educate- yourself/) Take Action Resources to Share Media & Publications Email us at info@ehtrust.org (mailto:info@ehtrust.org) Mailing address PO. Box 58, Teton Village WY83025 Express mail should be sent to 7100 N Rachel Way Unit 6 Eagles Rest Teton Village WY 83025 Copyright© 2019 Enviromental Health Trust (https://ehtrust.org/take-(https://ehtrust.org/resourqhnps://ehtrust.org/publicati01 action/) to-share/) f FACEBOOK (HTTPS://FACEBOOK.COM/EHTRUST) "JI TWITTER (HTTPS://TWITTER.COM/SAFERPHONES) cm YOUTUBE (HTTPS://WWW. YOUTUBE.COM/IJSER/WATCHEHTRUS" June 25, 2019 Item #7 Page 101 of 126 V--~t4-~_quiG_HtZSOVsYS4aPeVUDDykOurVBFwi75EMH4sN4N2p-B2ylv-KiKOgdX86jE8SQn5VSObklnSeDAXGqy61Y%3D) SG And The IOT: Scientific Overview Of Human Health Risks (/#facebook) (/#twitter) Donate (Https://Ehtrust.org/Donate/) ::.>ISTHUli fS~ _,Lr.ifJS r 1JJ1.:C r-r 'l't' r: f ·r r,,, U~~IL ..,:.;1, ',lc;:;1 t A ,J',j I MEETING ..)f _LP ... -_I_ 9__. 0 CTl~ =tt 7 0 (https://wwwaddtoany,com/share#url=https%3A%2F%2Fehtrust,org%2Fkey-issues%2Fcell-phoneswireless%2F5g-networks-iot-scientific-overview-human- health-risks%2F&title=5G%20and%20the%2010T%3A%20Scientific%200verview%20of%20Human%20Health%20Risks) 5G is the term used to describe the next-generation of mobile networks eyond the 4G LTE mobile networks commonly used today, 5G is ABOUT (HTTPS://EHTRUST.ORG/ ABOUT/) KEY ISSUES (tiTTP~:/~HTRUST.OR ntended to be the technology that allows the Internet ot Tti1ngs tlO I J to xisbm~1~1!~6WB,~c~gethWoucATE YOURSELF (HTTPS://E TRUST.ORG/TAKE-ACTION/EDUCATE-YOURSELF/) Click here for Facts About SG What You Need To Know htT~~~~,~~~-inte~URCES TO SHAR (HTTPS://EHTRUST.ORG/RESOUR-ARE/) verything/20-quick-facts-what-you-need-to-know-about-Sg-wireless-and- nM~,§~UBLICATIONS (HTTPS://EHTRUST.ORG/PUBLICATIONS/) Click here for Top Resources to Take Action on SG {https.//ehtrust org/resources-to-take-action-on-us-Sg-stream!ining-billsl) 5G networks will include a combination of a range and variety of frequencies and modulations, Industry is developing exactly what 5G will be as the engineering specifics are still in development. For example, 4G "small cell" networks will be the backbone of SG as new SG antennas will soon be mounted on poles with current 4G antennas, The new cell phones and devices will have multiple antennas that can toggle and forth between these technologies, It is assumed that SG networks will not become commercially available until 2020 but several cities are rolling out SG as test areas now Verizon (https://wtvr,com/2017 /02/22/verizon-to- test-Sg-in-7 7 -cities-including-washington-d-c/)and Sprint (https://wwwradiomagonline,com/trends/att-identifies-more-Sg-test- cities) have announced "test cities" for SG which include Sacramento, Washington DC, Atlanta, Dallas, Miami and New York. A first glance at US government websites such as the CDC and EPA could lead you to believe that this radiation is safe. Yet over 240 scientists and doctors from 41 nations who have published research in the field have appealed (https://www researchgate, net/pu bl ication/298 533689 _I nternationa I_Appea I_Scienti sts_ca I l_f or _protect ion_from_non- ionizi ng_electromagnetic_field_exposure) to the United Nations calling for urgent action to reduce these ever growing wireless exposures and they wrote (https://ehtrustorg/key-issues/cell-phoneswireless/emf- scientist-appeal-advisors-call-moratorium-Sg/) the FCC for a moratorium on the roll-out of 5G citing the serious risks that to human health and the environment. xcerp ... ---- June 25, 2019 Item #7 Page 102 of 126 Insurance White Papers classify the rollout of SG and Smartcities as "High Risk:' The 207 9 Swiss Re Report 5G is rated as a "high impact" emerging risk affecting property and casualty claims in more than 3 years. "Off the leash -5G mobile networks" (p. 29) ... (https://ehtrust.org/wp- content/uploads/Swiss-Re-SONAR-Publication-2019-excerpt-1 pdf) As the biological effects of EMF in general and 5G in particular are still being debated, potential claims for health impairments may come with a long latency. Read Insurance White Papers here. (https://ehtrust.org/key- issues/reports-white-papers-insurance-industry/) Published peer reviewed science already indicates that the current wireless technologies of 2G, 3G and 4G -in use today with our cell phones, computers and wearable tech -creates radiofrequency exposures which poses a serious health risk to humans, animals and the environment. Scientists are cautioning that before rolling out 5G, research on human health effects urgently needs to be done first to ensure the public and environment are protected. However, instead of prudent public health measures to ensure the public's safety, governments such as the United States are quickly rolling out 5G networks in neighborhoods and are enacting various state and federal regulations to "streamline" and fasttrack the rollout. These regulations will end the ability of communities to halt and be a part of the decision making process in this massive 5G infrastructure buildout. Wireless company documents clearly state (https://www.itu.int/en/lTU-T /Workshops-and-Seminars/20177 205/Documents/S3_Christer _ Tornevik.pdf) that 5G will increase the levels of RF radiation in the vicinity of the antennas. Many countries such as China, India, Poland, Russia, Italy and Switzerland have far more protective and stricter radiation limits which will not allow the deployment of 5G as the increased 5G radiation would exceed their limits. These countries are creating roadblocks (https://www.telecompaper.com/news/itu-says-strict-electromagnetic-radiation-exposure-limits-may- negatively-impact-5g-roll-out-1250861) to the 5G rollout and industry has launched large scale efforts to loosen limits. Industry is Deeply Involved in the Science Investigate Europe Reports: 5G The Mass Experiment (Part 7) (https://www.investigate-europe eu/publications/the-5g-mass-experiment/) and How Much is Safe? Finances Effect Research (Part 2) (https://www.investigate-europe.eu/publications/how-much-is-safe/) This two part investigative report in 207 9 covers the 5G rollout and the history of industry influenced research on EMFS. "At least three studies over the years have documented that there is often a link between conclusions of studies and the source of the money that paid for the research. Science funded by industry is less likely to find health risks than studies paid for by institutions or authorities .... Studies which are solely financed by industry are likely to be biased" -Investigate Europe, 2019 (https://www.investigate-europe.eu/publications/how-much-is-safe/) Investigative Europe identified a group of fourteen scientists who either helped create, or defend, the EMF exposure guidelines disseminated by ICNIRP, a non-governmental organization (NGO) based in Germany. ICNIRP's self-selected members argue that the thousands of peer-reviewed studies that have found harmful biologic or health effects from chronic exposure to non-thermal levels of EMF are insufficient to warrant stronger safety guidelines. 'The ICNIRP Cartel: Who's Who in the EMF Research World," (https://www.investigate-europe.eu/publications/how-much-is-safe/?portfo1ioCats=55%2C54) an interactive graphic developed by Investigate Europe (German ICNIRP Cartel (https://www.kumu.io/lnvestigate-Europe/das-experten-netzwerk#das-icnirp- kartell)). Dr. Moskowitz PDF of ICNIRP Cartel (https://drive.google.com/file/d/1 Rgw2bXjMGwbwarLX7DO3n0cMtmkMzuv0/view) Watch the short video by Investigative Europe on 5G below. June 25, 2019 Item #7 Page 103 of 126 The 5G mass-experiment: Big promises, unknown risks a Published Research Establishes Harmful Effects of Wireless Radiation 5G Wireless Expansion: Public Health and Environmental Implications (https://doi.org/10 107 6/j.envres.2018.07 .07 6) is a published research review on 5G that documents the range of reported adverse effects of RF and millimeter waves-effects which range from cancer to bacteria growth changes to DNA damage. The study concludes that ·a moratorium on the deployment of 5G is warranted" and "the addition of this added high frequency 5G radiation to an already complex mix of lower frequencies, will contribute to a negative public health outcome ... from both physical and mental health perspectives" (Russell 2018 (https://doi.org/10 1016/j.envres 2018 01.016)). Cancer epidemiology update, following the 2011 /ARC evaluation of radiofrequency electromagnetic fields (https://doi.org/10.1016/j.envres.207 8.06.043) is a comprehensive research review of RF effects in human and animal research. The review concludes that scientific evidence is now adequate to conclude radiofrequency radiation is carcinogenic to humans (Miller 2018 (https://doi.org/10 1016/j.envres.2018.06.043)). Several previously published studies also concluded that RF can •cause" cancer, for example, Hardell 2017 (https://www.hindawi.com/journals/bmri/2017 /9218486/), Atzman 2016 (https://clinmedjournals.org/articles/ijccr/international-journal-of-cancer- and-clinical-research-ijccr-3-040.php?jid=ijccr) and Peleg 2018 (https://www.ncbi.nlm.nih.gov/pubmed/29433020). The US National Toxicology Program (NTP) Study on Cell Phone Radiation (https://ntp.niehs nih gov/results/areas/cellphones/index html) found "clear evidence" of cancer, heart damage and DNA damage in a $30-miliion study designed to test the basis for federal safety limits (NIEHS (https://ntp.niehs.nih.gov/results/areas/cellphones/index.html)). The heart and brain cancers found in the NTP rats are the same cell type as tumors tha1 researchers have found to be increased (https://www.hindawi com/journals/bmri/2017 /9218486/) in humans who have used use cell phones for over 7 C years. Thus, researchers say (https://www.ncbi.nlm.nih.gov/pmc/artic1es/PMC6254861 /) this animal evidence confirms the human evidence (Hardell 2019 (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC625486 7 /).) "5G Cannot Be Assumed Safe" NIH NTP Cell Phone Study D ... a The Ramazzini Institute (RI) Study on Base Station RF(https://www.ncbi nlm.nih gov/pubmed/29530389) was another large scale rat study that also found increases in the same heart cancers as the NTP study found-yet the Ramazzini rats were exposed to much lower levels of RF than the NTP rats. In fact, all the RI Ramazzini radiation exposures were below FCC limits, as the study was specifically designed to test the safety of RF limits for cell tower/base stations (Falconi 2018 (https://wwwncbi.nlm.nih gov/pubmed/29530389).) Tumor promotion by exposure to radiofrequency electromagnetic fields below exposure limits for humans" (https://www.sciencedirectcom/science/article/pii/S0006297 Xl 5003988) is a replication study that used very, very low RF exposures (lower than the Ramazzini and NTP study) and combined the RF with a known carcinogen. Researchers found elevated lymphoma and significantly higher numbers of June 25, 2019 Item #7 Page 104 of 126 tumors in the lungs and livers in the animals exposed to both RF and the carcinogen, leading researchers to state that previous research (Tillman 2010 ' (https://www.ncbi.nlm.nih.gov/pubmed/20545575)) was confirmed and that "our results show that electromagnetic fields obviously enhance the growth of tumors" (Lerchl 2015 (https://www.sciencedirectcom/science/article/pii/S0006291 X1 5003988)). Dr. Miller: The Body of Evidence Linking Cell Phone and Wir ... a 'The Human Skin as a Sub-THz Receiver -Does 5G Pose a Danger to It or Not?(https://www.ncbi.nlm.nih.gov/pubmed/29459303) • and "The Modeling of the Absorbance of Sub-THz Radiation by Human Skin (http://ieeexplore.ieee.org/stamp/stamp.jsp?tp=&arnumber=8016593&isnumber=57 41778) "are two papers by physicists presenting research that found higher 5G frequencies are intensely absorbed into human sweat ducts (in skin), at much higher absorption levels than other parts of our skin's tissues (Betzalel 2017 (http://ieeexplore.ieee.org/stamp/stamp.Jsp? tp=&arnumber=8016593&isnumber=5741778), Betzalel 2018 (https://www.ncbi.nlm.nih.gov/pubmed/29459303)). The researchers conclude (https://www.ncbi.nlm.nih.gov/pubmed/29459303), •we are raising a warning flag against the unrestricted use of sub-THz technologies for communication, before the possible consequences for public health are explored." Potential Risks to Human Health from Future Sub-MM Com ... a "Exposure of Insects to Radio-Frequency Electromagnetic Fields from 2 to 120 GHz (https://www.nature.com/articles/s41598-018-22271-3)" published in Scientific Reports is the first study to investigate how insects (including the Western honeybee) absorb the higher frequencies (2 GHz to 120 GHz) to be used in the 4G/5G rollout. The scientific simulations showed increases in absorbed power between 3% to 370% when the insects were exposed to the frequencies. Researchers concluded, "This could lead to changes in insect behaviour, physiology, and morphology over time .... " Two recent papers that have investigated frequencies to be used in 5G have called out the need to reevaluate current guidelines due to the unique way higher frequencies interact with human tissue. These studies are clear documentation of the reality that 5G technology is being rolled out before adequate research on human exposures. ·systematic Derivation of Safety Limits for Time-Varying 5G Radiofrequency Exposure Based on Analytical Models and Thermal Dose (https://www.ncbi.nlm.nih gov/pubmed/30247338) concludes that the "results also show that the peak-to-average ratio of 1,000 tolerated by the International Council on Non-Ionizing Radiation Protection guidelines may lead to permanent tissue damage after even short exposures, highlighting the importance of revisiting existing exposure guidelines." "Human Exposure to RF Fields in 5G Downlink (https://arxiv.org/abs/1711.03683) concludes "our results show that 5G downlink RF fields generate significantly higher power density (PD} and specific absorption rate (SAR) than a current cellular system. This paper also shows that SAR should also be taken into account for determining human RF exposure in the mmW downlink." June 25, 2019 Item #7 Page 105 of 126 5G Technology: Potential Risks To Human Health: Excerpts ... a "A review of the ecological effects of RF-EMF(https://wwwsciencedirectcom/science/article/pii/S0l 60412012002334) •reviewed 113 studies finding RF-EMF had a significant effect on birds, insects, other vertebrates, other organisms and plants in 70% of the studies (Cucurachi 2013) (https://www.sciencedirectcom/science/article/pii/SOl 60412012002334). Development and reproduction in birds and insects were the most strongly affected. As an example of the several studies on wildlife impacts, a study focusing on RF from antennas found increased sperm abnormalities in mice exposed to RF from GSM antennas (Otitoloju 201 0) (https://wwwncbi.nlm.nih.gov/pubmed/19816647). Studies on bees have found behavioral effects (Kumar 2011 (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3052591 /), Favre 2011) (https://link.springer.com/article/10.1007%2Fsl 3592-011-001 6- x#page-1 ), disrupted navigation Goldsworthy 2009 (https://ecfsapi.fcc.gov/flle/7520958012.pdf), Sainudeen 2011 (http://ipublishing.eo.in/jesvoll nol 201 0/EIJES2044.pdf), Kimmel et al. 2007 (http://www.partecipiamo.it/cultura/renzo_barbattini/api_e_frequenze_elettromagnetiche_002 pdf)) decreasing egg laying rate (Sharma and Kumar, 2010 (http://www.gammel.felo.no/201 0_Bier%20Sharma-Kumar-% 7Cfelo% 7Ccontent% 7Cdownload% 7C3923% 7C33892% 7Cflle% 7C201 0_Bier%20Sharma- Kumar.pdf.pdf)) and reduced colony strength (Sharma and Kumar, 2010 (http://www.gammel.felo.no/201 0_Bier%20Sharma-Kumar- % 7Cfelo% 7Ccontent%7Cdownload%7C3923% 7C33892%7Cflle% 7C201 0_Bier%20Sharma-Kumar.pdf.pdf), Harst et al. 2006 (http://www.next- up org/pdf/lCRW_Kuhn_Landau_study.pdf)). Research has also found a high level of damage to trees from antenna radiation. For example, a field monitoring study spanning 9 years involving over 100 trees (Waldmann-Selsam 2016) (https://wwwsciencedirectcom/science/article/pii/S0048969716317375#') found trees sustained more damage on the side of the tree facing the antenna. CNN: Study Links Bee Decline to Cell Phones a ''Towards 5G communication systems: Are there health implications? (https://wwwncbi.nlm.nih.gov/pubmed/29402696) "is a research review that details how research has found that millimeter waves can alter gene expression, promote cellular proliferation and synthesis of proteins linked with oxidative stress, inflammatory and metabolic processes." The researchers conclude, "available findings seem sufficient to demonstrate the existence of biomedical effects, to invoke the precautionary principle" (Di Ciaula 2018 (https://wwwncbi.nlm.nih.gov/pubmed/29402696)). June 25, 2019 Item #7 Page 106 of 126 5G Small Cells Theodora Scarato 5G Takoma Park Council a Research on People Near Cell Towers Links Exposure to Adverse Effects "The Impact of radiofrequency radiation on DNA damage and antioxidants in peripheral blood lymphocytes of humans residing in the vicinity of mobile phone base station· (https://www.researchgate.net/publication/318916428_lmpact_of_radiofrequency_radiation_on_DNA_damage_and_antioxidants_in_peripheral_blood_iymr is a research study that compared people living close (within 80 meters) and far (more than 300 meters away) from cellular antennas and found that the people living closer had several significant changes in their blood predictive of cancer development (Zothansiama 2017 (https://www.researchgate.net/scientific-contributions/2131399242-Zothansiama)). Researchers controlled for various demographics, including the use of microwaves and wireless in the homes. "Mortality by neoplasia and cellular telephone base stations (https://www.sciencedirect.com/science/article/pii/S0048969711005754)" is a 10 year study by the Belo Horizonte Brazil Health DepartlT!ent and several universities in Brazil that found an elevated relative risk of cancer mortality at residential distances of 500 meters or less from cell installations (Dode 201 1 (https://www.sciencedirect.com/science/article/pii/S0048969711005754)). Shortly after this study was published, the city prosecutor sued several cell phone companies and requested that almost half of the city's antennas be removed. Many antennas were dismantled. A 2019 study (https://www.ncbinlm.nih.gov/pubmed/? term=Mobile+Phone+Base+Station+ Tower+Settings+Adjacent+to+School+Buildings%3A+lmpact+on+Students%E2%80%99+Cognitive+Health) of students in schools near cell towers found their higher RF exposure was associated with impacts on motor skills, memory and attention (Meo 2019 (https://www.ncbi.nlm.nih.gov/pubmed/? term=Mobile+Phone+Base+Station+ Tower+Settings+Adjacent+to+School+Buildings%3A+lmpact+on+Students%E2%80%99+Cognitive+Health)). Examples of other effects linked to cell towers in research studies include neuropsychiatric problems (https://www.ncbinlm.nih.gov/pubmed/16962663), elevated diabetes (https://www.researchgate.net/publication/283726472__Association_of_Exposure_to_Radio-Frequency_Electromagnetic_Field_Radiation_RF- EM FR_Generated_by _Mobi le_Phone_Base_Stations_ with_G lycated_Hemoglobin_HbA 1 c_and_Risk._of_ Type_2-Diabetes_Mel litus ), headaches (https://www.ncbinlm.nih gov/pubmed/16621850), sleep problems (https://www.ncbinlm.nih.gov/pubmed/12168254) and genetic damage (https://www.ncbinlm.nih.gov/pubmed/25006864). Such research continues to accumulate after the 2010 landmark review study (https://www.nrcresearchpress.com/doi/pdfplus/10.1139/ A 10-018) on 56 studies that reported biological effects found at very low intensities, including impacts on reproduction, permeability of the blood-brain barrier, behavior, cellular and metabolic changes, and increases in cancer risk (Lai and Levitt 201 0 (https://www.nrcresearchpress.com/doi/pdfplus/10.1139/ A 10-018)). Cellular Antennas Create Measurable Increases in Radiation in the Area A 2018 article (https://www.sciencedirect.com/science/article/pii/S2542519618302213?via%3Dihub) published in The Lancet Planetary Health points to unprecedented increasing RF exposures (Bandara and Carpenter 2018 (https://www.sciencedirect.com/science/artic1e/pii/S254251961830227 3? via%3Dihub)). Another key finding from Zothansiama 2017 (https://www.researchgate.net/scientific-contributions/2131399242-2othansiama) was that homes closer to antennas had measurably higher radiation levels-adding to the documentation that antennas increase RF levels. An Australian study (https://www.ncbinlm.nih.gov/pubmed/27759027) also found that children in kindergartens with nearby antenna installations had nearly three--and-a- half times higher RF exposures than children with installations further away (more than 300 meters (Bhatt 2016 (https://www.ncbi.nlm.nih.gov/pubmed/27759027)). June 25, 2019 Item #7 Page 107 of 126 A 2018 multi-country study (https://wwwsciencedirect.com/science/article/pii/S016041201731485X) that measured RF in several countries found that cell phone tower radiation is the dominant contributor to RF exposure in most outdoor areas exposure in urban areas was higher and that exposure has drastically increased. As an example, the measurements the researchers tool in Los Angeles, USA were 70 times higher than the US EPA estimate 40 years ago. Washington DC Council on 5G Small Cells Theodora Scarato a Click for "Facts About SG" What You Need To Know (https://ehtrust.org/key-issues/cell-phoneswireless/Sg-internet- everything/20-quick-facts-what-you-need-to-know-about-Sg-wireless-and-small-cells/) THOUSANDS OF MINI CELL TOWERS TO BE BUILT IN FRONT OF HOMES 5G will require the buildout of literally hundreds of thousands of new wireless antennas in neighborhoods, cities and towns. A cellular small cell or other transmitter will be placed every two to ten homes according to estimates. The purpose of this massive infrastructure build out of small cells, distributed antennae systems and microcells is to increase range and capacity in populated urban areas and prepare for the future 5G rot/out 5G frequencies will utilize higher frequencies that do not travel as far as the lower frequencies US state and federal governments are moving forth regulations which would make the right of way in front of homes as available sites for 5G transmitters -without consent of the property owners. In response, communities are protesting en mass as they do not want these transmitters built in front of their homes and communities want to be able to regulate the placement on right of ways. Some municipalities are taking the case to the courts with litigation. (http://delgazette.com/news/ 5394 7 / city-joins-I itigation-aga inst-state-law) SG WILL USE HIGHER ELECTROMAGNETIC FREQUENCIES 5G will utilize multiple frequencies from those currently in use for cell phones and wireless to higher millimeter frequencies Today's cellular and Wi-Fi networks rely on microwaves - a type of electromagnetic radiation utilizing frequencies up to 6 gigahertz (GHz) in order to wirelessly transmit voice or data. However, 5G applications (https://wwwpcworld com/article/2940792/5g-networks-look-to-new-frequencies-to-deliver- gigabit-speeds.html) will require unlocking of new spectrum bands in higher frequency ranges above 6 GHz to 7 00 GHz and beyond, utilizing submillimeter and millimeter waves -to allow ultra-high rates of data to be transmitted in the same amount of time as compared with previous deployments of microwave radiation. Each carrier will use a different set of frequencies + Click here to read about the difference between 1 G, 2G, 3G and 4G MILLIMETER AND SUBMILLIMETER WAVES ARE BIOLOGICALLY ACTIVE Current investigations of wireless frequencies in the millimeter and submillimeter range confirm that these waves interact directly with human skin, specifically the sweat glands. Dr. Ben-lshai of the Department of Physics, Hebrew University, Israel recently detailed how human sweat ducts act like an array of helical antennas when exposed to these wavelengths MECHANISM OF ACTION IS PROVEN Research already indicates serious adverse effects from the wireless modalities in use today. Research studies from the Dielectric Spectroscopy Laboratory of the Department of Applied Physics, Hebrew University of Jerusalem, headed by Dr. Yuri Feldman, indicate that 5Gs millimeter and submillimeter waves will uniquely interact with human skin and lead to preferential layer absorption The number of sweat ducts within human skin varies from two million to four million. Replicated peer research of these biological effects in laboratory research has been conducted internationally and scientists consider this mechanism of action well proven (See documentation further down on this webpage). SG FREQUENCIES ARE USED IN WEAPONS June 25, 2019 Item #7 Page 108 of 126 For years, the US, Russian and Chinese defense agencies(http://jnlwpdefense.gov/Portals/50/Documents/Future_Non-Lethal_Weapons/HEAPpdf) have been developing weapons that rely on the capability of this electromagnetic frequency range to induce unpleasant burning sensations on the skin as a form of crowd control. Millimeter waves are utilized by the US Army in crowd dispersal guns called Active Denial Systems (http://jnlwp.defense.gov/About/Frequently-Asked-Questions/Active-Denial-System-FAQs/). Dr. Paul Ben-lshai pointed to research that was commissioned by the US. Army to find out why people ran away when the beam touched them. "If you are unlucky enough to be standing there when it hits you, you will feel like your body is on fire." The U.S. Department of Defense explains how "The sensation dissipates when the target moves out of the beam. The sensation is intense enough to cause a nearly instantaneous reflex action of the target to flee the beam." HUMAN SKIN WILL BE CLASSIFIED AS AN EXTREMITY ALLOWING HIGHER EXPOSURES Our skin is our largest organ Dariusz Leszczynski, PhD, Chief Editor of Radiation and Health has stated that the International Commission on Non- Ionizing Radiation Protection usually referred to as ICNIRP -is developing recommendations for public exposure limits of these higher frequencies is planning to classify all the skin in the human body as belonging to the limbs rather than to the head or torso. Leszczynski cautioned that, "If you classify skin as limbs -no matter where the skin is -you are permitted to expose it more than otherwise." We assume that in terms of US exposure limits this means that the skin will be classified as "an extremity". Extremities are allowed to be exposed to much higher radiation levels than the brain, torso, legs and arms. In the USA extremities -in regards to wireless radiation-are specifically wrists and hands, ankle~ and feet and the ear. SG DEPLOYMENT WITHOUT HEALTH EFFECT EVALUATION US Senator Blumenthal Raises Concerns on 5G Wireless Te ... a 5G is being developed and implemented without adequate evaluation of the effect of this technology on human health after long term exposure to these frequencies. Peer reviewed research studies have found adverse effects from the electromagnetic frequencies currently in use and that will be in use for this new technology. There are no studies that have evaluated the impact of long term exposure to 5G technology on human health. None. We are the experiment. 'There is an urgent need to evaluate 5G health effects now before millions are exposed. We need to know if 5G increases the risk of skin diseases such as melanoma or other skin cancers," stated Ron Melnick, the National Institutes of Health scientist, now retired, who led the design of the National Toxicology Program study on cell phone radiofrequency radiation. Click here for "Facts About 5G" What You Need To Know (https://ehtrustorg/key-issues/cell-phoneswireless/5g-internet-everything/20-quick-facts-what- you-need-to-know-about-5g-wireless-and-small-cells/) Click here for Top Resources to Take Act (https://ehtrust.org/resources-to-take-action-on-us-5g-streamlining-bills/) Devra Davis Introduces Panel of Speakers at "Dialogue with ... a June 25, 2019 Item #7 Page 109 of 126 I A 56 WIIBilS FUTURE In Dr. Cindy Russell's A 5G Wireless Future Will it give us a smart nation or contribute to an unhealthy one (https://issuu.com/18621 /docs/bulletin_0217 _web/20) (Text PDF) (http://www.sccma- l~..::::::=.?E-=:"T . , , :. - mcms.org/Portals/l 9/ assets/ docs/ A %205G%20Wireless%20Future%20Formatted%20PDFpdf?ver=2017-03-23- 094719-l 57), published in the the Santa Clara Medical Association, Russell states that "3G, 4G, 5G or a combination of zapping frequencies giving us immersive connection and entertainment but at a potentially steep price" Russell details the scientific documentation on 5G's frequencies which include arrhythmias, heart rate variability, bacterial affects, antibiotic resistance, immune system affects, chromatin affects, teratogenic effects, altered gene expression and cataracts. _.., __ , ·----···~•-" Dr. Cindy Russell lists specific recommendations shared by Environmental Health Trust and scientists worldwide. (https:// drive_ goog le. com/fl le/ d/0B l 4R6QN kmaXuM I NZMnRjeEh FRVk/view) RECOMMENDATIONS TO PROTECT PUBLIC HEALTH 1 Do not proceed to roll out 5G technologies pending pre-market studies on health effects. 2. Reevaluate safety standards based on long term as well as short term studies on biological effects. 3. Rescind a portion of Section 704 of the Telecommunications Act of 1996 which preempts state and local government regulation for the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects. 4. Rescind portions of The Spectrum Act which was passed in 2012 as part of the Middle Class Tax Relief and Job Creation Act, which strips the ability city officials and local governments to regulate cellular communications equipment, provides no public notification or opportunity for public input and may potentially result in environmental impacts. 5. Create an independent multidisciplinary scientific agency tasked with developing appropriate safety regulations, premarket testing and research needs in a transparent environment with public input. 6. Label pertinent EMF information on devices along with appropriate precautionary warnings RESOURCES Click here for EHT's Scientific FactSheets On 5G (https://ehtrust.org/small-cells-mini-cell-towers-health-letters-scientists-health-risk-5g/) Want to read more? Click for "Facts About 5G" What You Need To Know (https://ehtrust.org/key-issues/cell-phoneswireless/5g-internet-everything/20- quick-facts-what-you-need-to-know-about-5g-wireless-and-small-cells/) Scientific analyses show industry funding can and does influence research on radiofrequency radiation. • The Harvard Press Book "(https://www. then at ion_ com/ article/how-big-wireless-made-us-think-that-eel I-phones-a re-safe-a-specia I- investigation/) Captured Agency How the Federal Communications Commission is Dominated by the Industries it Presumably Regulates (https//ehtrustorg/key-issues/harvard-press-book-telecom-industry-influence-us-fcc-captured-agency/}'by Norm Alster documents the financial ties between the US federal government's Federal communications Commission (FCC) and how, as a result, the wireless industry has bought inordinate access to-and power over-a major US regulatory agency. Read that here. (https://ehtrust.org/key-issues/harvard-press-book-telecom- industry-influence-us-fcc-captured-agency/) • 'The Disinformation Campaign-And Massive Radiation Increase-Behind The 5G Rollout (https://www.thenation.com/article/how-big-wireless- made-us-think-that-cell-phones-are-safe-a-special-investigation/)" by Mark Hertsgaard And Mark Dowie in The Nation April 23, 2018 Potential Risks to Human Health Originating from Future Sub-MM Communication Systems Expert Forum Lecture at the Israel Institute for Advanced Study at Hebrew University Medical School, January 24, 2017 Watch a lecture on submillimeter and millimeter frequencies by Paul Ben-lshai, PhD of the Department of Physics, Ariel University, Israel, Full Bio (https://www.researchgate.net/profile/PauUshai) and Yuri Feldman, PhD, Head of the Dielectric Spectroscopy Laboratory, Department of Applied Physics, Hebrew University of Jerusalem, Full Bio (http://aph.hujiac.il/people/feldman/cv.htm) Click here for a PDF of Abstract for this Presentation (https://ehtrust.org/wp-content/uploads/Yuri-Feldman-and-Paul-Ben-lshai-Abstract.pdf) NEWS Potential Risks to Human Health ... a Is 5G technology dangerous? Early data shows a slight increase of tumors in male rats exposed to cellphone radiation, (http://www.latimes.com/business/la-fi-cellphone-5g-health-20l 60808-snap-story.htm1)Jim Puzzanghera, Los Angeles Times, Aug 8, 2016 June 25, 2019 Item #7 Page 110 of 126 A 5G Wireless Future: Will it give us a smart nation or contribute to an unhealthy one, Dr. Cindy Russell, (https://issuu.com/l 8627/docs/bulletin_027 7 _web/20)Santa Clara Medical Association Bulletin Jan/Feb 2017 (Page 20 to 23 (https://issuu com/18621/docs/bulletin_0277 _web/20)) (Text only PDF) (http://www.sccma- mcms.org/Portals/19/assets/docs/ A %205G%20Wireless%20Future%20Formatted%20PDF.pdf?ver=201 7-03-23-094 719-1 57) The Internet of Things Poses Human Health Risks: Scientists Question the Safety of Untested 5G Technology at International Conference, (http://www.sbwire.com/press-releases/the-internet-of-things-poses-human-health-risks-scientists-question-the-safety-of-untested-5g-technology-at- international-conference-779643 htm) Environmental Health Trust Press Release 3/9/2017 Everything You Need to Know About 5G IEEE (http://spectrum.ieee org/video/telecom/wireless/everything-you-need-to-know-about-5g) article RESOURCES FOR THE COMMUNITY Click Here For EHT's Scientific FactSheets On 5G (Https://Ehtrust.org/Small-Cells-Mini-Cell-Towers-Health-Letters- Scientists-Health-Risk-Sg/) Why We Should Oppose 5G on Health Grounds, by Dr. Ronald Powell (https://www.scribd.com/document/339826676/Why-We-Should-Oppose-5G-on- Health-Grounds) WHAT ARE 5G AND THE INTERNET OF THINGS? Website: http://whatis5g.info/ (http://whatis5g.info/)This website considers all the issues surrounding 5G and the man ways 5G and the lo Twill harm humans, the environment, and our Earth from cybersecurity to conflict minerals to health. Citizens' Cell Tower 5G Information Packet of Montgomery County (https://docs.google.com/presentation/d/1 i- 83Q9ECMkZXIOHfE9slX9y3zql CGu7ZHemcT3T0CLl/edit#slide=id.p): This slide presentation contains key details for communities addressing small cells in their neighborhood. RECENT SG and MILLIMETER WAVE BIOEFFECT STUDIES Click here to see the latest science on 5G millimeter waves. (https://ehtrust.org/scientific-research-on-5g-and-health/) This compilation has included several papers compiled from Dr. Joel Moskowitz on his blog SaferEMR (http://www.saferemr.com/2016/08/is-Sg-cellular- technology-harmful-to.html), from work presented at the Israel Institute for Advanced Studies at Hebrew University (https://ehtrustorg/science/key- scientific-lectures/2017-expert-forum-wireless-radiation-human-health/)and from the Environmental Health Research Team. Russell CL. SG wireless telecommunications expansion: Public health and environmental implications. (https://doi.org/101 0l 6/j.envres.2018 01.076)Environmental Research. Available online 11 April 2018. in press. • "On the horizon, a new generation of even shorter high frequency 5G wavelengths is being proposed to power the Internet of Things (loT)" • "It is argued that the addition of this added high frequency 5G radiation to an already complex mix of lower frequencies, will contribute to a negative public health outcome both from both physical and mental health perspectives." • "Like other common toxic exposures, the effects of radiofrequency electromagnetic radiation (RF EMR) will be problematic if not impossible to sort out epidemiologically as there no longer remains an unexposed control group. This is especially important considering these effects are likely magnified by synergistic toxic exposures and other common health risk behaviors. Effects can also be non-linear. Because this is the first generation to have cradle-to-grave lifespan exposure to this level of man-made microwave (RF EMR) radiofrequencies, it will be years or decades before the true health consequences are known. Precaution in the roll out of this new technology is strongly indicated." • "Current radiofrequency radiation wavelengths we are exposed to appear to act as a toxin to biological systems. A moratorium on the deployment of 5G is warranted, along with development of independent health and environmental advisory boards that include independent scientists who research biological effects and exposure levels of radiofrequency radiation. Sound regulatory policy regarding current and future telecommunications initiative will require more careful assessment of risks to human health, environmental health, public safety, privacy, security and social consequences. Public health regulations need to be updated to match appropriate independent science with the adoption of biologically based exposure standards prior to further deployment of 4G or 5G technology.' Betzalel N, Ben lshai P, Feldman Y., The human skin as a sub-THz receiver -Does 5G pose a danger to it or not? (https://www.ncbi.nlm.nih.gov/pubmed/29459303) Environ Res. 2018 May;163:208-216. doi: 10.1016/j.envres.2018.01.032. Epub 2018 Feb 22. • Experimentally we showed that the reflectance of the human skin in the sub-THz region depends on the intensity of perspiration, i.e. sweat duct's conductivity, and correlates with levels of human stress (physical, mental and emotional). Later on, we detected circular dichroism in the reflectance from the skin, a signature of the axial mode of a helical antenna. The full ramifications of what these findings represent in the human condition are still unclear. We also revealed correlation of electrocardiography (ECG) parameters to the sub-THz reflection coefficient of human skin. In a recent June 25, 2019 Item #7 Page 111 of 126 work, we developed a unique simulation tool of human skin, taking into account the skin multi-layer structure together with the helical segment of the sweat duct embedded in it. The presence of the sweat duct led to a high specific absorption rate (SAR) of the skin in extremely high frequency band. In this paper, we summarize the physical evidence for this phenomenon and consider its implication for the future exploitation of the electromagnetic spectrum by wireless communication. Starting from July 2016 the US Federal Communications Commission (FCC) has adopted new rules for wireless broadband operations above 24GHz (5G). This trend of exploitation is predicted to expand to higher frequencies in the sub- THz region. One must consider the implications of human immersion in the electromagnetic noise, caused by devices working at the very same frequencies as those, to which the sweat duct (as a helical antenna) is most attuned. We are raising a warning flag against the unrestricted use of sub-THz technologies for communication, before the possible consequences for public health are explored. Nasim I, Kim S. Human Exposure to RF Fields in 5G Downlink (https://arxivorg/abs/1711.03683). Submitted on 10 Nov 2017 to IEEE International Communications Conference. • Our results show that 5G downlink RF fields generate significantly higher power density (PD) and specific absorption rate (SAR) than a current cellular system. This paper also shows that SAR should also be taken into account for determining human RF exposure in the mmW downlink. TRIPATHI et al., Frequency of the resonance of the human sweat duct in a normal mode of operation (https://www.osapublishing.org/DirectPDFAccess/D9A2E695-D15D-19E6-03A77C91 ED8C556F _382113/boe-9-3-1301.pdf? da=l &id=382113&seq=0&mobile=no), BIOMEDICAL OPTICS EXPRESS 130, Vol. 9, No. 311 March 2018 • This result indicates that careful consideration should be given while designing electronic and photonic devices operating in the sub-terahertz frequency region in order to avoid various effects on human health due to these waves. Betzalel, Y. Feldman, and P. Ben lshai, "The Modeling of the Absorbance of Sub-THz Radiation by Human Skin;• (http://ieeexplore.ieee.org/document/8016593/) IEEE Trans. THz Sci. Tech. (Paris) 7(5), 521-528 (2017). • In 2008, we demonstrated that the coiled portion of the sweat duct in upper skin layer could be regarded as a helical antenna in the sub-THz band. The full ramifications of what these findings represent in the human condition are still very unclear, but it is obvious that the absorption of electromagnetic energy is governed by the topology for the skin and its organelles, especially the sweat duct. Di Ciaula (https://www.ncbi.nlm.nih.gov/pubmed/?term=Di%20Ciaula%20A%5BAuthor%5D&cauthor=true&cauthor_uid=29402696), Towards SG communication systems: Are there health implications? (https://www.ncbi.nlm.nih.gov/pubmed/29402696), Int J Hyg Environ Health. (https://www.ncbi.nlm.nih.gov/pubmed/29402696#) 2018 Feb 2. • "Preliminary observations showed that MMW increase skin temperature, alter gene expression, promote cellular proliferation and synthesis of proteins linked with oxidative stress, inflammatory and metabolic processes, could generate ocular damages, affect neuro-muscular dynamics." • "Further studies are needed to better and independently explore the health effects of RF-EMF in general and of MMW in particular. However, available findings seem sufficient to demonstrate the existence of biomedical effects, to invoke the precautionary principle, to define exposed subjects as potentially vulnerable and to revise existing limits. Scientific Citations from the published study "Potential Risks to Human Health Originating from Future Sub-MM Communication Systems" by Paul Ben- lshai, PhD and Yuri Feldman, PhD Feldman, Yuri and Paul Ben-lshai. "Potential Risks to Human Health Originating from Future Sub-MM Communication Systems." (https://ehtrust.org/wp- content/uploads/Yuri-Feldman-and-Paul-Ben-lshai-Abstract.pdf) Abstract, 2017. Feldman, Yuri, et al. "Human skin as arrays of helical antennas in the millimeter and submillimeter wave range." (https//journals.aps.org/prl/abstract/10.1103/PhysRevLett. l 00.128102) Physical Review Letters, vol. 100, no. 12, 2008. Hayut, ltai, et al. "Circular polarization induced by the three-dimensional chiral structure of human sweat ducts." (https://journals.aps.org/pre/abstract/10.1103/PhysRevE 89 042715) Physical Review, vol. 89, no. 4, 2014. Hayut, ltai, et al. "The Helical Structure of Sweat Ducts Their Influence on the Electromagnetic Reflection Spectrum of the Skin." (http://ieeexplore.ieee.org/abstract/document/6395794/) IEEE Transactions on Terahertz Science and Technology, vol. 3, no. 2, 2013, pp. 207-15. Professor Yuri Feldman -Research Study Summaries, The Hebrew University of Jerusalem Department of Applied Physics, Dielectric Spectroscopy Laboratory (http://aph.huji.ac.il/people/feldman/research.htm#Human%20Skin%20as%20Arrays%20of%20Helical%20Antennas%20in%20the%20Millimeter%20and%'. RESEARCH ON MILLIMETER WAVES Haas AJ, et al. "Effect of acute millimeter wave exposure on dopamine metabolism of NGF-treated PCl 2 cells (https://www.ncbi.nl m nih gov/pubmed/28339776)." Journal of Radiation Research, 2017. June 25, 2019 Item #7 Page 112 of 126 Gandhi OP, Riazi A. Absorption of millimeter waves by human beings and its biological implications {https://drive.google.com/file/d/0B14R6QNkmaXuZ1 JqNHpYNWRWdjg/View) IEEE Transactions on Microwave Theory and Techniques, vol. 34, no. 2, 1986, pp 228-235. Haas AJ, et al. "Effects of 60-GHz millimeter waves on neurite outgrowth in PCl 2 cells using high-content screening." (https://www.ncbi.nlm.nih.gov/pubmedhttps://www.osapublishing.org/boe/abstract.cfm?uri=boe-8-1-273/26921450?dopt=Abstract) Neuroscience Letters, vol. 618, 2016, pp. 58-65. Le Drean Y, et al. "State of knowledge on biological effects at 40-60 GHz." (https://www.sciencedirect.com/science/article/pii/Sl 631070513000480) Comptes Rendus Physique, vol. 14, no. 5, 2013, pp. 402-411. Sivachenko 18, et al. "Effects of Millimeter-Wave Electromagnetic Radiation on the Experimental Model of Migraine (https://www.ncbi.nlm.nih.gov/pubmed/26899844?dopt=Abstract)" Bulletin of Experimental Biology and Medicine, vol. 160, no. 4, 2016, pp. 425-8. Soghomonyan D, K. Trchounian and A. Trchounian. "Millimeter waves or extremely high frequency electromagnetic fields in the environment: what are their effects on bacteria?" (https://www.ncbi.nlm.nih.gov/pubmed/27087527?dopt=Abstract) Applied Microbiology and Biotechnology, vol. 100, no. 11, 2016, pp. 4761-71. Ramundo-Orlando A. Effects of millimeter waves radiation on cell membrane - A brief review. ( https://link.springer.com/article/1 0 1007%2Fs10762-010- 9731-z) Journal of Infrared Millimeter Terahertz Waves, vol. 30, no. 12, 2010, pp. 1400-1411. REFERENCES ON DEFENSE USE OF MILLIMETER WAVES US Department of Defense Non-Lethal Weapons Program FAQS (http://jnlwp.defense.gov/About/Frequently-Asked-Questions/Active-Denial-System- FAQs/) A Narrative Summary and Independent Assessment of the Active Denial System The Human Effects Advisory Panel (http://jnlwp.defense.gov/Portals/50/Documents/Future_Non-Lethal_Weapons/HEAPpdf) SUBMISSIONS TO THE FCC ON SPECTRUM FRONTIERS On July 14, 2016, the FCC voted (https://www.fcc.gov/news-events/events/2016/07 /july-2016-open-commission-meeting) to approve Spectrum Frontiers, making the U S. the first country in the world to open up higher-frequency millimeter wave spectrum for the development of 5G fifth-generation wireless cellular technology. The FCC was flooded with comments in opposition to 5G. Read full details at the EHT website on Spectrum Frontiers (https://ehtrust.org/policy/fcc-approves-5g-millimeter-wave-spectrum-frontiers/) The Berkshire-Litchfield Environmental Council Comments to Thomas Wheeler, Chairman, Federal Communications Commission (http://nebulawsimg.com/d47146dc1eb6dede8e10446de2df0507?AccessKeyld=045114F8E0676B9465FB&disposition=O&alloworigin=1) "Federally-protected wildlife species are in danger", Briefing Memorandum from Dr. Albert Manville (http://nebulawsimg.com/6604901702145f9f6235820c4f9b1663?AccessKeyld=045114F8E06 76B9465FB&disposition=0&alloworigin=1) July 20, 2016 -Dr. Joel Moskowitz Comment to the FCC, "FCC Open Letter Calls for Moratorium on New Commercial Applications of Radiofrequency Radiation" (http://www.saferemr.com/201 6/07 /fee-open-letter-ca I ls-for-moratorium-on. html) Dr. Yael Steins Comments to the FCC in Opposition to 5G Spectrum Frontiers Millimeter Wave Technology (https://ehtrust.org/letter-fcc-dr-yael-stein-md- opposition-5g-spectrum-frontiers/) Dr. Ronald M. Powell Ph.D. Comment to the FCC (http://nebula.wsimg.com/cd1 ae35ac217f717d9ef624c8c34ca91? AccessKeyld=045114F8E06 7689465FB&disposition=0&alloworigin=1) Dr. Devra Davis to FCC, "Long Term Health and Safety Evaluation Needed Before Introduction of 5G" (http://nebula.wsimg.com/e082d261 a 7df6879b06bd5f63a69db3a? AccessKeyld=045114F8E06 76B9465FB&disposition=0&alloworigin= 1) Comments to FCC by Electrical Pollution, "Parents Write to the FCC: Be on the Right Side of History" (https://ehtrust.org/letter-fcc-vote-no-5g-spectrum- frontiers-right-side-h istory /) Submission to FCC by Susan Clark, "Stop 5G harm to all living beings: The Science is Conclusive" (http://nebula.wsimg.com/ba65d9451 5b50058d3b 1 556302e84fcf? AccessKeyld=045114F8E06 76B9465FB&disposition=0&alloworigin= 1) Maryland Smartmeter Awareness Comment to the FCC, "FCC Proposed Move to 5G" (http://nebula.wsimg.com/177b84b5eff74db8bb33e1 b8b4a7d9c0? AccessKeyld=045114F8E0676B9465FB&disposition=0&alloworigin=1) Comments by Dafna Tachover and ·we are the Evidence" to FCC, "Those Injured by Wireless ask Congress: Please Protect us and help protect the public's health. Say STOP to the FCC and wheeler in 5G vote" (http://nebula.wsimg.com/869b182fa88ef35090f791 b691 el c2d3? AccessKeyld=045114F8E06 76B9465FB&disposition=0&alloworigin=1) Angela Tsiang to US Senate Committee on Commerce, Science, and Transportation (https://ehtrust.org/wp-content/uploads/ AngelaTsiangLetter.pdf) June 25, 2019 Item #7 Page 113 of 126 SPECTRUM FRONTIERS RESOURCES July 14, 2016 FCC Meeting Video Spectrum Frontiers vote. (https//wwwfcc.gov/news-events/events/2016/07 /july-2016-open-commission-meeting) TV Technology: FCC Opens Higher Frequencies to Phone Companies (http://www.tvtechnology.com/news/0002/fcc-opens-high-frequencies-to-phone- companies/279020) Public News Service: FCC Votes Today on Opening Additional Wireless Spectrum for 5G (http://www.publicnewsservice.org/2016-07-l 4/consumer- i ssues/fcc-votes-today-on-open ing-additiona l-wireless-spectrum-for-5g/ a 529 52-1) Regulators Pave Way For Speedy Next-Generation 5G Networks (https://www.reuters com/article/us-usa-telecoms-idUSKCN0ZUl V9?il=0) GSMA ANALYSIS Understanding 5G Perspectives on future technological advancements in mobile (https://www.gsmaintelligence.com/research/? file=14 l 208-5g pdf&download) VIDEOS ehtrust (https://huzzaz.com/createdby/ehtrust) Video Lectures on SG (https://huzzaz.com/collection/video-lectures-on-Sg) ~) ► Play SG Millimeter Wave military heat ray gun zaps reporter Dr. Dariusz Leszczynski Griffith University Lecture on SG, Wireless and Health. Australian Scientists Raise Concerns About SG Technology: NewsB/2017 Potential Risks to Human Health from Future Sub-MM Communication Systems: Paul Ben-lshai, PhD -' ~-I ~ June 25, 2019 Item #7 Page 114 of 126 ,,,,- ■ .. SG Technology: Potential Risks To Human Health: Excerpts From Scientific Conference The potential risks to human health from SG: Reykjavik, Iceland: International Conference Health Risks of SG Technology: Dr. Devra Davis Millimeter Wave Mobile Communications for SG Cellular: It Will Work! .. . -·. J ' ~ . ./·· ~ '• ·, Tom Wheeler FCC Chair 5 G Spectrum Frontiers Asked About How Wireless Causes Cancer TWS 2015: Millimeter Wave for SG The Active Denial System (ADS) INDUSTRY RESOURCES ON 5G GSMA Intelligence. Understanding 5G (https://www.gsmaintelligence com/research/?file=141208-5g.pdf&download) Global Organizations Forge New Frontier for 5G (http://www. 4ga mericas.org/f1 les/891 4/ 6 77 4/ 6 7 48/G lob a I_Organ izations_Forge_New _Frontier _of_5G_Fi na I. pdf) Nokia: Creating a New Era of Communication (https://networks.nokia.com/innovation/5g) Innovation Center at the University of Surrey: What is 5G? (http://www.surrey.ac.uk/5gic/about/what-5g) NYU Wireless Millimeter wave channel modeling (http://wireless.engineering.nyu.edu/mmwave--channel-modeling/) Click here for "Facts About 5G" What You Need To Know (https://ehtrust.org/key-issues/cell-phoneswireless/5g-internet-everything/20-quick-facts-what- you-need-to-know-about-5g-wireless-and-small-cells/) Click here for Top Resources to Take Act (https://ehtrust.org/resources-to-take-action-on-us-5g-streamlining-bills/) .. -ENVIRONMENTAL HEALTH TRUST Email us at info@ehtrust.org (mailto:info@ehtrust.org) Mailing address P.O. Box 58, Teton Village WY83025 About Environmental Key Issues Policy Science Health Trust (EHT) (https://ehtrust.org/key-(https://ehtrust.org/policy/Xhttps://ehtrust.org/science/) (https://ehtrust.org/about/)issues/) Educate Yourself (https:// ehtrust.org/take- action/ educate- yourself/) Take Action Resources to Share Media & Publications (https://ehtrust.org/take-(https://ehtrust.org/resourqhltps://ehtrust.org/publicatio1 action/) to-share/) June 25, 2019 Item #7 Page 115 of 126 Express mail should be sent to 7100 N Rachel Way Unit 6 Eagles Rest Teton Village WY 83025 Copyright © 2019 Enviromental Health Trust f FACEBOOK {HTTPS://FACEBOOK.COM/EHTRUSl) 'I TWITTER (HTTPS://TWITTER.COM/SAFERPHONES) 1'" YOUTUBE mill {HTTPS://WWW.YOUTUBE.COM/USER/WATCHEHTRUS" June 25, 2019 Item #7 Page 116 of 126 Master License Agreement with New Cingular Wireless PCS, LLC to allow the use of city-owned street light and utility poles for small cell facilities. Curtis M. Jackson, Real Estate Manager Gary Barberio, Deputy City Manager June 25, 2019 June 25, 2019 Item #7 Page 117 of 126 Adopt a Resolution authorizing a Master License Agreement (MLA) with New Cingular Wireless PCS, LLC (AT&T) to allow the use of city-owned street light and traffic signal poles within the city’s right-of-way for small cell facilities. June 25, 2019 Item #7 Page 118 of 126 Essential Terms of Master License Agreement•Initial term of five years –Five successive five-year renewal options. •License fee of $272 per pole per year. –Three percent (3%) annual adjustment. –“Renegotiated Fair Market Fee” provision should portion of FCC Ruling be overturned or reversed. •One time $8,000 administration fee. •Estimated 55 small cell facilities to be installed over initial term. •Net revenue to city over initial term anticipated to be approximately $74,800. June 25, 2019 Item #7 Page 119 of 126 FCC Regulatory Authority•Telecommunications Act of 1996 •Facilitatetelecommunicationsinfrastructure •Shall not discriminate among providers •Shall not “effectively prohibit”personal wireless service June 25, 2019 Item #7 Page 120 of 126 FCC Regulatory Background Continued . . . •Report and Order FCC 18-133 (FCC Ruling) •Adopted September 27,2018;became fully effective January 14,2019 •Broad preemption over state and local authority •Re-writes judicial interpretation of “effective prohibition”under the Telecommunications Act •Defines “small wireless facility” as anything under 28 cubic feet •Restricts all compensation to cost recovery (presumed to be $270 per pole) •Reduces the time limit (Shot Clock)for small cell application review (60 or 90 days). •Allows for limited aesthetics/design standards •1)Reasonable,2)no more burdensome than other deployments in the right-of-way,and 3)objective and published in advance June 25, 2019 Item #7 Page 121 of 126 Health Concerns & Safeguards•Telecommunications Act of 1996 •The Telecommunications Act expressly preempts state and local government fromdenyingpermitsonthebasisofRFemissions,so long as such facilities comply withtheFCC's regulations concerning such emissions. 47 U.S.C. §332(c)(7)(B)(iv). •Code of Federal Regulations •The FCC requires telecommunication facilities to comply with RF exposureguidelinespublished in the Code of Federal Regulations. (47 CFR § 1.1307 and 47 CFR§1.1310). •Limits of exposure are approximately 50 times below levels that may cause harm. •FDA,EPA,and numerous courts have upheld FCC rules regarding RF emissions. June 25, 2019 Item #7 Page 122 of 126 Next Steps•Once the MLA is approved, AT&T will be required to obtain the necessary Pole Licenses for any and all new future locations. June 25, 2019 Item #7 Page 123 of 126 Recommendation •Adopt a Resolution authorizing a Master License Agreement with NewCingular Wireless PCS,LLC to allow the use of city-owned street light andtrafficsignalpoleswithin the city’s right-of-way for small cell facilities,and authorizing the City Manager to act on behalf of the city in all futuredecisions and actions necessary to implement the MLA. June 25, 2019 Item #7 Page 124 of 126 Questions? June 25, 2019 Item #7 Page 125 of 126 Pending Litigation•October 2018: 13 petitions from state and local government agencies combined for review in the Ninth Circuit. –Claim: The FCC Ruling exceeds statutory authority •November 2018: Mobile Service Providers file petition alleging the FCC Ruling didn’t go far enough by failing to adopt a “Deemed Granted” remedy –During litigation the Ruling and Order were not stayed; thus, the order is effective during the pending litigation. •Overall: The Ninth Circuit will be looking at the FCC’s ability and interpretation of “pre-emption,” and whether the FCC should be granted “Chevron Deference” in their interpretation of the term “effective prohibition” in the deployment of telecommunication services. June 25, 2019 Item #7 Page 126 of 126