HomeMy WebLinkAbout2006-06-06; City Council; Resolution 2006-140Tx h< b
1 RESOLUTION NO. 2006-140
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA APPROVING
THE TELECOMMUNICATIONS NETWORK LICENSE
4 AND ENCROACHMENT AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND NEXTG NETWORKS
5 OF CALIFORNIA, INC. AND AUTHORIZING THE CITY
MANAGER TO EXECUTE ALL RELATED
DOCUMENTS
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8 WHEREAS, The City is responsible for management of the public right-of-way and
9 performs a wide range of vital tasks necessary to preserve the physical integrity of public streets
and ways, to control the orderly flow of vehicles, to promote the safe movement of pedestrians,
and to manage a number of gas, water, sewer, electric, cable television, telephone and
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telecommunications facilities that are located in, under and over the streets and public right-of-
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ways; and
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WHEREAS, NextG Networks of California, Inc. (NextG) builds, owns, and leases fiber
1fi optic distributed antenna systems to improve wireless coverage and capacity for
17 telecommunications carriers; and
18 WHEREAS NextG balances the needs of communities and consumers with the needs of
19 wireless service providers by using a patented fiber-optic architecture, low-impact, low-emission
™ equipment without the need for tall cellular towers; and
21 WHEREAS, NextG's networks are protocol and frequency agnostic, which allow for the
22 ability to carry cellular, PCS, WiFi, or any combination of wireless frequencies and standards;
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and
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WHEREAS, NextG's networks can serve a variety of wireless service providers thereby
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. , promoting collocation with aesthetic pleasing designs; and26
27 WHEREAS, NextG does not own or manage Federal Communications Commission
28 regulated and licensed frequencies but owns, maintains, operates and controls, in accordance
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1 with regulations promulgated by the Federal Communications Commission and the California
2 Public Utilities Commission, a telecommunications Network(s) serving NextG's established
wireless carrier customers and utilizing microcellular optical repeater equipment certified by the
4 Federal Communications Commission; and
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WHEREAS, for purpose of operating the Network, NextG has requested to locate, place,
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attach, install, operate, control, and maintain its Nodes in the public rights-of-way, on facilities
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owned by the City, as well as on facilities owned by third parties therein; and8
„ WHEREAS, the City and NextG have negotiated and agreed upon terms which would
10 allow installation of NextG's telecommunications equipment on City owned facilities in the
11 public rights-of-way
12 WHEREAS, all the terms and conditions have been agreed to and set forth in a
* 3 Telecommunication Network License and Encroachment Agreement ("Agreement") between the
14 City of Carlsbad and NextG Networks of California, Inc.
NOW, THEREFORE BE IT HEREBY RESOLVED by the City Council of the city of
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Carlsbad, California as follows:
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1. That the above recitations are true.18
19 2. That the City Council does hereby approve the Telecommunications Network
License and Network Agreement between the City of Carlsbad and NextG
20 Networks of California, Inc.
21 3. That the City Manager is authorized to execute this Agreement, any amendments
thereto, and all related documents.
£*£
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad, California, held on the 6th day of June , 2006, by the following vote, to
wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
, Mayor
ATTEST:
t>RRAf^E WOOD