Title
Wireless Communications Equipment in Right of Way License Agreement with DISH Wireless (Ordinance S-49958)
Description
Request to authorize the City Manager, or his designee, to execute a non-exclusive, revocable license agreement with DISH Wireless to construct, install, operate, maintain and use the Public Highways in the City of Phoenix for wireless communications equipment in, under, over and across the public rights of way in the City, subject to the terms and conditions contained in the license and Phoenix City Code. Further request that the licensee sign the license within 60 days of Council action, or this authorization will expire. Additionally, request to authorize the City Treasurer to accept all funds related to this item.
Report
Summary
DISH Wireless is a communications company that has approached the City desiring to enter into a License Agreement to utilize City rights of way for the purpose of installing wireless communication equipment to serve wireless customers. The license will be for a period of 10 years with two five-year renewal options; contain appropriate insurance and indemnification provisions; require a performance bond and a security fund; provide for terms of transfer and revocation; and provide for compensation for the commercial use of public rights-of-way while permitting the City to manage the rights-of-way.
Contract Term
The license term is for a 10-year Wireless Communications Equipment in Right of Way License Agreement with up to two successive five-year renewal periods.
Financial Impact
There is no financial impact to the City. Licensee will pay an annual fee based on the type and location of the antenna structure and the cubic footage of ground equipment. The annual fee will have a three percent per year escalator.
Department
Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson, the Street Transportation Department and the City Engineer.