01-14-2019 BPU RPT 08 - Laserfiche WebLink

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W A T E R E N E R G Y T I F F id& P U B L I C U T I L I T I E S BOARD OF PUBLIC UTILITIES RIVERSIDE PUBLIC UTILITIES Board Memorandum DATE: JANUARY 14, 2019 ITEM NO: 8 SUBJECT: MASTER LICENSE AGREEMENT FOR THE INSTALLATION OF SMALL CELL WIRELESS ANTENNAS AND EQUIPMENT ONTO CITY STREETLIGHTS AND WOOD UTILITY POLES AT MULTIPLE LOCATIONS THROUGHOUT THE CITY ISSUE: Approve the Master License Agreement for the installation of small cell wireless antennas and equipment onto City streetlights and wood utility poles at multiple locations throughout the City. RECOMMENDATIONS: That the Board of Public Utilities recommend that the City Council: 1. Approve the Master License Agreement for attaching small cell wireless antennas and equipment to City owned street lights and wood utility poles, at the rates set forth; 2. Authorize the City Manager, or his designee, to execute individual Master License Agreement for attachments of small cell wireless antennas and equipment to City owned streetlights and Riverside Public Utilities owned wood utility poles attachments to City facilities under the terms set forth in the Master License Agreement; and 3. Approve the additional requirements outlined in this report for street opening permits to ensure compliance with Title 20 of the Riverside Municipal Code. LEGISLATIVE HISTORY: The City owns, operates, and maintains approximately 22,000 electric utility poles and approximately 31,000 streetlight poles, and easements associated with these structures often located in the public right- of-way. The City also owns and operates a municipal electric utility, also known as a "publicly -owned utility" (POU). California law provides that "telegraph or telephone corporations may construct lines of telegraph or telephone lines along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters". California law further provides that "municipalities can exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed", so long as the control is applied to all entities in the same way. (Public Utilities Code sections 7901 and 7901.1.) California law further provides that the City shall allow video service providers that hold a state franchise to install, construct, and maintain a network within public rights-of-way. (Public Utilities Code section 5885).