Discussion and possible action to authorize and approve the execution of a Wireless License Agreement between the City of Peoria and Dish Wireless, LLC for the purpose of granting permission to install, construct, operate and maintain the wireless facility and ground equipment with perimeter screening within the City’s right-of-way located at the northeast corner of 91st Avenue and Beardsley Road.

Dish Wireless, LLC (Dish) filed an application with the City for permission to operate and maintain wireless facilities within the City of Peoria. The proposed facilities, which include antenna equipment, ground equipment, fiber, and power, are to be located within City right-of-way located at the northeast corner of 91^st Avenue and Beardsley Road. In addition, an antenna is proposed to be attached to an APS transmission pole at this location. A photo simulation exhibit is attached which shows the current view and a simulated view of the APS transmission pole.

The site may be used by Dish for the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance and repair of related support facilities (such as tower and base, antennas, microwave dishes, equipment shelters and/or cabinets), but only for the provision of what is commonly known as cellular telephone service and not for any other purpose.  According to Dish, there is currently a hole in coverage in the area and the proposed site will fill the hole and improve service to their customers. For reference, an exhibit of Dish’s current and proposed coverage area is attached.

The term of the License Agreement is for a period of five (5) years, with the option to be extended one additional five (5) year period, if the City and the Licensee elect to extend the agreement.

Under the terms of the License Agreement, Dish is responsible to:

• Pay an annual Base Fee in the amount of $3,500 and an annual Equipment Fee in the amount of $10,000.
  
  
• Beginning on the annual anniversary of the effective date of the agreement, and on each anniversary thereafter, the annual Base Fee of $3,500 will increase by 3%.
  
  
• Pay all plan review and permit fees.
  
  
• Post a bond or irrevocable Letter of Credit in favor of the City in the amount of $100,000 to guarantee that the Licensee shall well and truly observe, fulfill and perform each and every term of this License.
  
  
• Post a certificate of insurance.
  
  
• Document, report, and confirm its compliance with FCC Radio Frequency Exposure Guidelines (FCC OET Bulletin 65) and all other applicable radio frequency emissions laws and regulations in effect from time to time (collectively, the "FCC Rules").
  
  
• Apply and be responsible for permits, pay fees, financial assurances, agreements to install, and certificates of insurance to construct, install, maintain or perform any work in the public highways, public streets, public rights-of-way and public utility easements, which requires a construction permit from the City pursuant to applicable City Codes.
  
  
• Become a member of AZ811.
  
  
• Keep accurate record drawings of facilities installed within the City's boundaries.

Staff recommends approving the Wireless License Agreement with Dish Wireless LLC for the purpose of installing, constructing, operating and maintaining a wireless facility and ground equipment with perimeter screening within the City’s right-of-way located at the northeast corner of 91^st Avenue and Beardsley Road for a term of five (5) years, which may be extended for a term of one additional five (5) year period.   

Dish is responsible to pay all applicable fees and charges:

• Application fee – Dish has already paid this fee.
• All plan review fees and permit fees.
• Category 1 - WCE with antenna(s) mounted on an existing pole and associated ground equipment. The site will have an Annual Antenna Base Fee of $3,500 and an annual Ground Equipment Fee of $10,000.
• Beginning on the annual anniversary of the effective date of the agreement, and on each anniversary thereafter, the annual Base Fee of $3,500 will increase by 3%.