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Home My WebLink AboutE-17 Staff Report - LA RICS License Agreement with ATT CONSENT ITEM E-17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MARCO A. MARTINEZ, CITY ATTORNEY DATE: MAY 6, 2019 SUBJECT: LICENSE AGREEMENT BETWEEN CITY OF AZUSA AND NEW SINGULAR WIRELESS (AT&T) FOR ACCESS TO POLICE DEPARTMENT SITE (725 N. ALAMEDA AVENUE) TO CONDUCT L.A. RICS EQUIPMENT UPGRADES AND FACILITY TESTING BACKGROUND: The Los Angeles Regional Interoperable Communications System (LA-RICS), a California Joint Powers Authority, was established in 2009 to engage in a region-wide cooperative effort to plan and establish a wide-area interoperable public safety communications network known as LA-RICS. The system provides first and secondary responders with the technology to coordinate, in real time, their response during emergencies. The LA-RICS Authority is made up of two independent systems, the Public Safety Broadband Network Long-Term Evolution (LTEdata) and the Land Mobile Radio (LMR) Systems. The LA-RICS Authority originally retained Motorola to design and construct a regional interoperable LTE-data system as part of the LA-RICS integrated system. In mid-2018, the LA-RICS cell sites and communications facilities were transferred to AT&T. According to news reports, under the terms of the transfer agreement, AT&T is paying LA-RICS $6 million for the network assets associated with the existing 76 LTE cell sites. In addition, AT&T will pay LA-RICS another $6 million after LA-RICS builds another 26 LTE sites in Los Angeles County with leftover funds from the Broadband Technology Opportunity Program (BTOP) grant administered by the National Telecommunications and Information Administration (NTIA). As part of the transfer, AT&T needs to make certain improvements to the existing cell sites in order to integrate the equipment into the AT&T system to eliminate system degradation and keep the network operating efficiently. The purpose of this temporary license agreement is to allow New Cingular Wireless (a subsidiary of AT&T) to access the LA RICS cell site located at the Azusa Police Department property and inspect and make these minor improvements. License Agreement with New Singular Wireless (AT&T) May 6, 2019 Page 2 RECOMMENDATION: Staff recommends the City Council approve the terms of the attached temporary license agreement with New Singular Wireless PCS, LLC (AT&T), subject to any additional non-substantive changes made by the City Attorney and City Manager. ANALYSIS: The proposed temporary license agreement with New Cingular would include the following terms: 1. Term. Six (6) months (to October 19, 2019). 2. Proposed work: a. Adding AT&T transport (ground work to install fiber and hardware necessary to ensure capacity to support both data and voice services); b. Upgrading eNB software to “Rev 18” (which will mostly be performed remotely, unless issues require a site visit); c. Incorporating AT&T’s alarm standard (ground work to install alarm equipment, wiring and software installations to bring the sites to AT&T operations and maintenance systems standards); d. Incorporating VoIP (ground work to upgrade wiring and software to add voice capability); and e. Addressing compliance issues (performing 1A Surveys and addressing any other compliance issues (e.g., lighting, EH&S)). 3. Four (4) hour advance notice before accessing the site. Standard insurance requirements will also be imposed before New Cingular can access the City site. Staff is also negotiating a long-term site license to allow AT&T to access and operate the equipment on the site. FISCAL IMPACT: None. However, as part of the long-term license transfer, the City is negotiating certain public benefits with AT&T. William Schutts Assistant Vice President Technical Program Project Management AT&T 208 S. Akard Dallas, TX 75202 BY EMAIL ONLY – shunt@azusaca.gov April 23, 2019 City of Azusa 725 N. Alameda Avenue Azusa, CA 91702 Attn: Stephan Hunt, Chief of Police Re: Use of and access to the LTE Facility at City of Azusa Police Department -725 N. Alameda Ave, Azusa, CA 91702 (the “AZPD001 Site”) described in that certain LTE Site Access Agreement dated November 18, 2014, by and between the City of Azusa (the “City of Azusa”) and the Los Angeles Regional Interoperable Communications System Authority (“LA-RICS”) to provide services under that certain contract (the “FirstNet National PSBN Contract”) awarded to AT&T Corp., on behalf of itself, its subsidiaries, and the subsidiaries of its parent corporation, AT&T, Inc. to build and operate the FirstNet National Public Safety Broadband Network (“FirstNet National PSBN”) Dear Chief Hunt: During the period while New Cingular Wireless PCS, LLC, a wholly-owned, indirect subsidiary of AT&T, Inc. (“AT&T”) and the City of Azusa negotiate and finalize a long-term Site Access Agreement for the use of and access to the AZPD001 Site, AT&T respectfully requests permission to perform work and upgrades at the site. The work contemplated would involve minimal modifications that are necessary to integrate the site into the FirstNet National NPSBN in order to eliminate system degradation and to keep the network operating for FirstNet users. Without these changes, first responders might drop calls or have degraded data sessions. Such work and upgrades will include: (i) Adding AT&T transport (ground work to install fiber and hardware necessary to ensure capacity to support both data and voice services); (ii) Upgrading eNB software to “Rev 18” (which will mostly be performed remotely, unless issues require a site visit); (iii) Incorporating AT&T’s alarm standard (ground work to install alarm equipment, wiring and software installations to bring the sites to AT&T operations and maintenance systems standards); (iv) Incorporating VoIP (ground work to upgrade wiring and software to add voice capability); and (v) Addressing compliance issues (performing 1A Surveys and addressing any other compliance issues (e.g., lighting, EH&S)). Such proposed work and upgrades described in items (i) – (v) above would not include the addition of any new commercial spectrum transmission. Although the City of Azusa and AT&T have not come to terms on the use of these sites for commercial traffic, the City of Azusa understands that the PSBN will be accessible to all Band 14 capable devices, subject to prioritization and preemption for first responders. AT&T is unable to continue operation of the PBSN without also enabling access to all Band 14 capable devices. AT&T recognizes the sensitive and secure nature of the AZPD001 Site and will comply with the necessary processes and protocols for site access to such site. In addition, AT&T and its personnel entering the AZPD001 Site shall meet the additional access requirements set forth below: 1. AT&T shall request written permission from the City of Azusa Police Department (Chief Stephan Hunt) to perform any work requiring ground disturbance at least 7 days prior to conducting this work. The City of Azusa Police Department shall provide or deny permission at least 7 days before work is scheduled to begin. 2. Access to the AZPD001 Site shall be controlled by the City of Azusa Police Department. AT&T’s personnel shall make telephone contact with Police at telephone: 626-812- 3200 at least four (4) hours in advance of a visit to gain access. AT&T’s personnel (comprised of either AT&T managers or identified vendors) shall be in uniform and/or wear a distinctive form of employer identification. AT&T’s personnel shall present appropriate photo identification and employer identification to Police, and be escorted by Police to the AZPD001 Site. Once escorted to the AZPD001 Site, AT&T’s personnel shall have unrestricted access to the communications facility and support structure. Please confirm your acceptance and agreement to the terms set forth in this letter to allow AT&T access to the AZPD001 Site to perform the work described above for a period of six months (until October 30, 2019) by signing below. AT&T looks forward to working toward a long term agreement that will permit an all-band solution which will include Band Class 14 spectrum for the AZPD001 Site. Sincerely, William L. Schutts William Schutts Assistant Vice President – Global Technology Planning and Program Management AT&T William Schutts Assistant Vice President Technical Program Project Management AT&T 208 S. Akard Dallas, TX 75202 Agreed this _____ day of _______________, 2019. City of Azusa By: ____________________________ Name: __________________________ Title: ___________________________ cc: Jay Perez – AT&T Legal (by email only)