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POLE LICENSE AGREEMENT This POLE LICENSE AGREEMENT ("License") dated [insert] (the "Effective Date") is between the CITY OF PLEASANTON, a California municipal corporation (the "City") and [LICENSEE], a [insert licensee's corporate form] ("Licensee"). BACKGROUND A. WHEREAS, Section 253 of the Telecommunications Act of 1996, Pub. L. No. 104- 104, 110 Stat. 56, codified as 47 U.S.C. § 253, preserves the City's authority to control access to and use the rights-of-way within the City's territorial and/or jurisdictional boundaries, and to require reasonable compensation for such use on a competitively-neutral and nondiscriminatory basis so long as such compensation is disclosed; and B. WHEREAS, California Public Utilities Code §§ 7901 and 7901.1 authorizes telephone corporations to construct "telephone lines along and upon any public road or highway"within the City and "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" subject to the City's reasonable time, place and manner control; and C. WHEREAS, on September 26, 2018, the Federal Communications Commission adopted a Declaratory Ruling and Third Report and Order (FCC 18-133) in the rulemaking proceeding entitled Accelerating Wireless Broadband by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79 (the "Order"), which interpreted various provisions in the Telecommunications Act in a manner that, inter alia: (1) limited the compensation that state and local governments may receive from wireless communication and infrastructure providers for access to their public rights- of-way and government-owned infrastructure; (2) significantly curtailed state and local discretionary authority over wireless facility placement and design; and (3) imposed procedural regulations that require state and local governments to negotiate agreements such as this License and approve or deny associated permit applications within 60 or 90 days; and D. WHEREAS, the City generally desires to license its Vertical Infrastructure to wireless communication providers on negotiated terms and conditions but finds that the Order's provisions leave the City with no incentive or time to conduct such negotiations and, as a result, the City has adopted this License as a mandatory form agreement from which no substantive changes can be made by any licensee; and E. WHEREAS, Licensee installs and maintains wireless communications facilities on existing Vertical Infrastructure in the public right-of-way; and F. WHEREAS, Licensee warrants and represents to the City that Licensee has the authority under applicable Laws to install and maintain telephone lines within the {00033905;1)/01} City of Pleasanton, CA 1 DRAFT Pole License Agreement