Addendum.Item #1 - Potential Master License Agreement for Telecommunications Facilities
PREPARED BY: Gabrielle Whelan, Town Attorney
Nicolle Burnham, Parks and Public Works
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Parks and Public Works
Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/04/2022 ITEM NO: 1 ADDENDUM
DATE: October 3, 2022
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Study Session to Discuss Potential Master License Agreement for
Telecommunications Facilities in the Public Right-of-Way.
REMARKS:
The following information is provided in response to Council Member questions:
• Would the Master Agreement ultimately allow more predictable installation?
Yes, the Master Agreement will allow for more control over the location of the
installation. This will help staff by providing clear agreement with the telecom
companies over where the installations are acceptable. This relieves staff of the burden
of assessing each location individually and considering the appropriateness.
• While it appears there will be more upfront work for staff to create a Master License
Agreement (MLA) and work through the details, will this eliminate work downstream?
It will relieve staff of the need to assess locations one by one, but individual installations
will still require a permit on a case-by-case basis to consider structural conditions,
compatibility with existing town infrastructure (e.g., many poles at key intersection have
Police Department cameras that would have precedent over telecom) and the like.
• It appears that the $270 per year per pole charge will be collected to cover staff time to
oversee and monitor the installations. Does that mean we take over the maintenance of
these installations? Do we have the capacity to do this?
PAGE 2 OF 2 SUBJECT: Telecommunications Master License Agreement DATE: October 3, 2022
REMARKS (continued):
The Town would not be responsible for maintaining the communications infrastructure,
but would still own and operate and maintain the actual poles. There may be
opportunity during development of the MLA to ask the telecom to cost share on future
pole maintenance.
• Would this Master Agreement apply to any applicants or would it have to be specifically
created for each telecommunication provider?
Town staff would prepare a Master License Agreement template that could be used
with each provider.