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1998-02-10 - AGENDA REPORTS - WIRELESS INTERNET SYS (2)
AGENDA REPORT City Manager Approval Item to be presented PUBLIC HEARING DATE: February 10, 1998 SUBJECT: WIRELESS INTERNET COMMUNICATION SYSTEM DEPARTMENT: Administrative Services Steve Stark RECOMMENDED ACTION Introduce and pass to second reading Ordinance Number 98-2 entitled "Wireless Internet Communication System". Approve and authorize the City Manager to execute a non-exclusive franchise agreement with Metricom, subject to City Attorney approval. BACKGROUND Over the last few years, there has been a dramatic increase in the use of wireless communications throughout business and industry. The most prominent has been the cellular phone. However, many other applications such as wireless data networking are also increasing as mobile computing and remote access technology advances. Metricom is a company that provides wireless data communications and network solutions for personal computer and industrial applications. Metricom has filed an application with the City of Santa Clarita to provide wireless data service in Santa Clarita via a system called Ricochet. This service would enable computer users to send and receive e-mail and faxes, access the Internet and World Wide Web sites, and Local Area Networks and Intranets through a wireless modem. This system brings leading edge technology to our community including businesses, households, schools and medical facilities. In addition, it provides non -emergency communications for dispatch vehicles, i.e, police, fire, building inspectors, appraisers, parks and recreation, etc. It provides wireless access to city, corporate and university Local Access. Networks, on-line community services, Internet and other on-line services. The Ricochet service is provided by the installation of packet radio repeaters, which are shoebox size and are mounted on streetlights, utility poletops or rooftops: Installation is planned for June 1998 with each radio taking a two -person crew about ten minutes to install. Only one out of every 60 poles will be installed with a radio and most of these radios will be installed off the Continued To:Agenda Item Page 2 main city streets. A photograph of these radios can be found in Attachment "C". Ultimately, Metricom's Wireless Internet Communication system will connect all of California. Metricom's Ricochet wireless technology has been implemented by many California Cities such as Agoura Hills, Anaheim, Burbank, Calabasas, and San Fernando. Please see Attachment "D" for a complete listing of cities that have implemented this system. Staff is proposing a non-exclusive franchise agreement that allows Metricom to mount these low frequency radio transmitters within the City of Santa Clarita to provide this wireless access service. The non-exclusive franchise agreement contains the following key terms: 1. The term of this permit shall be five years after the effective date and shall be automatically renewed for two successive terms of five years each. 2. Metricom has agreed to pay a monthly franchise fee to the City. Under the proposed Franchise Agreement, the City would receive 5% of Metricom's gross revenues generated within the City. 3. Repair or damage: Metricom will repair to the City's satisfaction, any damage to City property or facilities. 4. Since this is a "non-exclusive" franchise agreement, the City of Santa Clarita would be free to enter into any other franchise agreements for similar operations with non-exclusive rights. ALTERNATIVE ACTIONS Other action as determined by Council. FISCAL IMPACT: There is no monetary cost to the City as this is a revenue -generating program that provides expanding wireless opportunities to the citizens of Santa Clarita. Under the proposed Metricom Franchise Agreement, the City would receive 5% of Metricom's gross revenues generated within the City. The 5%- franchise is - expected to generate approximately $15,000 to $25,000 in revenues. ATTACHMENTS Ordinance #98-2 entitled "Wireless Internet Communication System" Attachment Permit Agreement (Franchise Agreement) Photo of poletop radio California Right of Way Approvals Marketing Brochure (Metricom) SATECHMSCOUNCILMIREIDOC CITY OF SANTA CLARITA NOTICE OF PUBLIC HEARING REGARDING WIRELESS INTERNET COMMUNICATION SYSTEM WITHIN THE CITY OF SANTA CLARITA. THE APPLICANT IS METRICOM, INC. PUBLIC NOTICE IS HEREBY GIVEN - Notice of Public Hearing is hereby given regarding a Wireless Internet Communication System within the City of Santa Clarita. The applicant is Metricom, Inc. Metricom, Inc. Has filed an application with the City of Santa Clarita to provide wireless data service in Santa Clarita via a system called Ricochet. This service would enable computer users to send and receive e-mail and faxes, access the Internet and World Wide Web sites, and Local Area Networks and Intranets all through wireless modems. To provide this service, staff is proposing a non-exclusive franchise agreement that allows Metricom to mount low frequency radio transmitters on the street light poles within the City of Santa Clarita. Under the proposed Franchise Agreement, the City would receive 5% of Metricom's gross revenues generated within the City. The hearing will be held by the City Council in the City Hall Council Chambers, 23920 Valencia Blvd., 1st Floor, Santa Clarita, California, the 10th day of February, 1998, at or after 6:30 p.m. Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the City Clerk's office, Santa Clarita City Hall, 23920 Valencia Blvd., 3rd Floor, Santa Clarita, California. Dated: January 28, 1998 Sharon L. Dawson, CMC City Clerk Publish Date: January 31, 1998 ORDINANCE NO. 98-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, GRANTING TO METRICOM, INC. A NONEXCLUSIVE FRANCHISE TO ATTACH, INSTALL, OPERATE,AND MAINTAIN A WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK IN, ON, OVER, UPON, ALONG, AND ACROSS THE PUBLIC RIGHT OF WAY IN THE CITY OF SANTA CLARITA, CALIFORNIA, AND PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS, AND CONDITIONS IN RESPECT THERETO The City Council of the City of Santa Clarita ("City") does ordain as follows: SECTION RECITALS. The City Council finds, determines and declares as follows: The California Constitution Article 11, § 9, and Article 12, § 8, provides that local governments may by ordinance grant franchises for communication equipment to be placed within the public right-of-way; Metricom, Inc. ("Metricom"), applied to the City for a nonexclusive franchise for the attachment, installation, operation, and maintenance of a wireless digital communications radio network in, on, upon, along, and across certain public right-of- way and easements within the City in accordance with the Municipal Code of the City of Santa Clarita; The proposed service allows computer users to obtain wireless access to communications networks such as the Internet and other local area and wide area networks; The proposed digital radio communications network is comprised of a limited number of small radio transmitters to be installed on existing structures intermittently throughout the City; Establishing franchise regulations for the placement of Metricom's wireless digital communications radio network within the public right-of-way of the City will benefits the public by providing a new type of communication network that is needed by residents and businesses, and by generating revenue for the City to defray costs required to maintain the existing right-of-way; F. The City does not anticipate a proliferation of such networks or devices in the public right-of-way, and Metricom's Ricochet Service is not presently the functional equivalent of any other wireless service; G. It is desirable for the welfare of the City that such a nonexclusive radio network franchise be issued to Metricom, Inc., by enactment of an ordinance; and H. The City and Metricom negotiated the terms of a franchise, which are set forth in that certain "Attachment and Permit Agreement" on file with the City Clerk and incorporated herein by this reference. (This agreement is hereinafter referred to as the "Franchise Agreement.") SECTION 2. FRANCHISE GRANT. The provisions of the Franchise Agreement between the City of Santa Clarita and Metricom, Inc. is hereby enacted as the above -referenced ordinance. This Franchise shall not become effective until written acceptance thereof is filed by Metricom with the City Clerk. By accepting this Franchise, Metricom covenants and agrees to perform and be bound by each and all of the terms and conditions imposed by the City's Municipal Code and this Franchise. Such acceptance by Metricom must occur within ninety (90) days of the enactment of this Franchise by ordinance or else the Franchise is void. SECTION 3. CONDITIONS. Metricom shall reimburse the City of the City's reasonable administrative expenses, including legal fees incurred in order to process Metricom's application. Metricom shall not at any time contest any term or condition of the Franchise Agreement. Metricom shall comply with any changes to the City's Municipal Code as they occur; provided, however, that such changes shall not materially alter Metricom's rights and obligations under the Franchise. SECTION 4. ACCEPTANCE. The granting of the franchise by this ordinance is conditioned upon written acceptance by Metricom of the terms and conditions of this Ordinance, and the Franchise shall be void unless such acceptance occurs within ninety (90) days of the enactment of this Ordinance. r •X2:176499.4 -2- SECTION 5 The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner required by law. APPROVED AND ADOPTED this day of MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 9898=2 was duly adopted and passed at a regular meeting of the City Council on the _ day of 1998, by the following roll -call vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: CITY CLERK S: %TECHSVCS\COHNCIL\ORD-h=.DOC SANTA CLARITA ATTACHMENT PERMIT AGREEMENT THIS ATTACHMENT PERMIT AGREEMENT (the "Permit") is dated as of , and entered into by and between the CITY OF SANTA CLARITA, a California corporation (the "City'), and METRICOM, INC., a Delaware corporation ("Metricom"). RECITALS A. Under California law the City has the right and power to regulate the time, location, and manner of attachment, installation, operation, and maintenance of wireless digital communications radios in the Public Right of Way. within the limits of the City. B. Metricom wishes to attach, install, operate, and maintain a wireless digital communications radio network on facilities located in the Public Right of Way for purposes of operating its RicochetTM wireless digital communications radio network (the "Network'). AGREEMENT Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this agreement: 1.1 - Agency. "Agency" means any governmental or quasi -governmental agency other than the City, including the FCC and the PUC (as such terms are defined in §§ 1.4 and 1.9 below). 1.2 City. "City" means the City of Santa Clarita. 1.3 Effective Date. "Effective Date"- means the latest to occur of (a) the date on which this Permit, as finally approved by the City Council of Santa Clarita; is executed by the City and delivered to Metricom; (b) the date on which all permits required hereunder for deployment of the Radios is issued by the City; or (c) the date on which Metricom hangs its first Radio as provided below. 1.4 FCC. "FCC" means the Federal Communications Commission. Telecommunicatfom Attachment Permit Agreement . City of Santa Clarita :: Metricom, Inc. Me I of l! scfari8.doc(1lbwsl0apa97J 1.5 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax (but excluding any utility users' tax or franchise fees), or levy of general application to Persons doing business in the City lawfully imposed by any governmental body. 1.6 Gross Revenues. "Gross Revenues" means the gross dollar amount accrued on Metricom's books for Services provided to its customers with billing addresses in the City, excluding (i) the Franchise Fee, if any, payable pursuant to § 4 et seq. below; (ii) local, state, or federal taxes collected by Metricom that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers with billing addresses in the City that was previously included in reported Gross Revenues (i.e., bad debts). 1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Permit, in effect either at the time of execution of this Permit or at any time during the presence of Radios in the Public Right of Way. 1.8 Metricom. "Metricom" means Metricom, Inc., a corporation duly organized and existing under the laws of the State of -Delaware, and its lawful successors, assigns, and transferees. 1.9 PUC. "PUC" means the California Public Utilities Commission. 1.10 Permit. "Permit" means this nonexclusive Attachment Permit Agreement and may also refer to the associated right to encroach upon the Public Right of Way conferred hereunder. 1.11 Person. "Person" means an individual, a corporation, a limited liability company, a general or limited partnership,'a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. 1.12 Provision. "Provision" means any agreement, clause, condition, covenant, . qualification, restriction, reservation, term, or other stipulation in this Permit that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Permit. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. 1.13 Public Right of Way. "Public Right of Way" means in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements as the same now or may hereafter exist that are under the jurisdiction of the City. This tern shall not include any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency. TelerommWcadow Attachment Permit Agreement City of Santa Clarita :: Metricom, Inc. - page 2 oft! . sclariJ3. d oc j! (b ws / Oapa 97J 1.14 Radio Month. "Radio Month" means a calendar month during which a Radio occupies space on a City -owned pole or other City -owned property, even if such occupancy is less than the entire month. 1.15 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder and more particularly described in Exhibit A attached hereto. 1.16 RicocheF^+ "RicochetTM" or "RicochetTM MCDN" means RicochetTm MicroCellular Digital Network, a wireless, microcellular digital radio communications network owned and operated by Metricom. 1.17 Services. "Services" means the wireless digital communications services provided through Ricochet by Metricom to -subscribers with billing addresses within the City. 2 TERM. The term of this Permit shall commence on the Effective Date and shall expire on the date which completes five (5) years after the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Permit shall be renewed automatically for two (2) successive terms of five (5) years each on the same terms and conditions as set forth herein,'except that the Annual Fee shall be subject. to adjustment as provided in § 4.2.5 below, unless either Metricom or the City notifies the other party of its intention not to renew not less than thirty (30) calendar days prior to commencement of the relevant renewal term. 3 SCOPE OF PERMIT. Any and all rights granted to Metricom under this Permit, which shall be exercised at Metricom's sole cost and expense, shall be subject to (1) the terms of this Permit; (2) the prior and continuing right of the City under applicable Laws to use any and all parts of the Public Right of Way exclusively or concurrently with any other Person or Persons; and (3) all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title which may affect the Public Right of Way. Nothing in this Permit shall be deemed to grant, convey, create, or vest a perpetual real property interest in land in Metricom, including without limitation a fee, leasehold interest, or easement. 3.1 Attachment to City -Owned Property. The City hereby authorizes Metricom to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on City -owned street light poles, lighting fixtures, electroliers, or other City -owned property located within the Public Right of Way for the purposes of providing Services to Persons located within or without the limits of the City. The exception to this installation would be historical areas or decorative light poles. 3.2 Attachment to Third -Party Property. Subject to obtaining the permission of the owners) of the affected property, the City hereby authorizes and permits Metricom to attach, install; operate, maintain, remove, .reattach, reinstall, relocate, and replace such number of Radios in or on poles or other structures owned by public utility companies, including SCE, or other property owners located within the Public Right of Way as may be permitted by the public utility company or property owner, as the case may be. Telecommunications Attachment Permit Agreement City ofSania Clarita:: Metricom, Inc. page 3 of 14 scl arit3. d oc(I l b ws f Oapa 97J ,l Metricom shall furnish to the City written documentation of such permission from the individual utility or property owner prior to any attachment, installation, operation, removal, reinstallation, relocation, or replacement of Radios on such property. The exception to this installation would be historical areas or decorative light poles. 3.3 No Interference. Except as' permitted by applicable Laws or this Permit . Metricom in the performance and exercise of its rights and obligations under this Permit shall not interfere in any manner with the existence and operation of any and all public and private right-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the express written approval of the City and any and all other owner or owners of the affected property or properties. 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Permit. 3.4.1 Construction Permits. Any and all construction work performed pursuant to the rights granted under this Permit, including the installation, operation, maintenance, location; and attachment of the Radios in the Public Right of Way, shall, if required under applicable City ordinances, be subject to the prior review and approval of the City by means of submission of a permit application, payment of any and all applicable permitting fees, and the City's ordinary administrative review. Metricom agrees to apply for and obtain all appropriate permits required by applicable Law prior to the commencement of any work of construction in the Public Right of Way. The locations of Metricom's planned initial installation of Radios shall be as provided in Exhibit B attached to this Permit, which is incorporated herein by this reference. After the initial deployment of the Radios; new attachments, removals, and relocations of Radios shall also be subject to the City's permitting process. If the installed location of any Radio is different from the location stated in a permit, then the installed location shall be disclosed in writing to the City by Metricom within ten (10) days after.its installation, removal; or relocation. The City may notify Metricom within ten (10) days of any such disclosure that the installed location is not acceptable. 3.4.2 As -Built Drawings. Upon the completion of construction work, Metricom shall promptly furnish to the City, in hard copy and in a mutually agreeable electronic format, suitable documentation showing the exact location of the installed Radios in the Public Right of Way. 3.5 Modification of Service -Voltage. The City reserves the right to modify the service .voltage delivered to or at any street light pole or utility pole on which a Radio may be. located. Metricom shall replace or modify any Radio that will be affected by such voltage modifications within thirty (30) days of receiving notice of an intended or actual voltage modification. In the event that Metricom fails to replace or modify any Radio within thirty (30) days after such notice is given, then the City may immediately Telecommunications Attachment Permit Agreement ChY of Santa Clarita:., Melricom, Inc. page 4 of 14 sclor7t3.dac(II bwsl0opo97] disconnect such Radio or, at the City's discretion, require that Metricom immediately disconnect such Radio. Any such Radio shall remain disconnected until Metricom performs and completes the work required to compensate or account for such voltage modification and advises the City accordingly. 4 FEES AND TAXES. Metricom shall be solely responsible for the payment of all lawful Fees and utility charges in connection with the exercise of Metricom's rights under this Permit, including those set forth below. 4.1 Franchise Fee. Metricom shall pay to the City, on an annual basis, an amount (the "Franchise Fee") equal to five percent (5%) of Metricom's Gross Revenues collected during each preceding calendar year, which amount shall be collected from subscribers of the Services and remitted to the City as provided herein. The Franchise Fee shall be due on or before the forty-fifth (45a) day after the end of each calendar. year or fraction thereof. Within forty-five (45) days after the termination of this Permit, the Franchise Fee shall be paid for the period which has elapsed since the end of the last calendar year for which the Franchise Fee has been paid. Metricom shall furnish to the City with each payment of the Franchise Fee a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Gross Revenues for the period covered by the payment. If Metricom discovers that it has failed to pay the entire or correct amount of the Franchise Fee, Metricom shall pay the difference to the City or make such other adjustment within fifteen (15) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be offset against the next payment due from Metricom. Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Permit occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or collecting any balance due to the City. 4.13 Accounting and Audit. Metricom shall keep accurate books.of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1. The City may inspect Metricom's books of account at any time during regular business hours on five (5) days' prior written notice and may audit the books from time to time, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1 The City shall bear the cost of any such audit, unless such audit reveals an underpayment to the City of more than five percent (5%) of the Franchise Fee which was due to the City for such calendar year. Once each calendar year the City may require an annual report from Metricom relating to its operations and revenues within the City. The City agrees to hold in confidence any nonpublic information it learns from Metricom in accordance with applicable law. 4.2 Annual Fee. Metricom shall pay to the City an annual fee.(the "Annual Fee") in the amount of Sixty Dollars ($60.00) for the use of each City -owned pole or other structure or piece of City -owned property upon which a Radio is installed pursuant to this Telecommuntcatiow Attachment Permit Agreement Ciry of Santa Clarita:: Afetrtcom. Inc. page 5 of 14 sclarit3.doc[!lbwslOapa97J Permit. An initial payment of the aggregate Annual Fee for all City -owned poles or other City -owned property shall be due and payable not later than the date of installation of the first Radio on City -owned poles or other City -owned property under this Permit (the "Installation Date"). The amount of the initial aggregate Annual Fee shall be equal to the number of Radios Metricom estimates that it will install on City -owned poles or other City -owned property during the succeeding twelve (12) months (as stated in Exhibit B), multiplied by the Annual Fee. The aggregate Annual Fee for subsequent years shall be due and payable not later than thirty (30) days following each anniversary of the Installation Date in. an amount equal to the total number of Radios then installed on City -owned poles or other City -owned property pursuant to this Permit, multiplied by the Annual Fee. 1.1.4 Preference for City -Owned Property. In any situation where Metricom has a choice of attaching its Radios to either City -owned property or third -party -owned property in the Public Right of Way, Metricom agrees to attach to City -owned poles or other City -owned property, provided that such City -owned poles or other City -owned property are functionally suitable for the operation of Metricom's RicochetTM system. 4.25 CPI Adjustment. At the commencement of each renewal term, the Annual Fee with respect to such term shall be adjusted by an amount equal to the percentage change in the Consumer Price Index, All Items, All Consumers (Base= 1982-1984) as published by the Bureau of Labor Statistics of the U.S. Department of Labor which occurred during the previous term or renewal term, as the - case may be, for the Los.Angeles-Anaheim-Riverside Consolidated Metropolitan Statistical Area. Such adjustment shall be made effective on January 151 of the first year of such renewal term. 4.3 City' Access Program Subscription Rate. In consideration of City's execution and delivery of this Permit, City shall have the right throughout the term of this Permit to purchase a number of subscriptions based upon the City's population, up to the maximum number set forth below, to RicochetTM Basic Service Subscriptions when such service is commercially available in the City at the rate of fifty percent (50%) of the regular Basic Service Subscription rate as current from time to time. The number of subscriptions which the City may purchase at the City Access Program rate shall be determined in accordance with the City's official population; as shown on the latest available census data, as follows: (a) for cities with a population of less than 100,000, up to a maximum of twenty (20) discount subscriptions; (b) for cities with a population of 100,000 to 249,000, up to a maximum of thirty (30) discount subscriptions; (c) for cities with a population of 250,000 to 500,000, up to a maximum of forty (40) discount subscriptions; and (d) for cities with a population of over 500,000, up to a maximum of fifty (50) discount subscriptions. City understands and agrees that Metricom's modems and equipment required to utilize the discounted subscriptions and any additional service subscriptions or service options the City may desire are expressly excluded from this special City Access Program rate and may be obtained from either Metricom or an authorized retailer at market rates current from. time to time or under other promotional programs which may Telernmmuniwtiona Attachment Permit Agreement City of Santa Clarita: r Metricom. Ina page 6 of 14 sc1ari13.dac[Il hws! Uapa97J be available from time to time in addition to the City Access Program rate. City shall use all subscriptions provided pursuant to this § 4.3 solely for its own use and shall not be entitled to resell, distribute, or otherwise permit the use of the same by any other party. 4.4 Reimbursement of City's Expenses. Metricom shall reimburse the City at the City's standard rates for all reasonable expenses relating to the preparation, issuance, and implementation of this Permit, promptly upon receipt of bills, paid invoices, and such other documentation as Metricom shall reasonably require. The reimbursement provided for in this § 4.3 shall not replace or excuse Metricom from the payment of any applicable City permit fee for work undertaken in connection with this Permit, including any applicable permit fees, franchise fees, or other fees that may be required. 4.5 Potential Utility Users' Tax. Metricom acknowledges and agrees that the City may require users of revenue-producing services such as the Services to pay a utility users' tax ("Utility Tax") to the City pursuant to the City's Municipal Code. If the City determines that the Services are subject to the Utility Tax, Metricom agrees to collect the tax from Service users and remit such tax to the City in accordance with the City's Municipal Code. 4.6 Annual Business License. Metricom agrees to obtain an annual City business license prior to the Effective Date and maintain the same throughout the term of this Permit; and in addition to any other fees required by be paid by Metricom under this Permit, Metricom agrees to pay any and all license fees which may be imposed by the City in connection with obtaining such business license. 4.7 Possessory Interest. Metricom acknowledges that notice is hereby given to Metricom pursuant to California Revenue and Taxation Code § 107.6 that use or occupancy of any public property pursuant to the authorization herein set forth may create a possessory interest which may be subject to the payment of property taxes levied on such interest. Metricom shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against Metricom's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this Permit. 4.8 Most -Favored Nation Clause. Should Metricom after the parties' execution and delivery of this Permit enter into an attachment permit agreement with another municipality of the same size or smaller than the City in the Los Angeles Geographical Statistical Area which agreement contains financial benefits for such municipality which are substantially superior to those in this Permit, the City shall have the right to require that Metricom modify this Permit to incorporate the same or substantially similar superior benefits. Metricom further agrees to provide the City with any technical improvements (including new or different classes or types of service) made by Metricom to its Radios on City -owned property within ninety (90) days of the introduction of such technical improvements in the Los Angeles GSA. 5 REMOVAL AND RELOCATION OF RADIOS. Metricom understands and acknowledges that the City may require Metricom to relocate one or more of its Radios, and Metricom shall at the Telecommunications Attachment Permit Agreement City of Santa Clartta:: Metricom. Inc. page 7 of 14 sclarit3.dac(ll bwll0apa97J City's direction relocate any and all such Radios at Metricom's sole cost and expense, whenever the City reasonably determines that the relocation is needed for any of the following purposes: (a) to facilitate or accommodate the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City light poles, traffic signals, or other City facilities; or (c) to protect or preserve the public health, safety, or welfare. If Metricom shall fail to relocate any Radios as requested by the City in accordance with the foregoing provision, the City shall be entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metricom. 5.1 Metricom Desires Relocation. In the event that Metricom desires to relocate any Radios from one City -owned pole or other property to, another City -owned pole or other property, Metricom shall so advise the City in writing. The City will use its best efforts to accommodate Metricom by making another functionally equivalent City -owned pole or other property available for use in accordance with and subject to the terms and conditions of this Permit. 5.2 Discontinuation of Service. Metricom shall promptly notify the City of its intent to discontinue use of any Radio subject to this Permit. In the event that any Radio subject to this Permit is not in service for a period -of six (6) months or more, then such Radio shall be deemed abandoned, and the City, at its option, may require Metricom promptly remove the abandoned Radio(s) at Metricom's sole cost. and expense or, in the alternative, dedicate such Radio(s) to the City. The City shall provide Metricom fifteen (15) days' prior written notice of any election by the City to exercise its option to require removal or dedication of the abandoned Radios. If Metricom fails to remove .any such Radio within said fifteen -day period, then the City shall be entitled to remove the Radio at Metricom's sole cost and expense. Metricom shall execute such documents of title as will convey all right, title, and interest in the abandoned Radios, but in no other. Metricom property, intellectual or otherwise, to the City or other person designated by the City upon the City's request. 5.3 Damage to Right -of -Way. Whenever the removal or relocation of Radios is required under this Permit, and such removal or relocation shall cause the Public Right of Way to be damaged, Metricom, at its sole cost and expense, shall promptly repair and return the Public Right of Way in which the Radios are located to a safe and satisfactory condition in accordance with applicable Laws, normal wear and tear excepted.. If Metricom does not repair the site as just described, then the City may, at its sole discretion, perform or cause to be performed such work on behalf of Metricom as is reasonably necessary to effect all repairs and charge Metricom for the estimated costs to be incurred or the actual costs incurred by the City in connection therewith. Metricom shall pay any such costs promptly after receipt of a written demand therefor accompanied by paid invoices, receipts, and such other documentation as Metricom shall reasonably require. 6 INDEMNIFICATION, WAIVER, AND BOND. Metricom agrees to indemnify, defend (with counsel reasonably acceptable to the City and Metricom's insurance carrier), protect, and hold harmless the City, its council members, officers, and employees from and against any and all Telecommmicattonr Almchmenl Permil Agreement City of Santa Clarita :: Metricom, Inc. Page 8 of 14 sclartt3.doc[ll bwrl0apa97J claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgements, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") arising, directly or indirectly, in whole or in part, out of the activities or facilities described in this Permit, except to the extent arising from or caused by the negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. 6.1 Waiver of Breach. The waiver by the City of any breach or violation of any Provision of this Permit by Metricom shall not be deemed to.be a waiver or a continuing waiver by the City of any subsequent breach or violation of the same, or any other Provision of this Permit by Metricom. 6.2 Waiver of Claims. Metricom waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any loss, damage, or injury to any Radio or on account of any loss or degradation of the Services as a result of a sudden or gradual loss or change of electrical power caused by, among others, an Act of God, an event or occurrence which is beyond the reasonable control of the City,.a power outage, a lightning strike, or occasioned by the installation, maintenance; replacement or relocation of any City -owned facility to which such Radio is attached. 63 Limitation of City's Liability. The City shall only be liable for the reasonable cost of repair to damaged Radios arising from the negligence or willful misconduct of the City or its employees or agents. The City shall not be responsible for any damages, losses, or liability of any kind occurring by reason of anything done or omitted to be done by any third party, including without limitation any and all damages, losses, or liability arising from the issuance or approval by. the City of a permit to any third party, or any interruption in Services. 6.4 Bond or Other Security. Prior to the commencement of any work under this Permit, Metricom shall furnish or cause to be furnished to the City a good and sufficient bond, substantially in the form attached hereto as Exhibit C entitled Surety Bond, in the amount of Two Thousand Five Hundred Dollars ($2,500), or such other comparable security instrument as may be approved by the City's attorney or risk manager prior to the execution of this Permit, securing the faithful performance by Metricom of all of the work, construction, installation, and removals required to be performed by Metricom under this Permit within the time periods set forth hereunder. 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Permit (including the period between the expiration hereof and Metricom's removal of its Radios or other equipment from the Public Right of Way) commercial general liability insurance and commercial automobile liability insurance protecting Metricom in an amount of not less than One Million Dollars ($1,000,000)- per occurrence (combined single limit), including bodily injury and property damage, and in an amount of not less than One Million Dollars ($1,000,000) annual aggregate for each personal injury liability and products -completed operations. Such insurance shall name the City, its council members, officers, and -employees as additional insureds as respects any liability arising out of Metricom's performance of work under this Telecommunications Attachment Permit Agreement City gfSama Clarita:: Metricom, Inc. page 9 of 14 sclarlt3dac(Il bwsl0apa97J Permit. Coverage shall be provided in accordance with the limits specified and the Provisions indicated- herein. Claims -made policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall be provided in following form. Such insurance shall notbe canceled or materially altered to reduce coverage until the City has received at least thirty (30) days' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. 7.1 Required Certificates of Insurance. Prior to the commencement of any work pursuant to this Permit, Metricom shall file the required original certificate(s) of insurance with endorsements with the City, subject to the City's prior approval, which shall clearly state all of the following: (a) Policy number, name of insurance company; name and address of the agent or authorized representative; name, address, and telephone number of insured; project name and address; policy expiration date; and specific coverage amounts; (b) A provision stating that thirty (30) days' prior notice of cancellation is required to the City; and (c) A provision stating that Metricom's insurance is primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. The certificate(s) of insurance with endorsements and notices, shall be mailed to the City at the address specified in § 8 below: 7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term of this Permit statutory workers' compensation and employer's liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and authorized to do business in California and shall be rated at least A:X in A.M. Best & Company's Insurance Guide. Insurance certificates issued by non -admitted insurance companies are not acceptable. 7.4 Severability of Interest. Prior to the execution of this Permit, any deductibles or self-insured retentions must be stated on the certificate(s) of insurance, which shall be sent to and approved by the City. "Cross liability," "severability of interest," or "separation of insureds" clauses shall be made a part of the commercial general liability and commercial automobile liability policies. 7.5 Contractors' and Subcontractors' Insurance. Metricom shall require that all contractors and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies of all certificates evidencing such policies of insurance. Telecommunications Atlachmeni Permit Agreement City of Santa Clan ta:. Metricom. Inc. page 10 of 14 sdaritidoc[! 16 wslOnpa97J 7.6 Insurance and Indemnification Obligation. Metricom's compliance with the insurance requirements herein shall not excuse, replace, or otherwise affect Metricom's duty to indemnify and defend the City pursuant to the requirements of this Permit. 8 NOTICES. All notices which shall or may be given pursuant to this Permit shall be in writing and delivered personally- or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile transmission, if a hard copy of the same is followed by delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: if to the City: CITY OF SANTA CLARITA Attn: Jesse Juarros, Technology Services Manager 23920 Valencia Street, Suite 300 Santa Clarita, CA 91355 if to Metricom: METRICOM, INC. Attn: Property Manager 980 University Avenue Los Gatos, CA 95030 Notices shall be deemed given upon receipt if effected by personal delivery, three (3) days after deposit in the mail if effected by mail, or the next day if effected by overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other, party delivered in the manner set forth above. 9 TERMINATION. In the event of a breach of any material covenant or term hereof, then the non -breaching party may demand in writing that the breach be cured within a. stated, reasonable time thereafter. If such breach is not cured within the stated period, then this Permit may be immediately terminated by the party not in breach by providing the other party written notice of termination. The parties hereto agree that ten (10) days is a reasonable period of time within which to cur; any breach of monetary obligation. As used in this § 9, the term material breach shall include, but not be limited to, Metricom's failure (i) to comply with the restrictions established in § 3, (ii) timely to pay any sums owing to the City under § 4, and (iii) to maintain, deploy, relocate, or remove its Radios as provided in § 5 hereof. 10 ASSIGNMENT. This. Permit shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Any attempted assignment in violation of this § 10 shall be void. Notwithstanding the foregoing, the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, or financially viable affiliate of Metricom or to any successor -in -interest or entity acquiring all or substantially all of Metricom's outstanding voting stock or assets shall not be deemed an assignment or transfer for the purposes of this Permit, provided that (i) any such transferee will have a financial strength after the proposed transfer at least equal to that of Metricom prior to the transfer, (ii) any such transferee assumes all the obligations of Metricom hereunder, and Tekcomm icatio=Altachment PermilAgreement City of Santa Clarlta:: Metricom. 1w.. page 11 of 14 acJari73.dac[I l bwslOapa97J (iii) Metricom shall not be released from the obligations of this Permit by virtue of such transfer. If such criteria are satisfied, it shall not be deemed reasonable for the City to withhold its consent to the proposed transfer, unless the proposed transferee has a record of performance under similar agreements which is unacceptable to the City under a reasonable standard of evaluation.. Lack of prior specific experience in administering a system providing the Services described in this Permit shall not, by itself, be deemed a reasonable basis for refusing or conditioning the City's consent; provided that the proposed transferee shall reasonably demonstrate the technical and managerial ability to administer the system. Metricom shall give to the City thirty (30) days' prior written notice of any proposed transfer. In the case of any proposed transfer for which the City's consent is required hereunder, Metricom agrees to reimburse the City for its reasonable expenses incurred in reviewing such transfer proposal. 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Permit. 11.1 Nonexclusive Use. The City understands that Metricom will be operating in one or more bands of the radio spectrum for which no license from the FCC is required. Metricom understands that this Permit does not provide Metricom with exclusive use of any City -owned poles or property and that the City shall have the right to permit other providers of telecommunications services to install equipment or devices in the Public Right of Way; however, the City agrees, if requested by Metricom, promptly to inform Metricom of the receipt of a proposal for the installation of communications equipment or devices in the Public Right of Way, regardless of whether a license is required by the FCC for the operation thereof. In addition, the City agrees to advise such other providers of telecommunications services of the presence or planned deployment of the Radios in the Public Right of Way. 11.2 Amendment of Permit. Subject to § 11.9 hereof, this Permit may not be amended except pursuant to a written instrument signed by both parties. 11.3 Severability of Provisions. If any one or more of the Provisions of this Permit shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Permit and shall in no way affect the validity of the remaining portions of this Permit. 11.4 All -Hours Contact. Metricom shall be available to the -staff employees of any City department having jurisdiction over Metricom's activities twenty-four. (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios. The City may contact by telephone the network control center operator at telephone number (800) 556-6123 regarding such problems or complaints. 11.5 Governing Law; Jurisdiction. This Permit shall be governed and construed by and in accordance with the laws of the State of California. In the event that suit is brought by a party to this Permit, the parties agree that trial of such action shall be vested Tekmanicationa Attachment PermitAgreement City ojSanla Clarita :: Metricom, Inc. page 12 of 14 sclar!l3.doc(11 bwa10apa97f exclusively in the state courts of California, County of Los Angeles, or in the United States District Court, Central District of California in the County of Los Angeles. 11.6 . Attorneys' Fees. Should any dispute arising out of this Permit lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorneys' fees. 11.7 Exhibits. All exhibits referred to in this Permit and any addenda, attachments, and schedules which may from time to time be referred to in any duly executed amendment to this Permit are by such reference incorporated in this Permit and shall be deemed a part of this Permit. 11.8 Successors and Assigns. This Permit is binding upon the successors and assigns of the parties hereto. 11.9 Rules, Regulations, and Specifications. Metricom acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulation governing wireless telecommunications in the City (the "Regulations"), for the attachment, installation, and removal of Radios and any similar purpose devices on City -owned facilities, including poles, and that such Regulations, when finalized, shall govern Metricom's activities, hereunder as if they had been in effect at the time this Permit was executed by the City; provided, however, that in no event shall such Regulations materially interfere with or affect Metricom's right to install Radios or Metricom's ability to transmit or receive radio signals from Radios installed pursuant to and in accordance with this Permit or materially increase Metricom's obligations hereunder. 11.10 Advice of Displacement. To the extent theCityManager or departmental head has actual knowledge thereof, the City will attempt to inform Metricom of the displacement of any pole on which any Radio is located. 11.11 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Permit, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.12 Entire Agreement. This Permit contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Permit which are not fully expressed herein. Telemn unirnliow Aawhment Permit Agreement City ofSanla Clarila:: Metrirom, Inc. page I3 of 14 sclmit3.doc(! /bwslOapa97J IN WITNESS WHEREOF the parties have executed this Permit as of the date first above written. City. CITY OF SANTA CLARITA, a California municipal corporation By: George A. Caravalho, City Manager Date ATTEST: City Clerk Date APPROVED AS TO FORM: Carl Newton, City Attorney Date Metricom: METRICOM, INC., a Delaware corporation By: [named typed] Its: ' Teleoomtnanicalions Attachment Permil Agreement City gfSanta Clarita:: Alevicom. Inc. page 14 of 14 sclarill doc[ll bwslOapa97] 01/26/98 WED 11:59 FAX 562 988 7790 KETRICON INC 0002 EXHIBIT A DESCRIPTION OF RADIOS General Operating Frequency Range 902 - 928 MHz Spreading Technique Frequency Hopping Hopping Technique Pseudo Random, Asynchronous Number of Channels 162 Channel Spacing 160 kHz RF Data Rate 100 kbps Transmitter R.F. Output Power +30dBm (1 Watt) Maximum Omni Antenna Gain +3 dBi Baseband.Modulation Gaussian two-level FSK Field Strength at 10 Ft 5 Vim Power Density at 50 Ft .000036 mW I square cm Environmental Operating temperature Range -40 to + 60 C Storage Temperature range -60 to + 80 C Operating Vibration 105 ma Average 5 to 7.5 Hz .5 in. Double Amplitude 7.5 to 500 Hz 1.5g Operating Shock 40 g ,11 ms ,Half Sine Humidity 90% RH Non Condensing @ 60 C Saft Spray Per ASTM 8117-85, for 5 days Transportation Vibration In Shipping Container per Weight ASTM D999-75 Rain Tightness 4"1Hr rainfall @ 70 MPH Per Mil Std 810E, Method 506.1-1 Power and Power Line Susceptibility Input Voltage 120 - 230 VAC nominal Input Current (Receive 100%, Typ) 55 ma Average Input Current (Transmitter On 100%, Typ) 105 ma Average Power Consumption (Receive 100%, Typ) 6.6 VA Average Power Consumption (Transmitter On 100°/x, Typ) 12.6 VA Average Power Consumption (Network Operation 2.5%, Typ) 6.7 VA Average Surge 6kV @ 500A and 6kV @ 1.2150 us Mechanical Enclosure Die Cast Aluminum Weight 5.65 Lb. Size 11.82"W x 9.30"D x 6.57"H FCC Certification General Certification FCC Part 15 01/28/98 WED 12:00 FAX 562 988 7790 METRICOM INC EXHIBIT A DESCRIPTION OF RADIOS All 0 1 00 I at I a I Wkis Al d) [EXHIBIT C] [SURETY BOND] Bond Number: SURETY BOND KNOW ALL MEN BY THESE PRESENTS: That METRICOM, INC. as Principal, and , incorporated under the laws of the State of , and authorized to execute bonds and undertakings as sole surety, are held and firmly bound unto as Obligee, in the sum of ($ ); for the payment thereof, well truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally, firmly by these present. The condition of the foregoing obligation is such that: WHEREAS, the above bounden Principal is about to enter into a certain agreement with the Obligee for the following: the award of which said agreement was made to the Principal by the Obligee, on NOW -THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and provisions of said agreement during the original term thereof, and any extensions thereof which may be granted by the Obligee, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such agreement, and shall fully in and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Obligee all outlay and expenses which the Obligee may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond,. and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. PROVIDED, HOWEVER, this bond issued subject to the following express conditions: I. This bond shall be deemed continuous in form and shall remain in full force and effect until canceled under Section , after which all liability ceases except as to any liability incurred or accrued prior to the date of such cancellation. 2. The aggregate liability of the Surety hereunder on all claims whatsoever shall not exceed the penal sum of this bond in any event. 3. The surety reserves the right to withdraw as surety from this bond except as to any liability incurred or accrued, and may do so upon giving the Obligee sixty (60) days written notice. SIGNED AND SEALED this day of , 19—., PRINCIPAL SURETY By: Title: By: (Type Company Name) By: Title: Address: Telephone: (Affix Corporate Seals) (Attach Acknowledgments of both Principal and Surety signatures) j, :. 4 f,;Olk" S - Fr v Metdcom ` CALIFORNIA RIGHT OF WAY APPROVALS October 1997 SO. CALIFORNIA Agoura Hills Cudahy Laguna Niguel Pomona Anaheim Cypress La Habra Heights Rancho Palos Verdes Arcadia Diamond Bar Lakewood Rolling Hills Artesia Downey La Mirada Rosemead Azusa Duarte La Palma San Dimas Baldwin Park EI Monte La Puente San Fernando Bell Garden Grove La Verne San Gabriel Bellflower Gardena Lomita San Marino Beverly Hills . Glendora Long Beach. Santa Ana Buena Park Hawthorne Los Alamitos Santa Fe Springs Burbank Hermosa Beach Los Angeles —_BSL Seal Beach Calabasas Huntington Park Los Angeles — DWP South EI Monte Carson Inglewood Manhattan Beach South Gate Cerritos Irvine Maywood South Pasadena City of Industry La Canada/Flintridge Mission Viejo Stanton Claremont Laguna Hills Newport Beach Temple City Commerce Milpitas Orange Villa Park Costa Mesa Moraga Pasadena West Covina Covina Morgan Hill Placentia Westlake Village E. Palo Alto Westminster Whittier NO. CALIFORNIA Alameda EI Cerrito Mountain View San Leandro Alameda County Fairfax Newark San Luis Obispo Albany Foster City Novato San Mateo Co. (Unincorp. Areas) Antioch Fremont Oakland San Rafael Atherton Hayward Orinda San Ramon Belmont Hillsborough Pacifica Santa Clara Belvedere Larkspur Palo Alto Santa Clara Co. (Unincorp. Areas) Berkeley Livermore Piedmont Santa Cruz Brisbane _ Los Altos Pittsburg- Santa Rosa Burlingame Los Altos Hills Pleasanton Saratoga Campbell Los Gatos Redwood City Sausalito Capitola Marin Co. Richmond So. San Francisco Concord Martinez Ross Sunnyvale Contra Costa Co. Menlo Park San Anselmo Tiburon Corte Madera Mill Valley San Bruno Union City Cupertino Millbrae San Carlos Vallejo Daly City Milpitas San Francisco Walnut Creek Danville Moraga San Jose Woodside Dublin Morgan Hill E. Palo Alto CAMy Documents\Collateral\Cityappr.doc 1114197 RICOCHET WIRELESS MODEMS, 1rvK MACINTOSH, PCs and. some PDAs) The RICOCHET ORIGINAL WIRELESS MODEM for mobile computers is available for pur- chase, by monthly rental, or I'%`' via a one-year, lease -to -own program. With four to six hours of battery fife, it outlasts most portable com- puting devices. It comes with an AC adapter that charges the modem battery while in use. The unit is easy to install out of the box and maybe used on Macintosh and PC laptop and desktop computers and some PDAs like Apple® Newton® Visual and audible indicators on the original modem model make using Ricochet simple and easy to use. SPECIFICATIONS GENERAL 902-928 MHz operating (rsquaoy,alge Pseudo random, spread spectrum, frequency hopping Conforms b FCC part 15 regulations TRANSMITTER +30 dBm (1 Wan maximum R -F. Output power, ENVIRONMENTAL 0 b +50'C operating temp"I'm Tonga .. .40 to +80'C storage temperature range -20 to +40'C battery storage temperature range Humidify 90% PH non condensing over Lamp. range MODEM POWER SUPPLY 6 VDC, NIMH, rechargeable battery 1100 mAh, typical battery capacity 4b hours battery life, lcal Operation 115 VAC nominal modem AC adapter input voltage DATA POMFORMAT RS232C serial interface RM5, female modem serial connector Standard AT command set MECHANICAL 13-15 oz. (with baery( 7.70'L x 2.45'W x .92'H RGB IED UNLIMITED INTERNETACCESS A =� The RICOCHET SE WIRELEss MODEM is available for pur- chase and lease -to -own. Its smaller size and sleeker design make it compact enough to carry in your pocket. Its extended battery life ` of8to12 hours helps you make the most efficient use of your computing time. The SE features icons and audible tones that make it simple and intuitive to use. Perfect for smaller computers and mobile devices, the SE is compatible with Macintosh, PC and some PDAs. SPECIFICATIONS GENERAL 902-928 MHz operating frequency range Pseudo random, spread spectrum, frequency hopping Conforms to FCC part 15 regulations TRANSMITTER +30 d8m (1 Watt( maximum R.F- output power, ENVIRONMENTAL 0 to +50`C operating temperature Tag" -40 to +60"C storage temperokmE range -20 to +60T battery Itbrage temperature rage Humidity 95%RH non condensing over temp- range MODEM POWER SUPPLY 3.6 VDC, NiCAD, rechargeable battery 650 mAh =1 battery coP�y 812 h mrs battery life, typical operation 115 VAC nominal modern AC adapter input voltage DATA PORT/FORMAT RS -232D serial interface 14 pin custom mortem Redd connector Standard AT command set MECWWIC-4 B am (with fxlEery( 4.65'L x 2.28'VY x 1.0'H LCD display with icons YOUR COMPANY OFFICE NETWORK/IAN r — r r r s r s r r s r r ACCESS VIA ACCESS VIA RICOCHET RICOCHET WTrHi {AN ACCESS TELEPHONE MODEM r MODEM ACCESS FEATURE T ------------------------------J The r� H' WIRELESS MODEM c for desktop comput- ers is available for a one time set up fee --= that includes rental r and activation. The desktop modem has, an AC adapter and comes with a 25' cable which allows the modem to be placed where reception is best (such as near an outside window), and where interference is least (away from cordless phones, stereo speakers and computer monitors). This unit may be upgraded for use with mobile com- puters to operate from a battery for an additional charge. SPECIFICATIONS GENERAL 902-928 MHz operating frequency range Pseudo random, spread spectrum, frequency hopping Conforms to FCC port 15 regulations TRANSMITTER +30 dBm (I Watt( maximum R.F, output, power ENVIRONMENTAL 0 to +50'C operating temperature range -40 to +80-C storage temperature range -20 b +40'C battery uorage temperature range Humility 90%RH non can over temp- range 115 VAC nominal modem AC adapter input voltage DATA PORTAORMAT s modem serial connector command set 9.75 oz. 7.701 x 2.45'W x .92'H RGB IED RICOCHET THE WIRELESS .MODEM ONOYITED ACCESS TO THE INTERNET AND METRICOM, INC. 980 UNIVERSITY AVENUE LOS GATOS, CA 95030.9961 1-80010 WIRELESS (I -800-469,4735i www.ricochet.net W anooH"Iar DStS Nel.akw •" w.e.in.waiul.ENr1ONSO, NrO+ere em Rxlvm tbNNI14 RHDUq. 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