HomeMy WebLinkAbout1998-03-10 - AGENDA REPORTS - WIRELESS INTERNET SYSTEM (2)AGENDA REPORT
City Manager
Item to be presented &y: Steve Stark
Mall: $tootIDI:\0QW.
DATE: March 10, 1998
SUBJECT: WIRELESS INTERNET COMMUNICATION SYSTEM
DEPARTMENT: Administrative Services
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
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.
This was introduced at the City Council Meeting of February 10, 1998, wherein Council
requested staff to gather additional information by contacting other cities that use Metricom's
wireless data communication system.
Three cities were contacted which have implemented Metricom's wireless system: Sunnyvale,
Berkeley, and San Jose. They reported no negative effects and expressed satisfaction with the
system's benefits. The cities indicated that citizens responded positively to the implementation
of this system and are using it. Residents now have the ability to use this service on their
computer laptops allowing them to logon from anywhere in their city and access things such as
the library database. Further, representatives from these cities spoke highly of Metricom's
customer service levels and product reliability indicating that the company responds quickly
and effectively if and when necessary.
The cities of Glendale, Burbank, Pasadena and San Fernando have also executed non-exclusive
franchise agreements with Metricom but do not yet have the antennas in place. Please see
Attachment "D" for a complete listing of cities that have implemented or are in the process of
implementing this system.
Ag
AP H! , enda
WIRELESS INTERNET COMMUNICATION SYSTEM
March 10, 1998 - Page 2
The wireless system is provided by the installation of pocket radio repeaters on streetlights.
Metricom has agreed that only one out of every 60 poles will be installed with a radio repeater
and most of these radios will be installed off the main city streets. A photograph of these radios
can be found in Attachment "C". Ultimately, Metricom's Wireless Internet Communication
system will ultimately connect all of California.
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. The Franchise Agreement is "non-exclusive'; therefore, the City of Santa Clarita would be
free to enter into any other franchise agreements for similar operations with non-exclusive
rights.
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Other action as determined by Council.
FISCAL IMPACT
There is no 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, which is
expected to be between $15,000 to $25,000.
ATTACHMENTS
A- Ordinance #98-2 entitled "Wireless Internet Communication System"
B- Attachment Permit Agreement (Franchise Agreement)
C- Photo of poletop radio
D- California Right of Way Approvals
E- Marketing Brochure (Metricom)
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NOTICE OF CONTINUED PUBLIC HEARING
CITY OF SANTA CLARITA
CITY COUNCIL
NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clarita, at its
regular meeting held February 10, 1998, continued a public hearing on
10. WIRELESS INTERNET COMMUNICATION SYSTEM - ORDINANCE NO. 98-2 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 March 10, 1998, to allow staff time to conduct research with other cities with an active
system. The continued public -hearing will be held at or after 6:30 p.m. in the Council
Chamber at 23920 Valencia Blvd., Santa Clarita, California.
Dated this 11th day of February, 1998.
''-'� O"Jv�
SHARON L. DAWSON, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF SANTA CLARITA )
SHARON L. DAWSON, being first duly sworn, deposes and says that she is the
duly appointed and qualified City Clerk of the City of Santa Clarita and that on February
11, 1998, she caused the above notice to be posted at the door of the Council Chamber located
at 23920 Valencia Blvd., Santa Clarita, California.
V -6�'
SHARON L. DAWSON, CITY CLERK
Santa Clarita, California
\corres\-contph.not
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 1. 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;
ORDINANCE 98-2
March 10, 1998 - Page 2
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;
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
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.
ORDINANCE 98-2
March 10, 1998 - Page 3
SECTION 5. The City Clerk shall certify to the adoption of this -Ordinance
and shall cause the same to be published in the manner as 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. was regularly introduced and placed upon
its first reading at a regular meeting of the City Council on the day of
1998. That thereafter, said Ordinance 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
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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, TtIEREFORE, 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 Clarity
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.
Telecommunications Attachment permit Agreement
City of Santa Clarlla :: Metricom, Inc.
page I of 14
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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.
1.4 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
he 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 term 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.
Telecommunlcalions Allachmeni Permit Agreement
City ofSanla Clarila :: Aletricom, Inc. -
page 2 of 10
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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 tee 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 owner(s) 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.
Telecommunicafions.411=hment Permit Agreement
City of Santa Clartla:: Aklricom. Inc.
page 3 of 14
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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.
33 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
Telemmmunieations Attachment Permit Agreement
City of Santa Clarila:: Aleirlcom, Inc.
page 4 of 14
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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 asprovided herein. The Franchise Fee shall be due
on or before the forty-fifth (45th) 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
Telecommunications Allachment Permit Agreement
City ofSanla Clarua:: Metricom. Inc.
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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.
4.2.5 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 1st 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
Telecommunlcatiom-Allachmenl permit Agreement
City ofSaala Clarita:: A4elrimm, Inc.
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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 Two to the City pursuant totheCity'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 Clausc. 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 C(arita:: Metricom, Inc.
page 7 of 14
sc(arit3. doc[((b ws (Oapa97J
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
Telecommunications Attachment permit Agreement
City of Santa Clarlla:: Metricom. Inc.
page 8 of 14
sdarit3. doc[/ 1 b ws! 0apa97J
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.
6.3 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 Altacbment Permit Agreement
Clry ofSanla Clarila:: Aktricom. Inc.
page 9 of 14
sclar113.doc[lI 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 not be
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 Attachment Permit Agreement
City ofSanla Clarita:: Metrimm, Inc.
page 10 of 14
sc1arit3.dac[J Jbws lOapa97]
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 serviceor (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
ifto 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 parry 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 cure 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
Telecommunications Attachment Permit Agreement
City of Santa Clarita :: Metricam, Inc.
page Il of 14
sclarit3.doc[11 bws10ttpa97J
(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
Tele mmunlwdons Attachment Permll Agreement
City ojSanfa Clarita:: Metricom, Inc.
Page 12 of Af
sclarit3.doc[] I b wsf 0apa97J
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 the City Manager 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.
TelecommunicallonsAttachment Perm11 Agreement
CftyofSanta Clarfta:. Melricom, Inc.
page 13 of 14
sclarfl3.doc[11bws]0apa97J
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:
7elecammunieatlons Attachment Permit Agreement
City of Santa Clarita :: Meiricom, Inc.
page 14 of 14
sc1arii3.doc/1l bwsl0apa97j
EXHIBIT A
DESCRIPTION OF RADIOS
General
Operating Frequency Range
Spreading Technique
Hopping Technique
Number of Channels
Channel Spacing
RF Data Rate
Transmitter
R.F. Output Power
Omni Antenna Gain
Baseband Modulation
Field Strength at 10 Ft
Power Density at 50 Ft
Environmental
Operating temperature Range
Storage Temperature range
Operating Vibration
5 to 7.5 Hz
7.5 to 500 Hz
Operating Shock
Humidity
Salt Spray
Transportation Vibration
Rain Tightness
Power and Power Line Susceptibility
Input Voltage
Input Current (Receive 100%, Typ)
Input Current (Transmitter On 100%, Typ)
Power Consumption (Receive 100%, Typ)
Power Consumption (Transmitter On 100%, Typ)
Power Consumption (Network Operation 2.5%, Typ)
Surge
Mechanical
Enclosure
Weight
Size
FCC Certification
General Certification
902 - 928 MHz
Frequency Hopping
Pseudo Random, Asynchronous
162
160 kHz
100 kbps
+30dBm (1 Wait) Maximum
+3 dBi
Gaussian two-level FSK .
5 VIM
.000036 mW / square cm
-40 to + 60 C
-60 to + 80 C
.5 in. Double Amplitude
1.5 g
40 g ,11 ms ,Half Sine
90% RH Non Condensing @ 60 C
Per ASTM 8117-85, for 5 days
In Shipping Container per
ASTM D999-75
4'/Hr rainfall @ 70 MPH Per
Mil Std 810E, Method 506.1-1
120 - 230 VAC nominal
55 ma Average
105 ma Average
6.6 VA Average
12.6 VA Average
6.7 VA Average
6kV @ 500A and 6kV @ 1.2/50 us
Die Cast Aluminum
5.65 Lb.
11.82'W x 9.30'D x 6.57"H
FCC Part 15
EXHIBIT A
DE.SCRIM'ION OF RADIOS
w
CL
O
w
O
Z
w
[ExmBIT B]
RADIO LOCATIONS
PROPOSED LOCATIONS TO BE PROVIDED
AFTER REVIEW OF STREET LIGITT MAPS
AND PRIOR TO DEPLOYMENT
[EXIIIBIT Cl
[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 indemnify 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:
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.
0
By:
SIGNED AND SEALED this
PRINCIPAL
Title:
day of .19
SURETY
(Type Company Name)
By:
Title.-
Address:
itle:
Address:
Telephone:
(Affix Corporate Seals)
(Attach Acknowledgments of both Principal and Surety signatures)
ri
4
MetriCOM ` 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
Orange
Villa Park
Costa Mesa
Pasadena
West Covina
Covina
Placentia
Westlake Village
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
C:\My Documents%Collateral%Cityappr.doe
11/4197
RICOCHETS WIRELESS MODEMS
METRICOM• WIRELESS TECHNOLOGY I CONNECT TO RICOCHET WIRELESS MODEMS CONNECT
AND NETWORK OVERVIEW INFORMATION YOU TO THE INFORMATION YOU NEED
Metricom's Microcellular Data Network®
(MCDN) is a wide -area digital, packet -
switching radio network that uses
spread -spectrum data technology
.
and Metricom's patented frequency -
hopping, mesh architecture. The
au£
network operates within the license-
A
i s
free (902-928) MHz portion of the Radio
Frequency (RF) spectrum, and allows for
efficient, secure transfer of data, and fast
access to a variety of individual, national and
international networks.
The MCDN network consists of self-
contained, shoebox-sized radio
transceivers (macrocell radios) which
are typically mounted to street lights
or utility poles. The units are strate-
gically placed every quarter to half y A
mile in a checkerboard pattern. Each
macrocell radio employs 162 frequency -
hopping channels, and uses a randomly selected
hopping sequence enabling multiple subscribers
to use the network simultaneously.
Wired Access Points (WAPs) within each
20 -square -mile area collect and con-
vert the radio frequency packets into
a format for transmission to a wired
IP network backbone. Each WAP
and the macrocell radios that report to
it can support thousands of subscribers.
Ricochet wireless modems allow Ricochet
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services, and send and receive E-mail
from their laptop, desktop or PDA —
in much the same way a standard
wired telephone modem operates.
Unlike standard modems, Ricochet
esn't use phone lines. That's a key factor
In the tcuochetAdvantage.
ANYWHERE
IN THE OFFICE
ANYWHERE
AT HOME
F
Metricom's two divisions, Ricochet Products
and Services and Industrial Communications,
jointly own, deploy and operate the network,
manufacture and sell the products and provide
service solutions to consumer, corporate, utility,
education and industrial markets.
RICOCHET
`
THEWIRELESSMODEM
l UNLIMITED ACCESS TO THE INTERNET AND
or
ANYWHERE
IN BETWEEN
Ricochet Wireless
Modems and Services
let you choose when,
where and how you
want to access
your information.
Imagine being able to access E-mail from your PDA
at a business lunch, from your laptop at a customer
lobby or conference room, or while waiting for
your flight at the airport. And, connecting
to the Internet and company LAN from
your home computer without tying up
I, your primary phone line is easy—
Ricochet is the perfect alternative to
a second or third phone line!
Our flat rate service plans give you unlimited
usage, starting at about $1 a day! (Plus modem and
a one-time activation fee.) Compare this to other
wireless solutions that impose ceilings on their
monthly rates and charge for excess data -usage
and you'll see the total RicocbetAdvantage.
Ricochet modems are small, light-
weight and plug into a standard serial
port of most Macintosh and PC com-
puters with a small cable attachment.
Some PDA models are also supported,
e.g., Apple* Newton.
Metricom's unique use of radio-frequency technology
allows subscribers of the Ricochet service the freedom
to choose when, where and how they want to access
their information. All three modem models allow
access to the Metricom network without a phone line,
in addition to providing connection capability options
to wired -line services and wired modems. As with all
modems, speeds and user -throughput vary with loca-
tion, application and hardware/software configuration.
Ricochet modems typically connect at speeds up
to 28.8 Kbps, making them an efficient tool for file
transfers, web -browsing and downloading, and two-
way E-mail connections.
1. 8 0 0. G O WIRELESS ( 1.800-469-47351
RICOCHET WIRELESS MODEMS
{FOR MACINTOSH, PCs and some PDAs}
The RICOCHET ORIGINAL
WIRELESS MODEM for mobile
computers is available for pur-
chase, by monthly rental, or
via a one-year, lease -to -own
program. With four to
six hours of battery life,
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 may be 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 frequency range
Pseudo random, spread spectrum, frequency hopping
Conforms to FCC part 15 regulations
TRANSMITTER
+30 Can ll Watt) maximum R.F. output power
ENVIRONMENTAL
0 to+WC operating temperature range
40 to +80'C storage temperature range
-20 to +40"C battery storage temperature range
Humidity 90%RH non condensing over temp. range
MODEM POWER SUPPLY
6 VDC, NIMH, rechargeable battery
1100 mi typical battery capacity
46 hours battery life, typical operation
115 VAC nominal modem AC adapter input voltage
DATA PORT/FORMAT
RS232C serial interface
RW, female modem serial connector
Standard AT command set
MECHANICAL
13.15 oz. (with battery)
7.70"L x 2.45"W x .92'H
RGB LED
TheRICOCHET SE WIRtELEss
MODEM is available for pur-
chase and lease -to -own. Its
"i-- smaller size and sleeker
design make it compact
` enough to carry in your
pocket. Its extended
batterylife
of 8 to 12
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 dBm (1 Watll maximum R.F. output power
ENVIRONMENTAL
0 to +50'C operating temperature range
-40 to +60"C storage temperature range
.20 to +60eC battery storage temperature range
Humidity 95%RH non condensing over temp. range
MODEM POWER SUPPLY
3.6 VDC, NiCAD, rechargeable battery
650 mitypical battery capacity
8-12 hours bbattery life, typical operation
115 VAC nominal modem AC adapter input voltage
DATA PORT/FORMAT
RS -232D serial interface
14 pin custom modem serial connector
Standard AT command set
MECHANICAL
B oz. lwith battery)
4.65"L x 2.28"W x 1.0"H
LCD display with icons
The
t'= I WIRELESS MODEM
for desktop comput-
ers is available for a
one time set up fee
that includes rental
- 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 part 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 to +40`C battery storage temperature range
Humidity 90%RH non condensing over temp. range
MODEM POWER SUPPLY
115 VAC nominal modem AC adapter input voltage
DATA PORT/FORMAT
RS serial interface
81.45, female modem serial connector
Standard AT command set
MECHANICAL
9.75 oz.
7.70"L x 2.45"W x .92"H
RGB LED
AnfM RICOCHET
THE WIRELESS MODEM
UNLIMITED ACCESS TO THE tITERNFT AND
YOUR OFFICE NETWORK -WITHOUT A ALONE LINE
METRICOM, INC.
980 UNIVERSITY AVENUE
LOS GATOS, CA 95030-9961
1 -800 -GO WIRELESS
(1-800-469-4735)
www.ricochet.net
01997 Mehicom. Im, All rights reserved. As AM telephone modems, speeds vary based on acarian, application, hardware and software. MORI Rlcacbel
and Mleroceltrier Dal, Net.* rte re,holved trademarks of Metrlcanl. Inc. All other trademark¢ ere 0e properly of their respective mmpartes. P/N SS2 5197
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The
t'= I WIRELESS MODEM
for desktop comput-
ers is available for a
one time set up fee
that includes rental
- 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 part 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 to +40`C battery storage temperature range
Humidity 90%RH non condensing over temp. range
MODEM POWER SUPPLY
115 VAC nominal modem AC adapter input voltage
DATA PORT/FORMAT
RS serial interface
81.45, female modem serial connector
Standard AT command set
MECHANICAL
9.75 oz.
7.70"L x 2.45"W x .92"H
RGB LED
AnfM RICOCHET
THE WIRELESS MODEM
UNLIMITED ACCESS TO THE tITERNFT AND
YOUR OFFICE NETWORK -WITHOUT A ALONE LINE
METRICOM, INC.
980 UNIVERSITY AVENUE
LOS GATOS, CA 95030-9961
1 -800 -GO WIRELESS
(1-800-469-4735)
www.ricochet.net
01997 Mehicom. Im, All rights reserved. As AM telephone modems, speeds vary based on acarian, application, hardware and software. MORI Rlcacbel
and Mleroceltrier Dal, Net.* rte re,holved trademarks of Metrlcanl. Inc. All other trademark¢ ere 0e properly of their respective mmpartes. P/N SS2 5197