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CITY OF RANCHO PALOS VERDES <br /> RIGHT-OF-WAY USE AGREEMENT <br /> THIS RIGHT-OF-WAY USE AGREEMENT ("Agreement") is entered into on <br /> September 6 , 2011 ("Effective Date"), by the CITY OF RANCHO PALOS VERDES, <br /> a California municipal corporation ("City"), and NEXTG NETWORKS OF CALIFORNIA, <br /> INC., a Delaware corporation ("NextG"). <br /> RECITALS <br /> A. NextG owns, maintains, operates and controls, in accordance with <br /> regulations promulgated by the Federal Communications Commission and the <br /> California Public Utilities Commission, a fiber-based telecommunications Network (as <br /> defined in Section 1.9 below) serving NextG's wireless carrier customers and using <br /> microcellular optical repeater Equipment (as defined in Section 1.4 below) certified by <br /> the Federal Communications Commission. <br /> B. NextG represents that it holds a valid and unrevoked certificate of public <br /> convenience and necessity that was issued by the California Public Utilities Commission <br /> in its Decision No. 03-01-061 that became effective on January 30, 2003. NextG further <br /> represents that since its initial issuance of a CPCN, NextG applied for and was issued a <br /> full Facilities-based CPCN by the CPUC in its decision No. 07-04-045 that became <br /> effective on April 12, 2007. This certificate recites NextG's authority to partake in <br /> construction activities consistent with the decision and CPCN U-6745-C. <br /> C. For the purpose of operating the Network and improving wireless <br /> coverage and capacity in the City, NextG wishes to locate, place, attach, install, <br /> operate, control, and maintain Equipment in the Public Way (as defined in Section 1.11 <br /> below) on facilities owned by the City and by third parties at locations that have been or <br /> will have been approved by the City pursuant to its customary permitting procedures, <br /> which shall include the encroachment permit when excavation will be required, the <br /> building permit and the view assessment for facilities that are located within the Public <br /> Ways. <br /> D. The Public Ways within the City are used by and useful to private <br /> enterprises engaged in providing telecommunications services to residents, institutions, <br /> and businesses located in the City. <br /> E. The right to occupy portions of the Public Ways upon City-owned <br /> infrastructure for limited times, for the business of providing telecommunications <br /> services, is a valuable economic privilege, the economic benefit of which should be <br /> shared with all taxpayers of the City. <br /> 1 <br />