1i Cell Tower Lease Murray Hill Water Tower
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone 952.2271100
Fax 952.2271110
Building Inspections
Phone 952.227 1180
Fax 952.227 1190
Engineering
Phone 952.2271160
Fax 952.2271170
Finance
Phone 952.2271140
Fax 952.227 1110
Park & Recreation
Phone 952.2271120
Fax 952.2271110
Recreation Center
2310 Coulter Boulevard
Phone 952.2271400
Fax 952.227 1404
Planning &
Natural Resources
Phone 952.227 1130
Fax 952.2271110
Public Works
1591 Park Road
Phone 952.2271300
Fax 952.2271310
Senior Center
Phone 952.2271125
Fax 952.2271110
Web Site
www.ci.chanhassen.mn.us
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MEMORANDUM
TO:
Todd Gerhardt, City Manager
FROM:
Justin Miller, Assistant City Manage~.#\
DATE:
o~
March 24, 2006
RE:
Cell Tower Lease Agreement with T-Mobile for Murray Hill
Water Tower
BACKGROUND
Staff has been contacted by representatives from T-Mobile regarding the
installation of cellular phone antennae on the Murray Hill water tower. This
tower currently does not have any cellular equipment on it, and T -Mobile is
interested in this site to provide better service for T -Mobile customers.
The key points of the agreement are as follows:
· The term of the lease is for five years, beginning on the earlier of
November 1, 2006 or the date construction begins. The lease can be
extended for up to 20 years (four renewal terms of five years each).
· Rent for the first term is $1,650/month. This amount increases by 3% in
each successive renewal term. This rent structure is similar to other cell
leases in the City.
· Ant taxes levied on the property due to the antennae will be paid by T -
Mobile.
· Any expenses incurred by the City due to the antennae will be reimbursed
by T - Mobile.
· The agreement may be terminated by the City if rent is not paid 15 days
after written notice, if the water tower no longer becomes needed, or if a
higher priority user (such as a City or public safety use) is needed.
· T-Mobile will pay an administrative fee of $5,000 on the commencement
date to pay for independent inspections services that the City intends on
using to monitor the installation of the antennae.
· A small equipment building will be constructed to house electronic
equipment needed to operate the cellular antennas.
A letter was sent to neighboring property owners notifying them of this proposal
(letter attached to this report). Since this letter was sent, staff has met wIth some
of the neighbors to answer some of their questions. Copies of correspondence
with the neighbors are also attached.
The main concerns of those who contacted staff were health Impacts, the potential
for nOlse, the addition of a new building to the site, perceIved impacts to property
values, as well as increased traffic. Health concerns are ObVIOusly important, and
to address them, sections of a report from the FDA are attached. The key findmg
The City 01 Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
G:\ADMIN\JM\Cell Phone Towers\T-Mobile Murray Hill Tower staff report. doc
of this report is the following statement in regards to cellular telephone base
stations:
"In fact, ground-level exposure from such antennas is typically thousands of times
less than the exposure levels recommended as safe by expert organizations. So
exposure to nearby residents would be well within safety margins."
The full report can be found at wwwJda.gov/cellphones.
As for noise, similar equipment is located at our W. 76th Street tower, and in order
to hear any noise coming from that building, you must be within feet of the door.
The new building will be completely surrounded by a wooden fence, and traffic is
expected to be one visit every three months by T-Mobile personnel to check on
their equipment. An analysis of proEerty values was performed for the homes
immediately surrounding the W. 76 Street tower, and these homes saw property
values increase commensurate with other properties in Chanhassen, some even
experiencing double digit increases from 2004 to 2005.
RECOMMENDATION
Staff recommends that the Chanhassen City Council approve the attached Water
Tower Antennae Agreement with T-Mobile Central., LLC for the purposes of
installing cellular telephone antennae on the Murray Hill Water Tower. This
action requires a majority of the City Council for approval.
G:\ADMIN\JM\Cell Phone Towers\T -Mobile Murray Hill Tower staff report.doc
SITE NAME: Melody Hill Water Tower
SITE NUMBER: AIP0407
WATER TOWER
ANTENNAE AGREEMENT
THIS WATER TOWER ANTENNAE AGREEMENT ("Agreement") is made
and entered into this _ day of , 2006, by and between the CITY OF
CHANHASSEN, MINNESOTA, a Minnesota municipal corporation (hereinafter
refereed to as the "City"), and T -Mobile Central LLC, a Delaware limited liability
company (hereinafter referred to as "Tenant").
A. The City is the fee owner of certain land located in Carver County,
Minnesota, with a street address of , Chanhassen,
Minnesota, legally described on Exhibit A attached hereto (hereinafter
referred to as the "Property").
B. Located on the Property is a municipal water tower owned, operated and
maintained by the City (hereinafter referred to as the "Water Tower").
C. Tenant desires to install, operate and maintain a single facility, consisting
of up to 12 panel antennas, including all necessary wiring, cabling and
conduits, used for the transmission and reception of radio communication
signals (hereinafter referred to as the "Antennae") and any related
equipment (hereinafter referred to as the "Equipment") in accordance with
the terms of this Agreement.
D. The parties desire to enter into this Agreement relating to the use of the
Water Tower.
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing recitals and for other
good, valuable and fair consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Authorization to Use Water Tower Source. The primary purpose of the City's
ownership of the Property IS to: (a) operate and maintain a municipal water
tower so as to provide water service to residents of Chanhassen; and (b) to
provide governmentally related communications systems for the City of
Chanhassen. Subject to the terms of this Agreement, the City authorizes
Tenant's non-exclusive use of a certain portion of the Property, which is
legally described on Exhibit A attached hereto, subject to any and all existing
easement and restrictions not inconsistent with the rights granted hereunder,
for the purposes described in Paragraph 4 of this Agreement, including the
installation, operation, and mamtenance of the Antennae and Equipment. The
locations on the Water Tower where Tenant IS authorized to install the
Antennae and the location of the ground space on the Property and access and
utIlity easements are depicted on Exhibit B attached hereto (collectIvely, the
"Premises"). Tenant shall provide for and be responsible for all utility
G:\ADMIN\JM\Cell Phone Towers\T-Mobile Murray Hill Lease.doc
services used by Tenant and the maintenance of the Equipment or Premises.
Tenant shall be entitled to the exclusive use of the Antennae and Equipment
locations during the Initial Term and during Renewal Terms.
2. Term. The initial term ("Initial Term") of this Lease will be for five (5) years,
commencing on the earlier of the date that Tenant starts construction on the
Premises, or November 1, 2006 whichever first occurs ("Commencement
Date"), and will terminate at 11 :59 p.m. on the date immediately preceding
the fifth anniversary of the Commencement Date, unless sooner terminated as
provided herein. Tenant shall have the right to extend the term of this
Agreement for four (4) additional five (5) year terms (each, a "Renewal
Term") on the same terms and conditions as set forth herein. This Agreement
shall automatically be extended for each successive Renewal Term unless
Tenant gives City written notice of its intention not to extend at least sixty
(60) days prior to the expiration of the then-existing term.
3. Rent and Compensation.
a. Tenant agrees to pay as rent to City, monthly in advance beginning on the
Commencement Date, an amount equal to one thousand six hundred fifty
dollars ($1,650.00) ("Rent") for attaching up to twelve (12) antennas and
twenty-four (24) lines of coaxial cable to the Water Tower. Tenant's first
installment of Rent will be paid to City on or before the Commencement
Date, and subsequent installments of Rent shall be paid in advance on or
before the first day of each month. Payments for any partial months shall
be prorated.
b. During the Initial Term and any Renewal Terms, Rent will increase
annually by three percent (3%) and such increases will be effective on
each anniversary of the Commencement Date.
c. On the Commencement Date, Tenant shall pay to the City an
administrative fee of Five Thousand Five Hundred and no/lOO Dollars
($5,500.00).
4. Use.
a. Tenant may use the Premises and the Water Tower solely for the purpose
of constructing, installing, removing, replacing, maintaining, and
operating the Antennae and Equipment, subject to such modifications and
alterations as may result from changes or improvements in technology.
Prior to Tenant installing, subsequently modifying, or removing the
Antennae and the Equipment, it shall provide written notice to the City,
along with copies of the plans and specIfications of the work. The City
shall have the right to approve the manner of installation and the location
on the Water Tower where Tenant installs the Antennae, which approval
shall not be unreasonably withheld, conditioned or delayed. Tenant shall
not install any subsequent antennae (beyond the original twelve panel
antennas including all necessary wiring, cabling and conduits) without
negotiating a written addendum of this Agreement, which addendum shall
include an increase in the Rent.
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b. Except for the antennas, wiring, cabling and conduits depicted on Exhibit
B, Tenant shall store all Equipment related to the Antennae in the
Premises.
c. City will not in any way be responsible for the Antennae, the related
Equipment, the Premises, or any personal property actually placed on the
Property or in the Premises or installed on the Water Tower by Tenant.
d. The Antennae and related Equipment shall remain the property of Tenant,
subject to the terms of Paragraphs 7 and 8.
e. Tenant, at all times during this Agreement, shall have access to the ground
portion of the Premises in order to install, operate, and maintain Antennae
and Equipment. Tenant shall have access to the Water Tower only with
the approval of the City. Tenant shall request access to the Water Tower
at least twenty-four (24) hours in advance except in emergency, and City's
approval thereof shall not be unreasonably withheld, delayed, or
conditioned. In the event that it is necessary for Tenant to have access to
the Water Tower at some time other than the normal working hours of the
City, the City may charge Tenant for reasonable expense, including
employee wages that the City may incur in providing such access to
Tenant. The City will be entitled to reimbursement from Tenant if City
incurs any costs associated with providing Tenant access to Water Tower,
Property or Premises except in those cases where cost is incidental to City
obtaining access for its own purposes unrelated to Tenant's use of
Antennae, Water Tower and Premises. Notwithstanding the foregoing,
"access" does not require or impose upon the City an affirmative duty to
snowplow in order to provide "access" to the Property or to the Water
Tower. The City shall not be responsible for damages or otherwise for
interruption in Tenant services where the interruption is due to an
emergency or performance of maintenance and repairs on the Water
Tower.
f. Tenant shall take all steps necessary to prevent any mechanics' or
materialmen's liens from being placed on the Property as a result of
Tenant's use of the Water Tower, Property and Premises, and specifically
indemnifies the City from such liens.
g. The color of the Antennae and any Equipment placed on the Water Tower
shall match the color of the Water Tower.
h. Tenant shall pay all personal and real property taxes assessed against the
Antennae, related Equipment and/or Premises. If any such improvements
constructed on the Property should cause part of the Property to be taxed
for real estate purposes, Tenant agrees to timely pay its pro rata share, of
such taxes. Tenant's pro rata share of such taxes shall be calculated by a
percentage, such percentage shall be based upon Tenant's proportionate
share of the total rent paid to City by all tenants on the Property that are
also required to pay such taxes. It shall be the obligation of Tenant to pay
such property taxes.
1. The City represents and warrants to Tenant that Tenant shall enJoy ingress,
egress, and access from an open and improved public road to the Property
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adequate to service the Premises, Antennae and the Equipment at all times
during this Agreement and at no additional charge to Tenant. Any access
easements shall terminate upon termination of this Agreement and Tenant
agrees to execute any and all documents necessary to remove the easement
from the Property.
J. Within thirty (30) days after the completed installation, Tenant shall
provide the City with record drawings of the Antennae, Equipment, and
improvements installed on the Property, witch shows the actual location of
all Antennae, Equipment and Premises. Said drawings shall be
accompanied by a complete and detailed inventory of all Equipment,
personal property, and Antennae actually placed on the Property by
Tenant.
5. Maintenance of Antennae; Modification.
A. Tenant shall maintain the Antennae and Equipment in good condition at
all times, at its sole cost and expense. Tenant shall conduct all repair,
replacement and maintenance operations in accordance with applicable OSHA
regulation or such other occupational and safety regulations pertaining to such
operations. Every five (5) years from the commencement date of this
Agreement, Tenant shall have the Antennae and Water Tower inspected by a
Registered Civil Engineer and provides the City with a copy of the inspection
report. If Tenant fails to do so, and such failure creates a risk of damage or
injury to persons or property (as determined in the reasonable discretion of the
City), the City may take such steps as it determines to be necessary to protect
persons or property; including removal of the Antennae and the Equipment.
Tenant shall reimburse the City for any costs incurred in connection with
assuring compliance with the provisions of this paragraph; including any costs
of restoring the Water Tower and the Property to their original condition. If
Tenant fails to pay the City for such costs within thirty (30) days of a demand
by the City for payment, the City at its election my terminate this Agreement
and retain any prepaid Rent. Notwithstanding anything contained in this
Paragraph 5 to the contrary, the City shall not be entitled hereunder to take
any action or to incur any costs for which Tenant would be liable without first
giving Tenant written notice of the breach of its obligatIOns under this
Paragraph 5 and Tenant fails to cure such breach within thirty (30) days of its
receipt of such notice; provided, however, that such cure period shall not be
required in the event that the breach by Tenant creates an immedIate threat of
damage or physical injury to persons or property (as determined in the
reasonable discretion of the City.) These remedies are nonexclusive, and the
CIty expressly reserves its rights to pursue an available legal or equitable
remedies.
B. Any additional expense of repainting, repairing, or maintainmg the
Property or the Water Tower reasonably incurred by the City as a direct
consequence of the presence of the Antennae and/or the Equipment being
located thereon shall be paId within 30 days by Tenant to the CIty upon
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receipt from the City by Tenant of the City's wntten notice of such additional
cost, which notice shall state the reason(s) for the incurring of such costs and
shall include a reasonable itemization of such costs.
C. Tenant shall remove its Antennae facilities at Tenant cost, upon reasonable
notice to allow maintenance, repair, and repainting, deemed appropriate in the
reasonable discretion of the City. There may be scheduled interruptions in use
of the Antennae facilities. Except in the case of an emergency, City shall give
Tenant at least ninety (90) days' written notice of repair, repainting, or
restoration. In case of an emergency which means there is a threat to the
health or safety of the public, or damage to the Property, City may remove
Tenant's Antennae facilities, but shall notify Tenant by telephone as soon as
reasonably possible. An "emergency" shall be deemed to exist only in those
situations which constitute an immediate threat to the health or safety of the
public or immediate danger to the Property. In the event the use of Tenant's
Antennae facilities is interrupted, Tenant shall have the right to maintain and
operate mobile cellular sites on wheels on the Property or, after approved by
City, on any land owned or controlled by City in the immediate area of the
Property.
D. No material alteration or addition to the Antennae or the Equipment shall
be made by Tenant until Tenant has submitted to the City a detailed proposal
for the same, and the City has approved such proposal. Such approval by the
City shall not be unreasonably withheld, delayed, or conditioned. The City
may require that either or both of the studies required under Subparagraph
lIE hereof be conducted, to the extent that the City reasonably deems the
same necessary for the proper evaluation of such proposed alteration or
addition, which study or studies shall be performed at the sole expense of
Tenant.
6. Utilities. Tenant shall separately meter and pay all electric and other utility
services that are associated with the use of the Property, the Water Tower, and the
Equipment. The City agrees to cooperate with Tenant in its efforts to connect the
Antennae and Equipment to existing utility service at Tenant's expense. The City
makes no representation or warranty regarding the availability of electric or other
utility service to the Water Tower or the Equipment. Tenant shall have the right
to install utilities, at Tenant's expense, and to improve the present utilities on the
Property including, but not limited to the use of a temporary mobIle emergency
power generator adjacent to the Equipment for use for a period up to thirty (30)
days. The City shall not be liable, and Tenant waives any and all claims against
the CIty, for any interruption of electrical or other utility services Property,
Antennae or Equipment.
7. Removal of Antennae and Equipment.
A. Tenant shall remove the Antennae and all personal property and trade
fixtures at its own cost and expense upon the expiration or earlier
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termination of this Agreement. Tenant shall, at its sole cost and expense,
return the Water Tower and the Property to substantially the same
condition they were in on the Commencement Date, normal wear and tear
excepted. In the event Tenant fails to so remove any component of the
Antennae, the Equipment, or both, or to return the Water Tower and the
Property to the condition specified in this subsection within thirty (30)
days of the expiration or termination of this Agreement, then the City shall
have the right to remove the Antennae or Equipment at Tenant's sole cost
and expense. If Tenant fails to reclaim the Antennae or Equipment with
thirty (30) days' notice from the date of removal by the City, said
Antennae and Equipment shall without further notice be deemed
abandoned. No Antennae or Equipment will be released by the City to
Tenant until Tenant has reimbursed the City for all expenses related to
removing the Antennae and the Equipment and returning to the Property
and the Water Tower to the condition specified in this subsection.
B. Waiver of City's Lien.
1. City waives any lien rights it may have concerning the Tenant's
facilities which are deemed Tenant's personal property and not
fixtures, and Tenant has the rights to remove the same at any time
without City's consent.
2. City acknowledges that Tenant has entered into or may enter into a
financing arrangement including promissory notes and financial and
security agreements for the financing of Tenant's facilities (the
"Collateral") with a third party financing entity (and may in the future
enter into additional financing engagements with other financing
entities). In connection therewith, City (i) consents to the installation
of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures
or otherwise; and (iii) agrees that the Collateral shall be exempt from
execution, foreclosure, sale, levy, attachment, or distress for any Rent
due or to become due and that such Collateral may be removed at any
time without recourse to legal proceedings.
8. Termination.
A. Except as otherwise provided herein, this Agreement may be
terminated by either party upon sixty (60) days' written notice to the other
party, only as follows:
a. by either party upon default of any covenant or term hereof by
the other party, whIch default is not cured within sixty (60) days of receipt
of written notice of default to the other party (without, however, limiting
any other rights of the parties pursuant to any other provisions hereof).
However, if the default may not be reasonably cured within a 60 day
period, this Agreement may not be terminated if the defaultmg party
commences action to cure the default within such 60 day period and
proceeds with due diligence to fully cure the default;
b. by Tenant for cause if it is unable to obtain or maintain any
license, permit, or other governmental approval necessary for the
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construction and/or operation or use of the Property, Antennae, Equipment
or the Water Tower as a transmission facility;
c. by Tenant for cause if the Property is or becomes unacceptable
for technological reasons under Tenant's design or engineering
specifications for its Antennae or related Equipment;
d. by the City if Tenant fails to tender the monthly Rent payment
within fifteen (15) days of written notice from the City that Tenant is m
default payment of Rent;
e. by the City if the determines, after consultation with a licensed
structural engineer that the Water Tower is structurally unsound for use as
a water tower, for any reason including but not limited to considerations
related to the age of the structure, damage to or destruction of all or part of
the Water Tower or the Property from any source, or factors relatmg to the
condition of the Property;
f. by the City, if its City Council decides, for any reason, to
discontinue use of the Water Tower for all purposes, in which event
Tenant shall not be entitled to compensation in any form for any reason as
a result of the City's exercising its rights under this subparagraph;
g. by Tenant if City causes electrical utility services to be
interrupted for a period of more than thirty (30) days; or
h. If the City determines that a potential user with a higher priority
as identified under Paragraph 10 below cannot find another adequate
location or the Antennae and Equipment unreasonably interfere with
another user with a higher priority, regardless of whether or not such an
interference was predicted in the initial interference study that was a part
of the application process.
B. Notwithstanding anything to the contrary in this Agreement, m no event will
either party be liable to the other party for, or mdemnify the other party agamst,
punitive, indirect, incidental, special or consequential damages, including,
without limitation, loss of profits, income or business opportunities.
C. If Tenant terminates this Lease pursuant to subsection 8.A.c, above, Tenant
shall pay to City as liquidated damages for early termination, 150% of the
annual Rent for the year in which Tenant terminates; provided, however, that
Tenant shall not be required to pay any liquidated damages or termination fee if
Tenant elects not to renew the term of this Agreement pursuant to Section 2,
above.
9. Interference.
A. Upon paying the Rent as required herem, Tenant shall have the right to the
non-exclusive use of the Water Tower and Property as permitted in this
Agreement. City in no way guarantees to Tenant noninterference with
Tenant's transmiSSIOn operations, provided, however, that m the event any
other party except a high priority user requests permission to place any
type of additional antennae or transmission facility on the Property, the
procedures of Paragraph lID shall govern to determine whether such
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antennae or transmission facility will interfere with Tenant's transmission
operations.
10. Interference Caused By Antennae. Tenant's Equipment shall be installed and
operated in a manner which does not cause interference or otherwise impair the
quality of the communication services being rendered by the following higher
priority users: (1) City and (2) public safety agencies including law enforcement,
fire, and ambulance services, that are not part of the City; and (3) other
governmental agencies where use is not related to public safety.
11. Interference with Antennae Operations.
A. Temporary Interruptions of Service. If the City determines, in its
reasonable discretion, that continued operation of the Antennae would
cause or contribute to an immediate material threat to public health and/or
safety (except for any issues associated with human exposure to radio
frequency emissions, which are regulated solely by the federal
government), the City may order Tenant to discontinue its operations.
Tenant shall immediately comply with such an order. Service shall be
discontinued only for the period that the immediate threat exists. If the
City does not give prior notice to Tenant, the City shall notify Tenant as
soon as possible after its action and give its reason for taking the action.
The City shall not be liable to Tenant or any other party for any
interruption in Tenant's operation of its Antennae or Equipment, except as
may be caused by the negligence or willful misconduct of the City, its
employees, contractors or agents. In any event, the City's liability shall not
extend beyond the obligation to repair the cause of the interruption or
interference. If the discontinuance extends for a period greater than three
(3) business days, Tenant's sole remedy shall be to terrmnate this
Agreement within its sole discretion.
B. With Structure. Tenant shall not interfere with City's use of the Water
Tower or Property and agrees to cease all such actions which
unreasonably and materially interfere wIth City's use thereof no later than
three (3) business days after receipt of written notice of the interference
from City. In the event that Tenant's cessation of action is material to
Tenant's use of the Water Tower and Property and such cessation
frustrates Tenant's use of the Water Tower and Property, within Tenant's
sole discretion, Tenant shall have the immediate right to termmate this
Agreement.
C. With Higher Priority Users. If Tenant's EqUIpment causes impermiSSIble
interference with the parties identified in Paragraph 10 above or with pre-
existing tenants, Tenant shall take all measures necessary to correct and
eliminate the interference. If the interference cannot be eliminated within
48 hours after receiving City's written notice of the interference, Tenant
shall immediately cease operating its Antennae and shall not reactIvate
operation, except intermittent operation for the purpose of testing, until the
8
interference has been eliminated. If the interference cannot be eliminated
within thirty (30) days after Tenant received City's written notice, City
may at its option terminate this Agreement immedIately.
D. Interference Study - New Occupants. Upon written notice by City that is
has a bona fide request from any other party to lease an area including or
in close proximity to the Water Tower and Property, Tenant agrees to
provide City, within twenty (20) days, the radio frequencies currently in
operation or to be operated in the future of each transmitter and receiver
installed and operational on the Water Tower and Property at the time of
such request. City may then have an independent registered professional
engineer of City's choosing perform the necessary interference studies to
determine if the new applicant's frequencies will cause harmful radio
interference to Tenant. City shall require the new applicant to pay for such
interference studies. Except for those parties and entities identified in
Paragraph 10, City agrees that it will not grant a future lease in the Water
Tower and Property to any party if such party's use is reasonably
anticipated to interfere with Tenant's operation of its Antennae or
Equipment.
E. Initial Study. Before obtaining a building permit, Tenant must pay for the
reasonable cost of (i) a radio frequency interference study carried out by
an independent and qualified professional selected by the City showing
that the Tenant Antennae use will not interfere with any existing
communication facilities; and (ii) an engineering study showing that the
Water Tower is able to support the Antennae and Equipment, as referred
to in Exhibit B hereto, without prejudice to the City's use of the Water
Tower. If the study finds that there is a potential for interference that
cannot be easily remedied or for prejudice to the Water Tower, the City
may terminate this Agreement immediately and refund any prepaid Rent
to Tenant. The City shall order such studies promptly upon its receipt of
the application of Tenant for a building permit, and shall cause the same to
be completed as soon as reasonably possible. If the City decides to
exercise its termination right under this Subparagraph 11E, then the City
shall give Tenant written notice of such termination within ten (10) days
after receipt by the City of the last of such studies, which notice shall
specify the condition disclosed by either such study upon which the City IS
basing the exercise as such right and shall mclude the refund of such
prepaid rent.
12. Future Development. Tenant understands and acknowledges that the City may
utilize the Property for public use at some future date, and that the design and
manner of such uses shall be m the sole discretion of the City. In the event City
undertakes such use, then the City and Tenant agree to cooperate WIth one another
as necessary to facilitate both parties' use of the Property.
13. Indemmty.
a. General. Tenant agrees to defend, indemnify and hold harmless City and
ItS elected officials, officers, employees, agents, and representatives, from and
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against any and all claims, costs, losses, expenses, demands, actions or causes of
action, including reasonable attorneys' fees and other costs and expenses of
litigation, which may be asserted against or incurred by the City or for which
the City may be liable in the performance of this Agreement, except those
which arise solely from the negligence, willful misconduct, or other fault of the
City, its employees, agents or contractors. Tenant shall defend all claims arising
out of the installation, operation, use maintenance, repair, removal, or presence
of Tenant's Antennae, Equipment and related facilities on the Property.
b.Tenant's Warranty. Tenant represents and warrants that its use of the Water
Tower, Property and Equipment will not generate and Tenant will not store or
dispose of on the Property, nor transport to or over the Water Tower or
Property, any Hazardous Materials in violation of any law or regulation. Tenant
will promptly inform the City in writing if Tenant becomes aware of the
existence of Hazardous Materials on the Property in violation of any law or
regulation. The obligations of this Paragraph 13 shall survive the expiration or
other termination of this Agreement.
14. Damage to the Water Tower or to the Property. Tenant's installation, operation,
maintenance, modification, and removal of the Antennae and Equipment shall not
damage or interfere in any way with the Property or the Water Tower operations
or related repair and maintenance activities. If the activities of Tenant, or those of
its agents, representative, employees, contractors, or subcontractors, cause such
damage or interference, Tenant will cure damage or interference within thirty (30)
days after receipt of written notice or, if the default may not reasonably be cured
within a 30-day period, Tenant must commence an action to cure the default
wIthm a 30-day period and proceed with due diligence to fully cure the default. If
the Tenant fails to cure such damage or interference, the City without further
notice may take such steps as it deems necessary to repair the damage or remedy
the interference, at the sole cost and expense of Tenant.
15. Casualty. If any portion of the Property, Water Tower or Antennae is damaged by
any casualty and such damage materially and adversely affects Tenant's use of the
Water Tower or Property, Tenant may give thirty (30) days' notice of its intention
to terminate this Agreement, in which case the Agreement will terminate on the
date specified in such notice and except as otherwise provided herein, neither
party will have any further rights or obligations under this Agreement. Such
notice must be given within fifteen (15) days of notice of the casualty.
16. Quiet Enjoyment. Tenant, upon paying Rent, shall peaceably and quietly have,
hold and enjoy the Premises and Water Tower. If, as of the date of execution of
this Agreement or hereafter, there is any mortgage, or other encumbrance
affecting the City's Property or Water Tower, then City agrees to obtain from the
holder of such encumbrance an Agreement that Tenant shall not be disturbed in
its possession, use and enjoyment of the Property and Water Tower. The City
shall not cause or permit any use of the Property which interferes with or impairs
the quality of the communIcation services being rendered by Tenant from the
Property.
10
17. Insurance
A. As long as the Agreement is in effect, Tenant shall maintain a general
liability insurance policy that provides coverage for the Property and the
Water Tower from any damage to property or injuries to persons. Said
insurance policy shall provide coverage on an occurrence basis in an
amount no less than Two Million Dollars ($2,000,000), and shall include
contractual liability coverage to provide coverage for the indemnification
provision in Paragraph 13 of this Agreement. Said insurance policy shall
list the City as an additional insured. Said policy shall contain a clause
that provides that the insurer will not cancel, non-renew, or reduce the
coverage of the policy without first giving the City thirty (30) days' prior
written notice. Tenant shall provide the City with a Certificate of
Insurance for said policy with specifically details the conditions of the
paragraph. Tenant shall also maintain fire and extended coverage
insurance insuring Tenant's personal property for its full insurable value
(subject to reasonable deductibles).
B. Notwithstanding anything in this Agreement to the contrary, each party
releases the other party from all liability, whether for negligence or
otherwise, in connection with a loss covered by any first party property
insurance policies which the releasing party carries with respect to the
Property, including the Antennae and Lease Premises, but only to the
extent that such loss is collected under such insurance policy(s). Any
policy required to be obtained pursuant to this Paragraph 17 shall contain a
Waiver of Subrogation in favor of the other party to this Agreement.
18. Condition of Property. Tenant acknowledges that the City makes no
representations or warranties regarding the suitability of the Property or the Water
Tower for Tenant's intended use under this Agreement. City represents that the
Water Tower and Property are in compliance with all building and other
life/safety codes.
19. Condemnation. In the event the while of the Property is taken by eminent domaIn,
this Agreement shall terminate as of the date title to the Property vests in the
condemning authonty. In the event a portion of the Property is taken by eminent
domain, either party shall have the right to termInate this Agreement as of said
date of title transfer, by giving thirty (30) days' written notice to the other party.
In the event of any taking under the power of eminent domain, Tenant shall no be
entitled to any portion of the reward paid for the taking and the City shall received
full amount of such award.
Tenant herby expressly waives any right or claim to any portion thereof. Although
all damages, whether awarded as compensation for diminution in value of the
leasehold or to the fee of the Property, shall belong to City, Tenant shall have the
right to claIm and recover from the condemning authonty, but not from City, such
compensation as may be separately awarded or recoverable by Tenant on account
of any and all damage to Tenant's business and any costs or expenses Incurred by
City In moving/removing its Antennae, Equipment or personal property. Sale of
11
all or part of Water Tower or Property to a purchaser with power of eminent
domain in the face of the exercise of the private shall be treated as a taking by
condemnation.
20. Waiver. Except as otherwise provided in this Agreement, the rights and remedies
of the parties to this Agreement, whether provided by law or by this Agreement
shall be cumulative, and the exercise by it, at the same or different times, of any
such remedies for the same default or breach of any of its remedies for any other
default or breach by the other party. No waiver made by either such party with
respect to the performance, or manner of time thereof, or any obligation under this
Agreement shall be considered a waiver of any rights of the party making the
waiver with respect to the particular obligation of the party or condition to its own
obligation beyond those expressly waived in writing and to the extent thereof, or a
waiver in any respect in regard to any other rights of the party making the waiver
of any other obligation of the other party. Delay by a party hereto in instituting or
prosecuting any cause of action or claim hereunder shall not be deemed a waiver
of any rights hereunder.
21. Miscellaneous.
A. Whole Agreement: Modification: This Agreement contains all of the terms
and conditions relating to the rights granted herein, and replaces any oral
agreements or other negotiations between the parties relating to the
Agreement. No modifications to this Agreement shall be valid unless and
until they have been placed in writing and signed by both parties hereto.
B. Severability: If any term of this Agreement is found to be unenforceable to
invalid by a court of competent jurisdiction, such unenforceable or
invalidity shall not affect the remaining terms of this Agreement, which
shall continue in full force and effect.
C. Authority: Each party represents and warrants that it has full authority to
enter into and to sign this Agreement
D. Counterparts: The parties may sign this Agreement in counterparts.
E. Binding Effect: The terms, conditions, representation and covenants of
this Agreement shall extend to and bind the heirs, personal representatives,
successors and assigns of the City and Tenant.
F. Assignment and Delegation:
(a) By Tenant:
Tenant may not assign, or otherwise transfer all or any part of its interest
in this Agreement or in the Premises without the prior written consent of
City, which will not be unreasonably withheld, conditioned or delayed;
provided, however, that Tenant may assign its interest wIthout City's
consent to Tenant's parent company, any subsidiary or affiliate of it or Its
parent company or to any successor-in-interest or entIty acquiring fifty-
one percent (51 %) or more of its stock or assets, subject to any financing
entity's interest, if any, m this Agreement as set forth in Paragraph 9
above. City may assign this Agreement upon wntten notice to Tenant,
subject to the assignee assuming all of CIty's obligations herein, mcluding
12
but not limited to, those set forth in Paragraph 9 above. Notwithstandmg
anything to the contrary contained in this Agreement, Tenant may assign,
mortgage, pledge, hypothecate or otherwise transfer without consent its
interest in this Agreement to any financing entity, or agent on behalf of
any financing entity to whom Tenant (i) has obligations for borrowed
money or in respect of guaranties thereof, (ii) has obligation evidenced by
bonds, debentures, notes or similar instruments, or (iii) has obligations
under or with respect to letter of credit, bankers acceptances and similar
facilities or in respect of guaranties thereof.
(b) By the City: The City may freely assign its rights and delegate its
duties under this Agreement to a joint powers organization of which it is
now a member, or to any such organization to which it may become a
member during there term of this Agreement.
G. Notices: Notices shall be in writing and personally delivered, sent by
United States mail, postage prepaid, certified or registered with return receipt requested,
or by any nationally recognized overnight courier, service to the following:
If to CIty:
City of Chanhassen
7700 Market Boulevard Box 147
Chanhassen, MN 55317
ATTN: Todd Gerhardt, City Manager
If to Tenant:
T -Mobile Central LLC
8550 W. Bryn Mawr Ave., Suite 100
Chicago, IL 60631
Attn: Lease Administrator (MPLS)
With a copy to:
T -Mobile Central LLC
12920 SE 38th Street
Bellevue, W A 98006
Attn: PCS Lease Administration
H. Estoppel Certificates: Each party agrees to furnish to the other, within ten
(10) days after request, such truthful estoppels information as the other may
reasonably request.
I. Governing Law: This Agreement shall be construed in accordance with
the laws of the State of Minnesota.
J. Broker. If either party is represented by a real estate broker m this
transaction, that party shall be fully responsible for any fee due such broker,
and shall hold the other party harmless from any claims for commission by
such broker.
K. Memorandum of Lease. City agrees to cooperate with Tenant in executing
any documents (mcluding a Memorandum of Lease in the form annexed
hereto as Exhibit D) necessary to protect Tenant's rights hereunder or
Tenant's use of the Water Tower, Equipment or Premises.
13
L. Headings. Headings at the beginning of paragraphs herein are for
convenience of reference, shall not be considered part of this Agreement and
shall not influence its construction.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF CHANHASSEN
BY:
Tom Furlong, Mayor
AND
Todd Gerhardt, City Manager
Federal ID# 410885331
STATEOFMINNESOTA )
) ss.
COUNTY OF CARVER )
The foregomg instrument was acknowledged before me this day of _
2006, by Tom Furlong and Todd Gerhardt, respectively the Mayor and City Manager
of the City of Chanhassen, Minnesota, a municipal corporation, on behalf of the City,
and pursuant to authority granted by its City Council.
Notary Public
14
TENANT:
T -Mobile Central LLC
BY:
Hossein Sepehr, Director, Eng. & Ops.
ST ATE OF MINNESOTA)
) ss.
COUNTY OF HENNEPIN )
The forgoing instrument was acknowledged before me this day of _
2006, by Hossein Sepehr, the Director, Engineering and Operation, ofT-Mobile
Central LLC, a Delaware limited liability company, on behalf of the company.
Notary Public
DRAFTED BY:
CAMBELL KNUTSON
Professional Association
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, MN 55121
Telephone: (651) 452-5000
RNK: sm
15
March 17, 2006
Re: Notification of Future Cellular Antennas on Murray Hill Water Tower
Dear Homeowner:
The City of Chanhassen has been contacted by T-Mobile with a request to locate
cellular telephone antenna equipment on the water tower located near your home.
This letter serves to inform you of the proposal and to hopefully answer some
questions that may arise.
The City operates several water towers throughout the city, and due to their height
they are often used as locations for cellular telephone antennas. This tower has
not been used in the past, but T -Mobile is looking to expand their service
coverage in the Twin Cities area, especially the southwest metro. Below are some
common questions that are often asked in situations such as this.
Question:
What will the equipment look like?
The antennas will be placed on top of the tower and will be painted to match the
existing color. There will be a small building (roughly 50 sq. ft.) located next to
the tower to house computer equipment.
Question:
Will I be able to see the equipment?
The equipment on the actual tower will be able to be seen, but with the matching
paint color it will be less obvious. The small equipment building will be located
on the south side of the tower, and will be surrounded by a wooden fence, so it
should be mostly hidden from view.
Question:
Will the transmissions from the antennas have any adverse
health effects? What about noise from the equipment?
Weare not aware of any adverse health effects from these towers, and have
received no complaints as such from any other towers in the city. The eqmpment
will be housed in the small accessory building, thereby reducing noise leaving the
site.
G:\ADMIN\JM\Cell Phone Towers\Murray Hill residents letter.doc
Question:
What kind of traffic will this mean for the area?
While the antennas are being placed on the tower, there will be an increase in
traffic, but it will be mainly small construction vehicles. The typical time to
install this equipment is a few weeks, and once the equipment is operational, only
routine visits to the site by T-Mobile personnel will occur. The frequency will be
less than what is experienced there now by City personnel checking on the water
tower.
Question:
Why can't they go somewhere else?
Cities actually encourage companies to locate their antennas on existing
equipment so that they do not have to construct separate towers that serve only
one purpose. These single-use towers are often unsightly and are more visible
than existing water towers.
Question:
What is the city's experience with T -Mobile in the past?
The city has recently approved one other agreement with T-Mobile to locate
equipment on our Lake Lucy Road water tower. In this case, they were very easy
to work with and were very receptive to our comments and requests.
I have included some drawings that indicate exactly what the improvements to the
site will look like. I realize that they may be hard to understand, so if you do have
any questions, please feel free to contact me at (952) 227-1118 or
imiller@ci.chanhassen.mn.us. The City Council is planning to approve the lease
agreement with T -Mobile at their meeting on April 10, 2006. If you have any
questions, please contact me beforehand so they can be addressed.
Sincerely,
Justin Miller
Assistant City Manager
Enclosures
G:\ADMIN\JM\Cell Phone Towers\Murray Hill residents letter.doc
CHARLES G GOERS SR
2160 MURRAY HILL CT
EXCELSIOR. MN 55331 -8882
ROBERT & JERI LOU PRCHAL
2150 MURRAY HILL CT
EXCELSIOR. MN 55331 -8882
10SPRING HOMES INC
622 82ND ST W
CHASKA. MN 55318 -4600
GREGORY I & JULIE M NELSON
2165 MURRAY HILLCT
EXCELSIOR. MN 55331 -8882
JANE QUILLING REVSBECH
2155 MURRAY HILL CT
EXCELSIOR. MN 55331 -8882
GILBERT H & JILLENE KREIDBERG
TRUSTEES OF TRUSTS
6444 MURRAY HILL RD
EXCELSIOR. MN 55331 -8994
JOHN D & KATHRYN D DESMET
6454 MURRAY HILL RD
EXCELSIOR. MN 55331 -8994
JOHN J & L YNNETTE J DELUCA
6484 MURRAY HILL RD
EXCELSIOR. MN 55331 -8994
CAROL ASLESEN CHILD
6482 MURRAY HILL RD
EXCELSIOR. MN 55331 -8994
RICHARD E & KAREN HERRBOLDT
6464 MURRAY HILL RD
EXCELSIOR. MN 55331 -8994
DOUGLAS E & MARY K JOHNSON
6474 MURRAY HILL RD
EXCELSIOR. MN 55331 -8994
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Page 1 of 2
Miller, Justin
From: Julie Nelson Uuliemnelson@hotmail.com]
Sent: Wednesday, March 22, 20069:08 PM
To: Miller, Justin
Subject: Proposed T-Mobile Antenna on Water Tower
Wednesday, March 22, 2006
Dear Mr. Miller:
We are writing to both express our concerns and request further information with regards to the City's
intent to locate T-Mobile cellular antenna equipment on the water tower located on the property adjacent
to our home.
Will the transmissions from the antennas have any adverse health effects? Your letter asserts that
you "are not aware of any adverse health effects from these towers". Please share with us the research
you have conducted in this area that has led you to these conclusions. This research should contain the
number of towers/equipment studied, the way in which the neighboring communities were assessed for
health effects, the time period over which the research was conducted, etc. Our concern is that there has
not been sufficient research conducted to determine the specific health effects on our families and
neighbors.
What exactly is the noise level that will be noticed as a result of this new equipment? We worry
that this additional noise pollution will adversely affect both the enjoyment of our peaceful outdoor
space as well as the property value of our home and our neighbors' homes. First, are there local water
towers nearby with the same T-Mobile equipment already installed that we can ViSIt to hear the noise
level for ourselves? You mention the Lake Lucy Road water tower - are we able to visit this location,
or is there another one you would suggest? Second, what research has been conducted on the effect of
such noise pollution on neighboring property values? Have you been able to show that the property
values of properties affected by the noise from the cellular equipment have increased at the same rate as
comparable properties not affected by the noise? If so, could you please share that research with us? If
not, has the City looked into the degree to which the taxes should be decreased to account for the
decrease in future property values of the properties affected by this additional noise pollution?
Note: We currently hear an intermittent but consistent humming noise from the water tower itself. This
noise truthfully keeps us up at night, forcing us to keep our windows closed during the summer months
to drown out as much of the noise as possible. As we are relatively new to the neighborhood and the
city, having moved here within the past year and a half, we have not as of yet voiced our concern with
regards to the noise emanating from the water tower. However, any additional noise commg from this
location will be extremely detrimental to the peaceful neighborhood setting that we had thought we had
moved into to begin with.
What kind of traffic/security will this mean for the area? Because the addition of this new
equipment requires an installation period as well as routine visits to the area, the safety and security of
this area will be affected. With the regular appearance of non-City employees to this area, how does the
CIty mtend to maintain the security of our neighboring properties, back yards, school yards, families and
neighborhoods? Is the City or T-Mobile prepared to build a fence surrounding the road and major traffic
area as a means of protection?
We understand that this water tower is a prime location for T-Mobile with respect to expanding their
3/27/2006
Page 2 of 2
service. We also understand that this contract/relationship is important to the City itself for generating
lease revenue. However, what the City is proposing to do is to lease space in the midst of a residential
zoned area for a business that belongs in a commercial/industrial zoned area. That being said, we
believe that it is the responsibility of T -Mobile and/or the City to ensure that the health and security of
the residents as well as property values be a primary concern. To that end, and commiserate with the
questions and concerns raised in this letter, we expect that 1) proper research has been conducted and
should be communicated to the residents with regards to health concerns, 2) that the residents are
compensated for the additional noise pollution, and 3) that adequate measures will be taken with regards
to security which, at the minimum, will include fencing in the proposed commercial area.
We would appreciate your forwarding this letter along with your response to the City Council members
for their review prior to the April 10, 2006 meeting.
Thank you,
Greg & Julie Nelson
2165 Murray Hill Ct.
Q~tMS_N_M~~~t~~I~itbEREE -'yjQ.~Q_Conver~aJim:L=- the D~Xl_Q~_~lJbing.1Q beingthereJ
3/27/2006
Message
Page 1 of 1
Miller, Justin
From: Jane Quilling Uane@qrhomes.com]
Sent: Tuesday, March 21,20066:48 AM
To: Miller, Justin
Cc: 'Greg Nelson'
Subject: T-mobile Tower
Hi Julie,
We received your letter regarding the T-mobile antenna to be placed on top of the water tower near our home. One
of our neighbors voiced concerned over the noise created by the tower. Your letter mentions a small accessory
building to reduce the noise leaving the site. Will we sit in our yards or in the soccer fields at MMW and have to
listen to a high pitch buzz? Where can we go to listen to see if this is the case? Are any other homes in as close of
proximity to a tower as the neighbors are here?
Your letter states, "We are not aware of any adverse health effects from these towers,.." What research does the
city siting to make this claim? Or is the city unaware because of a lack of due dilligence?
Due to the increased traffic, would the city consider putting up a fence? Or require that T-Mobile pay for a fence?
A fence on the city's side of the road is more practical and esthetically pleasing than a fence on our lots due to the
tree line.
Who do we contact regarding a reduction in our property taxes due to the negative impact on our market values?
Please respond to these questions and forward this email to city council members prior to the April 1 0 meeting.
Jane Quilling
RE/MAX Action West
direct: 952-470-5410
cell: 952-451-3325
fax: 952-401-0880
www.ORHomes.com
3/22/2006
CITY OF
CHANIlASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.2271100
Fax: 952.2271110
Building Inspections
Phone: 952.2271180
Fax: 952.2271190
Engineering
Phone: 952.2271160
Fax: 952.227 1170
Finance
Phone: 952.2271140
Fax: 952.227 1110
Park & Recreation
Phone: 952.227 1120
Fax: 952.2271110
Recreation Center
2310 Coulter Boulevard
Phone: 952.2271400
Fax: 952.227 1404
Planning &
Natural Resources
Phone: 952.2271130
Fax: 952.2271110
Public Works
1591 Park Road
Phone: .952.2271300
Fax: 952.227 1310
Senior Center
Phone: 952.2271125
Fax: 952.2271110
Web Site
WNW. ci.chanhassen.mn.us
March 24, 2006
Chuck Goers
2160 Murray Hill Court
Excelsior, MN 55331
Re: Cellular Telephone Interference
Dear Mr. Goers:
In response to your phone call this morning, I am writing this to answer your questions
regarding potential interference with your television signals from the cellular antennas
proposed to be located on the Murray Hill water tower.
The lease agreement that will be considered by the City Council calls for the following:
Initial Study. Before obtaining a building permit, Tenant must pay for the
reasonable cost of (i) a radio frequency interference study carried out by an
independent and qualified professional selected by the City showing that the
Tenant Antennae use will not interfere with any existing communication
facilities; and (ii) an engineering study showing that the Water Tower is able
to support the Antennae and Equipment, as referred to in Exhibit B hereto,
without prejudice to the City's use of the Water Tower. If the study finds that
there is a potential for interference that cannot be easily remedied or for
prejudice to the Water Tower, the City may terminate this Agreement
immediately and refund any prepaid Rent to Tenant. The City shall order
such studies promptly upon its receipt of the application of Tenant for a
building permit, and shall cause the same to be completed as soon as
reasonably possible. If the City decides to exercise its termination right
under this Subparagraph lIE, then the City shall give Tenant written notice
of such termination within ten (10) days after receipt by the City of the last of
such studies, which notice shall specify the condition disclosed by either
such study upon which the City is basing the exercise as such right and shall
include the refund of such prepaid rent.
I believe that this provides for the City to terminate the lease agreement with T -Mobile if
interference with communications occurs. Again, we have not received complaints like
this in other areas of the city where cellular antennas are located, so I do not anticipate
this being an issue.
If you have any other questions or need more information, please feel free to contact me
at (952) 227-1118.
Sincerely,
Justin Miller
Assistant City Manager
The City of Chanhassen · A growing community with clean lakes, quality schools, a channing downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
G:\ADMIN\JM\CelI Phone Towers\Goers letter.doc
QuestIons and Answers about Wireless Phones
Page 5 of 13
Information on SAR for a specific phone model can be obtained for many recently manufactured phones
using the FCC identification (ID) number for that model. The FCC ill number is usually printed
somewhere on the case of the phone. Sometimes it may be necessary to remove the battery pack to find
the number. Once you have the ID number, go to the following Web address: www.fcc.gov/oet/fccid.
On this page, you will see instructions for entering the FCC ill number. Type the FCC ID number
exactly as requested (the Grantee Code is the first three characters, the Equipment Product Code is the
rest of the FCC ID number). Then click on "Start Search." The "Grant of Equipment Authorization" for
your telephone should appear. Read through the grant for the section on "SAR Compliance,"
"CertificatIon of Compliance with FCC Rules for RF Exposure" or similar language. This section should
contain the value(s) for typical or maximum SAR for your phone.
Phones and other products authorized since June 2, 2000, should have the maximum SAR levels noted
directly on the "Grant of Equipment Authorization." For phones and products authorized between about
mid-1998 and June 2000, detailed information on SAR levels is typically found in the exhibits
associated with the grant. Once a grant is accessed, the exhibits can be viewed by clicking on "View
Exhibit." Grants authorized prior to 1998 are not part of the electronic database but, rather, have been
documented in the form of paper records.
The FCC database does not list phones by model number. However, consumers may find SAR
information from other sources as well. Some wireless phone manufacturers make SAR information
available on their own Web sites. In addition, some non-government Web sites provide SARs for
specific models of wireless phones. However, the FCC has not reviewed these sites and makes no
guarantees of their accuracy. Finally, phones certified by the Cellular Telecommunications and Internet
Association (CTIA) are required to provide SAR information to consumers in the instructional materials
that come with the phones.
Do hands-free kits for wireless phones reduce risks from exposure to RF emissions?
Since there are no known risks from exposure to RF emissions from wireless phones, there is no reason
to believe that hands-free kits reduce risks. Hands-free kits can be used with wireless phones for
convenience and comfort. These systems reduce the absorption of RF energy in the head because the
phone, which IS the source of the RF emissions, will not be placed against the head. On the other hand,
if the phone is mounted against the waist or other part of the body during use, then that part of the body
will absorb more RF energy. Wireless phones marketed in the U.S. are required to meet safety
requirements regardless of whether they are used against the head or against the body. Either
configuration should result in compliance with the safety limit.
Do wireless phone accessories that claim to shield the head from RF radiation work?
Since there are no known risks from exposure to RF emIssions from wireless phones, there is no reason
to belIeve that accessories that claim to shield the head from those emissions reduce risks. Some
products that claim to shield the user from RF absorption use special phone cases, while others involve
nothing more than a metallic accessory attached to the phone. Studies have shown that these products
generally do not work as advertised. Unlike "hand-free" kits, these so-called "shields" may interfere with
proper operation of the phone. The phone may be forced to boost its power to compensate, leading to an
increase in RF absorption. In February 2002, the Federal trade Commission (FTC) charged two
companies that sold devices that claimed to protect wireless phone users from radiation with making
false and unsubstantiated claims. According to FTC, these defendants lacked a reasonable basis to
substantIate their claim.
*" What are wireless telephone base stations?
Fixed antennas used for wireless telecommunications are referred to as cellular base stations cell
,
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Questions and Answers about Wireless Phones
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stations, PCS ("Personal Communications Service") stations or telephone transmIssion towers. These
base stations consist of antennas and electronic equipment. Because the antennas need to be high in the
air, they are often located on towers, poles, water tanks, or rooftops. Typical heights for freestanding
base station towers are 50-200 feet.
Some base stations use antennas that look like poles, 10 to 15 feet in length, that are referred to as
"omni-directional" antennas. These types of antennas are usually found in rural areas. In urban and
suburban areas, wireless providers now more commonly use panel or sector antennas for their base
stations. These antennas consist of rectangular panels, about 1 by 4 feet in dimension. The antennas are
usually arranged in three groups of three antennas each. One antenna in each group is used to transmit
signals to wireless phones, and the other two antennas in each group are used to receive signals from
wireless phones.
At any base station site, the amount of RF energy produced depends on the number of radio channels
(transmitters) per antenna and the power of each transmitter. Typically, 21 channels per antenna sector
are available. For a typical cell site using sector antennas, each of the three transmitting antennas could
be connected to up to 21 transmitters for a total of 63 transmitters. However, it is unlikely that all of the
transmitters would be transmitting at the same time. When omni-directional antennas are used, a cellular
base station could theoretically use up to 96 transmitters, but this would be very unusual, and, once
again, it is unlikely that all transmitters would be in operation simultaneously. Base stations used for
PCS communications generally require fewer transmitters than those used for cellular radio
transmissions, since PCS carriers usually have a higher density of base station antenna sites.
'* Are wireless telephone base stations safe?
The electromagnetic RF signals transmitted from base station antennas stations travel toward the horizon
In relatively narrow paths. For example, the radiation pattern for an antenna array mounted on a tower
can be likened to a thin pancake centered around the antenna system. The individual pattern for a single
array of sector antennas is wedge-shaped, like a piece of pie. As with all forms of electromagnetic
energy, the power decreases rapidly as one moves away from the antenna. Therefore, RF exposure on
the ground is much less than exposure very close to the antenna and in the path of the transmitted radio
signal. In fact, ground-level exposure from such antennas is typically thousands of times less than the
exposure levels recommended as safe by expert organizations. So exposure to nearby residents would be
well within safety margins.
Cellular and PCS base stations in the United States are required to comply with limits for exposure
recommended by expert organizations and endorsed by government agencies responsible for health and
safety. Measurements made near cellular and PCS base station antennas mounted on towers have
confirmed that ground-level exposures are typically thousands of times less than the exposure limits
adopted by the FCC. In fact, in order to be exposed to levels at or near the FCC limits for cellular or
PCS frequencies an individual would essentially have to remain in the main transmitted radio signal (at
the heIght of the antenna) and within a few feet from the antenna. This is, of course, very unlikely to
occur.
When cellular and PCS antennas are mounted on rooftops, RF levels on that roof or on others near by
would probably be greater than those typically encountered on the ground. However, exposure levels
approaching or exceeding safety guidelines should be encountered only very close to or directly in front
of the antennas. In addition, for sector-type antennas, typically used for such rooftop base stations, RF
levels to the side and in back of these antennas are insignificant. General guidelines on antenna
Installations and circumstances that might give rise to a concern about an facility's conformance with
FCC regulations can be found in A Local Government Official's Guide to Transmitting Antenna RF
Emission Safety: Rules, Procedures, and Practical Guidance. This Guide can be accessed at:
http://www . fee. gOY / oet/rfsafety .
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