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R14-097 I 11, RESOLUTION NO. R14 -097 2$ A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN FCC NOTIFICATION FOR SPECTRUM MANAGER LEASE AND OWNERSHIP DISCLOSURE INFORMATION FORM FOR SENSUS TECHNOLOGIES AND THE LICENSED FLEXNET a SYSTEM; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the Meter Services Division of the Utilities Department is nearing { 111 completion of the migration from an AMR reading system to an AMI reading system that 12 uses fixed based radio technology; and 131 WHEREAS, the City will lease and use a new frequency that is owned by Sensus ■ 14 Technologies, therefore a disclosure form is necessary for Sensus Technologies to file the 15 , frequency on the City's behalf with the Federal Communications Commission; and 16 WHEREAS, upon recommendation of staff, the City Commission has determined 17 that it is in the best interest of the residents and citizens of the City of Boynton Beach to I 1; authorize the City Manager to sign the FCC Notification for Spectrum Manager Lease and 1 • Ownership Disclosure Information for Sensus Technologies and the licenses FlexNet 2I System. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 2• CITY OF BOYNTON BEACH, FLORIDA, THAT: 2 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 - ( being true and correct. i 261 ; Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 27 authorizes the City Manager to sign the FCC Notification for Spectrum Manager Lease and 2: Ownership Disclosure Information for Sensus Technologies and the licenses FlexNet System, 2• a copy of which is attached hereto as Exhibit "A ". \ \apps3 city cbb\auto \Data\222 \Items\213 \3145 \4091 \Reso_- _FCC_Notification_for_Spectrum_ Manager_ Lease _and_Ownership_Disclosure_Info doc I ■ 11 ' 2 1 Section 3. That this Resolution shall become effective immediately. 1 PASSED AND ADOPTED this 7 day of October, 2014. CITY OF BOYNTON BEACH 5 711: 7' J• _ri-v-1 / 81 I \ II 1d 11 'l » .tk A. 1 2 \ Ncic �� Mayor — • e Casello 13 111 14 15I lei Com David T. ker 17! 2c o ssi one — 1. ac 0 ray 21 221 AR!, _II J 2 Commissioner — Michae M. F patrick 2 ATTEST: ` 2i1.1 / 2 2' iiii. . 2• • Or. • i re - .. 31 • , t M. Prainito, MMC 31 Clerk 34 - 3 G‘1Y OA, 3 $. 'err- ' . • r 3, & Z. tir 0 N \ \apps3 city cbb\ auto \Data\222 \Items\213 \3145 \4091 \Reso - _FCC_Notification_ for_ Spectrum_ Manager_ Lease _and_Ownership_D;sciosure_Info doc R rL -097 FCC Notification for Spectrum Manager Lease and Ownership Disclosure Information In order for Sensus to apply to the FCC on the Customer's behalf for a spectrum manager lease, Customer must complete the information below in boxes one (1) through eight (8) and certify via authorized signature the statements in box nine (9) Customer's signature will indicate that Customer authorizes Sensus to file the spectrum manager lease notification on FCC Form 608 with the Customer as spectrum Lessee, as well as ownership disclosure information on FCC Form 602 Customer /Lessee Name: City of Boynton Beach Attention to: t Name of Real Party in Interest Street Address. 100 E Boynton Beach Blvd Phone: 561 - 742 -6000 Fax: City: Boynton Beach State: FL Zip: 33435 E -mail: a; c Company Name City of Boynton Beach Attention to: Utilities Department Name of Real Party in Interest: Waneya Bryant Street Address: 124 E Woolbright Road Phone 561 - 742 -6427 Fax: 561- 742 -6298 City: Boynton Beach State: FL Zip: 33436 E -mail: bryantb @bbfl us FCC t ,foim.at,cr If known, Customer's FCC Registration Number (FRN): Customer Tax Identification Number (TIN): 4 Entit, 1 , 1 , ❑ Individual ❑ Unincorporated Association ❑ Trust ® Government Entity ❑ Corporation ❑ Limited Liability Company Customer /Lessee is a(n) ❑ General Partnership ❑ Limited Partnership ❑ Limited Liability Partnership ❑ Consortium ❑ Other Please designate one individual (the Director of Public Works or similar person) who is responsible to the FCC for the operation of the FlexNet radio system This person needs to obtain his or her own personal FRN (FCC Registration Individual FRN Number) by going to the FCC website here and completing the individual FRN registration Designated Individual: E -mail: Title: Phone: u It If Customer /Lessee is a government entity, list the names of the Mayor and all Council Members below, as well as verify citizenship and ownership Interests in any entity regulated by the FCC Such ownership must be disclosed where a mayor /council member owns 10% or more, directly or indirectly, or has operating control of any entity subject to FCC regulation If any answer to Ownership question is Yes, or any answer to Citizenship question is No, provide an attachment with further explanation Mayor U.S. Citizen: ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No Council Member: U.S. Citizen: ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No Council Member: U.S. Citizen ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No Council Member: U S. Citizen: ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No Council Member: U.S. Citizen: ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No Council Member: U.S. Citizen ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No Council Member: U.S. Citizen: ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No Council Member: U.S. Citizen: ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No Council Member: U.S. Citizen ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No Council Member: U.S. Citizen: ❑ Yes ❑ No Ownership Disclosure. ❑ Yes ❑ No Council Member: U.S. Citizen: ❑ Yes ❑ No Ownership Disclosure: ❑ Yes ❑ No H +ci' U � i ' v ' .,ea� �i r Y -_ it '?;. • it I tai Is the Customer /Lessee a foreign government or the representative of any foreign government? ❑ Yes ® No o. B,i-i ., :hi, , 1 8 1 Has the Customer or any party to this application had any FCC station authorization, license, or construction permit revoked or had any application for an initial, modification or renewal of FCC station authorization, license ❑ Yes ❑ No or construction permit denied by the Commission? 8 2 Has the Customer or any party to this filing, or any party directly or indirectly controlling the Customer or any L] Yes ❑ No party to this filing ever been convicted of a felony by any state or federal court? 8 3 Has any court finally adjudged the Customer or any party directly or indirectly controlling the Customer guilty of unlawfully monopolizing or attempting to unlawfully monopolize radio communication, directly or indirectly, ❑ Yes ❑ No through control of manufacture or sale of radio apparatus, exclusive traffic arrangement, or any other means or unfair methods of competition? x,51 9 1 The Customer /Lessee agrees that the Lease is not a sale or transfer of the license itself ❑ Yes 9 2 The Customer /Lessee acknowledges that it is required to comply with the Commission's Rules and Regulations and other applicable law at all times, and if the Customer/Lessee fails to so comply, the Lease may be revoked, cancelled, or terminated by either the ❑ Yes Licensee or the Commission 9 3 The Customer /Lessee certifies that neither it nor any other party to the Application /Notification is subject to a denial of Federal benefits pursuant to Section 5301 of the Anti -Drug Abuse Act of 1988, 21 U S C § 862, because of a conviction for possession or ❑ Yes distribution of a controlled substance (See Section 1 2002(b) of the rules, 47 CFR § 1 2002(b), for the definition of "party to the application" as used in this certification ) 9 4 The Customer /Lessee hereby accepts Commission oversight and enforcement consistent with the license and lease authorization The Lessee acknowledges that it must cooperate fully with any investigation or inquiry conducted either by the Commission or the Licensee, allow the Commission or the Licensee to conduct on -site inspections of transmission facilities, and suspend operations at ❑ Yes the direction of the Commission or the Licensee and to the extent that such suspension of operation would be consistent with applicable Commission policies 9 5 The Customer /Lessee acknowledges that in the event an authorization held by a Licensee that it has association with it a spectrum leasing arrangement that is the subject of this filing is revoked, cancelled, terminated, or otherwise ceases to be in effect, the Customer /Lessee will have no continuing authority to use the leased spectrum and will be required to terminate its operations no later ❑ Yes than the date on which the Licensee ceases to have any authority to operate under the license, unless otherwise authorized by the Commission 9 6 The Customer /Lessee agrees the Lease shall not be assigned to any entity that is not eligible or qualified to enter into a spectrum ❑ Yes leasing arrangement under the Commission's Rules and Regulations 9 7 The Customer /Lessee waives any claim to the use of any particular frequency or of the electromagnetic spectrum as against the ❑ Yes regulatory power of the United States because of the previous use of the same, whether by spectrum lease or otherwise 9 8 The Customer /Lessee certifies that it is not in default on any payment for Commission licenses and that it is not delinquent on any ❑ Yes non -tax debt owed to any federal agency The Customer /Lessee certifies that all of its statements made in this Application /Notification and in the schedules, exhibits, attachments, or documents incorporated by reference are material, are part of this Application /Notification, and are true, complete, correct, and made in good faith. The Customer /Lessee shall notify Sensus in writing in the event any information supplied on this form changes. Type or Print Name of Party Authorized to Sign First: MI: Last: Suffix: Title: Customer Name: Signature Date FAILURE TO SIGN THIS APPLICATION MAY RESULT IN DISMISSAL OF THE APPLICATION AND FORFEITURE OF ANY FEES PAID. WILLFUL FALSE STATEMENTS MADE ON THIS FORM OR ANY ATTACHMENTS ARE PUNISHABLE BY FINE AND /OR IMPRISONMENT (U.S. Code, Title 18, Section 1001) AND /OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. Code, Title 47, Section 312(a)(1)) AND /OR FORFEITURE (U.S. Code Title 47, Section 503).