FCC Notification of Spectrum Manager Lease Ownership Disclosure Infomation & Spectrum Lease Agreement -
FCC Notification for Spectrum Manager Lease
Ownership Disclosure Information
and
Spectrum Lease Agreement
("Agreement")
This Agreement contains two parts: Part (1) is The FCC Notification for Spectrum Manager Lease, to be filed
with the FCC by Sensus on behalf of the Customer, coupled with Ownership Disclosure Information required for
the FCC lease and Part (2) is a Spectrum Lease Agreement between Sensus as Lessor and Customer as
Lessee. Together,these two parts create the Agreement.
The number of pages in this Agreement is indicated below, and Customer represents that it has received,
reviewed, and completed the entire Agreement. By their signatures below, the parties agree to the terms and
conditions set forth In this Agreement. The parties have caused this Agreement to be executed by their duly
authorized representatives as of the day and year written below.
Sensus USA Inc. & Sensus Spectrum, LLC Customer City of Salina(KS)
(together,"Sensus")
Sensus USA Inc.
Signature:
Signature:
Name: Jaso A.Gage
Name: Colin Flannery
Title: City Manager
Title: Vice President
Date: 6-17-1S.
Date: 06/19/15
Sensus Spectrum, LLC Customer contact person for FCC filings:
Signature: — Name: Martha A.Tasker
Name: Colin Flannery Phone: 785-309-5725
Title: Vice President Email: martha.tasker(aasalina.orq r,
Date: 06/19/15 Customer FRN:
Customer Tax ID:48-6017228
0
SErISLBS
Page 1 of 10
Part 1: Notification for Spectrum Manager Lease
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 ten (10) and certify via authorized signature. 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,
and if Customer does not already have one,ownership disclosure information on FCC Form 602.
Customer l Lessee Information
Hi Customer/Lessee Name:City of Salina,Kansas
Attention To:Martha A.Tasker Name of Real Party in Interest
Street Address:300 W.Ash;P.O.Box 736 City: Salina
State:KS Zip:67401 Phone:785-309-5725
Fax:785-309-5713 I Email: martha.tasker @salina.org
Is Customer contact Information same as above?❑Yes ❑No (If No,complete box 2 below)
Additional Customer/Lessee Contact Information
2 Company Name:
Attention To:
Street Address: City:
State: Zip: Phone:
Fax: Email:
[21 Customer/Lessee Is a(n)(Select one):❑Individual I❑Unincorporated Association I❑Trust
0 Government Entity I ['Corporation I❑Limited Liability Company I ❑General Partnership
['Limited Partnership I❑Limited Liability Partnership I ❑Consortium I ❑Other
4 FCC Form 602:FCC File Number of Customer's Form 602 Ownership Information: . If Customer has not filed a
Form 602,Sensus will file one for Customer. Please complete questions 5,6,and 7 below if Customer does not have a Form
602 on file.
Customer must complete items 8,9 and 10 irrespective of whether Customer has an ownership report on file.
I '1 Customer Tax ID: 48-6017228
L6_1 Individual Contact For FCC Matters
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.
Name Martha A.Tasker
Title: Director of Utilities
Email: marthatasker@salina.org Phone: 785-309-5725
Page 2of10
Ownership Disclosure Information
7 Customer/Lessee to 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.
US Citizen? Ownership Disclosure?
Mayor. Jon R.Blanchard DYes ❑No Oyes ®No
Council Member: Kaye J.Crawford iyes ❑No DYes ®No
Council Member: Trent Davis Yes ❑No EYes ®No
Council Member: Randall Hardy Yes ❑No ❑Yes No
Council Member: Karl Ryan eYes ❑No Oyes No
Council Member. Dyes ❑No Dyes ❑No
Council Member. Dyes ❑No Dyes ❑No
Council Member. Dyes ❑No DYes ❑No
Council Member. DYes ❑No DYes ❑No
Council Member. ❑Yes CI No Oyes ❑No
5-1 Alien Ownership Questions(if the answer is Yes,provide an attachment explaining the circumstances)
11)Is the Customer/Lessee a foreign government or the representative of any foreign government? I DYes giNo I
— Basic Qualification Information
9 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 or construction permit denied by the Commission? DYes No
2)Has the Customer or any party to this filing,or any party directly or indirectly controlling the Customer ❑Yes ®No
or any party to this filing ever been convicted of a felony by any state or federal court?
. 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
ales ►1 No
communication, directly or indirectly, through control of manufacture or sale of radio apparatus,
exclusive traffic arrangement,or any other means or unfair methods of competition?
Customer/Lessee Certification Statements _
10 1)The Customer/Lessee agrees that the Lease is not a sale or transfer of the license itself. IYes
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 ®(es
Lease may be revoked,cancelled,or terminated by either the Licensee or the Commission.
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.0 § 862, because of a conviction for possession or distribution of a controlled substance (See ®Yes
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.)
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 ®Yes
the Licensee to conduct on-site inspections of transmission facilities, and suspend operations at the
direction of the Commission or the Licensee and to the extent that such suspension of operation would
be consistent with applicable Commission policies.
Page 3 of 10
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 ElYes
to use the leased spectrum and will be required to terminate its operations no later than the date on
which the Licensee ceases to have any authority to operate under the license, unless otherwise
authorized by the Commission.
6) The Customer/Lessee agrees the Lease shall not be assigned to any entity that is not eligible or ®Yes
qualified to enter into a spectrum leasing arrangement under the Commission's Rules and Regulations.
7) The Customer/Lessee waives any claim to the use of any particular frequency or of the
electromagnetic spectrum as against the regulatory power of the United States because of the previous ®Yes
use of the same,whether by spectrum lease or otherwise.
8)The Customer/Lessee certifies that it is not in default on any payment for Commission licenses and ®Yes
that it is not delinquent on any non-tax debt owed to any federal agency.
The CustomerfLessee 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 Printed Name of Party Authorized to Sign
First Name: MI: Last Name: Suffix
Jason A Gage
Title: Customer Name:
City Manager City of Salina, Kansas
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).
Page 4 of 10
Part 2:SPECTRUM LEASE AGREEMENT
Background
A. Customer has bought or will buy or use FlexNet equipment manufactured by Sensus;
B. Sensus is leasing spectrum to Customer to operate the FlexNet equipment
C. The spectrum that Sensus is leasing is authorized by Sensus'FCC License(s);and
D. Sensus is leasing spectrum to Customer in the area where FlexNet equipment will be operated(the"Service Areas).
Agreement
A. Spectrum Lease. Sensus hereby grants to Customer and Customer accepts a spectrum manager lease (°Lease°)over the
frequencies of the FCC License and solely within Customer's Service Area. (The frequencies of the FCC License within
Customer's geographic Service Area are called the°Leased Spectrum"). For use of the spectrum,Sensus shall partition$900
from the annual/monthly or other ongoing fees already being paid by Customer, and such amount is hereby allocated to the
spectrum Lease pursuant to this Agreement.
B. FCC Forms. At the Federal Communications Commission(FCC),Sensus will;(1)obtain an FCC Registration Number(FRN)
for Customer; (2) submit on behalf of Customer the FCC Form 602 Ownership Disclosure Information if Customer has not
already done so; and (3) file a FCC Form 608, notification/application for long-term spectrum manager lease. This Lease
becomes effective when the FCC accepts the FCC Form 608.
C. Lease Application. In order to complete the FCC lease application,Customer will:
i. Complete and sign the representations in Part 1 of this Agreement such that Customer demonstrates it qualifies for a
spectrum lease under FCC rules. Customer's signature will Indicate that Customer authorizes Sensus to; (1)obtain an
FRN on behalf of Customer; (2) submit the FCC Form 602 Ownership Disclosure Information on behalf of Customer If
Customer has not already done so; and (3) file the spectrum manager lease notification on FCC Form 608 with the
Customer as spectrum lessee.
ii. Give Sensus the coordinates of the boundaries of Customer's Service Area or,alternatively, approve Sensus'estimation
of the same.
III. If Customer has not already done so; Customer hereby authorizes Sensus to apply on Customer's behalf and obtain for
Customer a Federal Registration Number(FRN, the FCC's unique identifier for each licensee)and shall supply Sensus
with Customer's Taxpayer Identification Number(TIN).
iv. Provide any other information or other cooperation reasonably necessary for the Parties to perform as set forth herein.
D. Permitted Use of Spectrum Lease. Customer may transmit or receive over the Leased Spectrum only in the Service Area
and only using FlexNet equipment manufactured by Sensus and used in accordance with Sensus'specifications. Customer
may use the Leased Spectrum only to read and direct meters in support of Customer's primary utility business or any other
operation approved by Sensus in writing. Without limiting the foregoing,Customer is prohibited from reselling, subleasing or
sublicensing the Leased Spectrum or from transmitting voice communications over the Leased Spectrum.
E. Term of Spectrum Lease. Unless terminated earlier(because for example Customer stopped using the FlexNet equipment),
this Lease will have the same term as the FCC license. If Customer is operating in compliance with this Agreement and
Customer's underlying agreement with Sensus and Is current on any payments owed to Sensus, when the FCC License
renews,the Parties wit apply to the FCC to renew this Lease.
F. Termination of Spectrum Lease. The Lease will terminate: (a)two months after Customer stops transmitting with FlexNet
equipment manufactured by Sensus;(b)upon termination,revocation or expiration of the FCC License;or(c)upon Customer's
breach of this Agreement
G. FCC Compliance. The following FCC requirements apply
i. Pursuant to 47 CFR 1.9040(a);
(a) Customer must comply at all times with applicable FCC rules. This Agreement may be revoked by Sensus or the
FCC if Customer fails to so comply;
(b) If the FCC License is terminated, Customer has no continuing right to use the Leased Spectrum unless otherwise
authorized by the FCC;
(c) This Agreement Is not an assignment,sale or other transfer of the FCC License;
(d) This Agreement may not be assigned except upon written consent of Sensus,which consent may be withheld in its
discretion;and
(e) In any event,Sensus will not consent to an assignment that does not satisfy FCC rules.
ii. Referencing 47 CFR 1.9010, Sensus retains de jure and de facto control over the applicable radio facilities,Including that,
Page 5 of 10
(a) Sensus will be responsible for Customer's compliance with FCC policies and rules. Sensus represents and warrants
that it has engineered the FlexNet equipment and accompanying software and other programs to comply with FCC
rules. Customer will operate the FlexNet equipment subject to Sensus' supervision and control and solely in
accordance with Sensus'specifications. Sensus retains the right to inspect Customer's radio operations hereunder
and to terminate this Agreement or take any other necessary steps to resolve a violation of FCC rules, including to
order Customer to cease transmission. Sensus will act as spectrum manager in assigning spectrum under the FCC
License so as to avoid any harmful interference or other violation of FCC rules. Sensus will be responsible for
resolving any interference complaints or other FCC rule violations that may arise;and
(b) Sensus will file any necessary FCC forms or applications and Customer agrees reasonably to assist Sensus with
such filing by providing any necessary information or other cooperation. Sensus will otherwise interact with the FCC
with respect to this Agreement,the FCC License or FlexNet equipment.
H. Interference. Customer agrees to report to Sensus promptly, and in no event later than 72 hours afterward, any incident
related to the Leased Spectrum, including where Customer experiences harmful interference, receives a complaint or other
notice of having caused harmful Interference, or receives any type of communication from the FCC or other government
agency regarding radio transmission.
I. Limitation of Liability. Each parties' liability in any and all causes of action arising under, out of or in relation to this
Agreement, its negotiation, performance, breach or termination (collectively, 'Causes of Action') shall be limited to direct
damages. Neither party shall be liable for any indirect, incidental, special or consequential damages. This is so whether the
Causes of Action are in tort, induding, without limitation, negligence or strict liability, in contract, under statute or otherwise.
The limitations on liability set forth in this Agreement are fundamental inducements to both parties to enter into this
Agreement They apply unconditionally and In all respects. They are to be interpreted broadly so as to give the maximum
protection permitted under law.
jRest of this page Intentionally left blank]
Page 6of10
EXHIBIT A
FCC LICENSE(S)AND LICENSED FREQUENCIES
Mark et Channel
CaII Sign Number 131�l Market Name
WQDQ25O BEA122 AQ Wichita, KS-OK
WQDQ 25I BEA122 AR Wichita, KS-OK
WQD 252 BEA122 AS Wichita, KS-OK
WQDQ 253 BEA122 AT Wichita, KS-OK
Page 7 of 10
EXHIBIT B
GEOGRAPHIC BOUNDARIES OF UTILITY'S SERVICE AREA
Channels Locations
(Base/Remote Frequency) (Coordinates)
932.0500-932.06251941.0500- Area 1
941.0625
932.0625-932.0750 /941.0625- 38 53 03.0 N, 097 35 18.9 W
941.0750 38 52 27.8 N, 097 35 18.9 W
932.0750-932.0875/941.0750- 38 52 22.8 N, 097 35 27.0 W
941.0875 38 52 24.0 N, 097 35 54.3 W
932.0875-932.1000/941.0875- 38 52 45.3 N, 097 35 54.6 W
941.1000 38 52 50.1 N, 097 35 42.9 W
38 52 50.6 N, 0973536.8W
38 52 58.4 N, 0973527.3W
Area 2
38 53 45.7 N, 097 37 01.2 W
38 53 45.1 N, 097 36 55.4 W
38 53 37.1 N, 097 36 45.0 W
38 53 23.0 N, 097 36 44.3 W
38 53 23.1 N, 097 36 38.2 W
38 53 13.4 N, 097 36 28.4 W
38 52 41.0 N, 097 36 27.1 W
38 52 40.0 N, 097 36 11.2 W
38 52 35.7 N, 097 36 27.1 W
38 52 26.8 N, 097 36 28.1 W
38 52 27.1 N, 097 36 10.9 W
38 52 14.2 N, 097 38 10.2 W
38 52 11.1 N, 097 36 27.1 W
38 51 52.7 N, 097 36 27.4 W
3851 47.6 N, 0973601.8W
38 51 47.1 N, 097 3611.5 W
38 51 24.9 N, 097 36 11.5 W
38 51 24.9 N, 0973551.7W
38 51 31.9 N, 097 35 37.7 W
38 51 37.5 N, 097 35 38.1 W
38 51 38.3 N, 097 35 24.1 W
38 51 46.4 N, 097 35 24.1 W
38 51 46.4 N, 0973506.2W
38 51 21.2 N, 097 35 04.7 W
38 51 21.4 N, 097 34 48.3 W
3851 30.4 N, 0973448.4W
3851 32.7 N, 0973432.4W
3851 21.6 N, 0973432.4W
3851 21.8 N, 0973339.2W
Page 8 of 10
38 51 08.7 N, 097 33 55.7 W
38 51 07.9 N, 097 34 39.8 W
38 50 37.3 N, 097 34 38.9 W
38 50 31.7 N, 097 34 30.2 W
38 50 31.7 N, 097 34 03.2 W
38 50 50.2 N, 0973402.9W
38 50 50.7 N, 097 33 56.7 W
38 50 30.0 N, 097 33 55.7 W
38 50 29.5 N, 097 33 26.5 W
38 50 14.8 N, 097 33 27.1 W
38 50 14.6 N, 097 33 47.9 W
38 49 50.0 N, 097 33 48.3 W
38 49 50.3 N, 097 33 26.8 W
38 49 37.9 N, 097 33 27.8 W
38 49 37.6 N, 0973343.4W
38 48 44.8 N, 097 33 43.7 W
38 48 45.0 N, 097 33 27.1 W
384753.2 N, 097 33 27.1 W
38 47 52.9 N, 097 34 00.3 W
38 47 33.2 N, 097 34 00.9 W
38 47 26.9 N, 097 34 12.0 W
38 47 26.4 N, 0973433.4W
38 47 52.6 N, 097 34 42.6 W
38 47 51.4 N, 097 35 08.5 W
38 47 38.0 N, 097 35 09.2 W
38 47 38.3 N, 097 35 38.1 W
38 47 26.9 N, 097 35 38.1 W
38 47 26.9 N, 097 35 06.2 W
38 47 00.1 N, 097 35 06.6 W
38 47 00.1 N, 097 35 39.0 W
38 46 08.0 N, 097 35 40.7 W
38 46 08.5 N, 097 35 57.5 W
38 46 18.1 N, 0973558.5W
38 46 18.6 N, 097 36 13.1 W
38 46 46.7 N, 097 36 13.5 W
38 46 47.5 N, 097 36 44.7 W
38 45 50.6 N, 097 36 47.7 W
38 45 50.4 N, 0973703.2W
38 45 42.5 N, 097 37 02.8 W
38 45 42.5 N, 0973736.6W
38 46 07.8 N, 097 37 36.5 W
38 46 09.6 N, 097 37 09.5 W
38 46 34.4 N, 097 37 03.9 W
38 46 34.8 N, 097 37 53.2 W
38 46 08.7 N, 097 37 53.0 W
38 46 07.8 N, 097 38 26.6 W
38 4616.5 N, 097 38 26.5 W
38 46 17.5 N, 097 39 50.0 W
38 46 35.4 N, 0974007.0W
38 47 20.6 N, 097 40 06.4 W
38 47 27.3 N, 097 40 15.5 W
38 47 27.3 N, 0974039.7W
38 47 53.8 N, 0974039.3W
Page 9 of 10
38 47 53.6 N, 097 40 30.9 W
38 48 02.5 N, 097 40 30.7 W
38 48 02.4 N, 097 40 05.9 W
38 47 53.8 N, 097 40 05.9 W
38 47 53.6 N, 097 38 59.9 W
38 48 58.9 N, 097 38 59.1 W
38 48 58.7 N, 097 38 48.2 W
38 49 04.9 N, 097 38 48.2 W
38 49 04.8 N, 097 38 43.2 W
38 48 58.9 N, 097 38 43.4 W
38 48 58.6 N, 0973825.7W
38 48 45.6 N, 097 38 25.5 W
38 48 45.1 N, 097 38 01.0 W
38 49 23.8 N, 097 38 20.3 W
38 49 31.4 N, 097 38 42.4 W
38 49 43.6 N, 0973842.7W
38 49 43.9 N, 097 38 25.4 W
38 50 03.3 N, 097 38 33.0 W
38 50 03.2 N, 097 37 51.7 W
38 50 33.1 N, 097 37 51.6 W
38 50 43.6 N, 097 37 35.0 W
38 51 05.0 N, 097 37 21.5 W
38 51 12.7 N, 097 37 10.2 W
3851 31.1 N, 0973708.0W
38 51 38.1 N, 097 37 03.7 W
38.51 47.7 N, 0973701.2W
38 52 01.1 N, 097 37 01.5 W
38 52 01.2 N, 0973650.7W
38 52 11.6 N, 097 36 51.3 W
38 52 25.0 N, 097 36 46.9 W
38 52 25.7 N, 097 37 00.6 W
38 52 30.8 N, 0973717.9W
38 52 53.1 N, 097 3717.9 W
38 52 52.5 N, 097 37 01.1 W
38 53 06.6 N, 0973700.9W
38 53 06.7 N, 097 36 49.2 W
38 53 32.3 N, 097 36 49.4 W
38 53 32.4 N, 097 37 01.1 W
Area 3
38 51 22.3 N, 097 37 48.0 W
38 51 22.2 N, 097 37 20.5 W
38 51 09.0 N, 097 37 20.5 W
3851 09.0 N, 0973737.3W
3851 02.1 N, 0973737.4W
38 51 02.2 N, 097 37 43.9 W
38 51 09.3 N, 097 37 44.1 W
3851 08.9 N, 0973748.0W
Page 10 of 10