UCB Real Estate Policy And Procedure

Introduction

The purpose of this policy is to provide certain standards and requirements for the establishment of any pole-type antenna sites for wireless telecommunication services on Boulder Campus property by any University or non-University entity. "Antennas for Wireless Telecommunications Services" means antennas attached to buildings or existing structures for the purpose of providing wireless telecommunications services, utilizing frequencies authorized by the Federal Communications Commission (FCC) including, but not limited to, "cellular," "enhanced specialized mobile radio," "paging systems," and "personal communications systems" telecommunications services. The intent of this policy is not to cover the placement of large antenna dishes which are regulated by other policies and procedures.

The Campus recognizes that its rooftops and other property must be considered as strategic assets which should be used primarily to support the conduct of academic, research, outreach and administrative services and activities. Although the Campus will have needs to install antenna systems for Campus business, additional antenna installation capacity may exist that could be used by commercial or not-for-profit entities. The use of Campus buildings and land for this purpose has the potential of generating significant revenues for the Campus as well as for providing telecommunications services for the University and for the citizens and businesses located in the local community.

The Campus should receive reasonable income from the commercial or other use of its facilities for the purpose of providing antenna sites based on available market information.

Co-location and Non-Interference

In order to maximize the Campus' potential for antenna sites, the following requirements must be met for each antenna site installation:

• All agreements for antenna sites must be non-exclusive and reasonably ensure non-interference with existing or future installations consistent with the Campus' spectrum management plans.
• No antenna owner or lessee shall act to exclude or attempt to exclude any other telecommunications provider from the same building for the location of other antennae.
• An antenna owner or lessee shall cooperate in good faith to achieve co-location of antennae with other telecommunications providers. If disputes arise about the technical feasibility of co-location with another telecommunications provider, the University may require a third party technical study, at the expense of both parties, to resolve the dispute.
• Antenna site agreements should be specific to a proposed application or use and changes in application or use must be approved in advance by the University.
• No antenna owner or lessee shall assign or sublet an antenna site agreement with the University without the University's approval.

Design Standards and Guidelines:

An antenna for wireless services should meet the following design standards and guidelines:

• The antenna must be architecturally compatible with the building and wall or other structure on which it is mounted, and designed and located so as to minimize any adverse aesthetic impact.
• All antennae mounted on a wall surface of a building must be installed as close and flush to the wall as technically possible. It shall not project above the wall on which it is mounted unless technically infeasible to do so.
• A wall antenna may be attached to a penthouse which rises above the roof of a building, but may not project above the penthouse wall.
• If a wall mounted antenna is infeasible, any roof antenna shall not exceed four (4) feet in height above the top-most point of any parapet or screen wall.
• Base stations and related equipment may be located adjacent to roof-top mounted antennae if such base station and related equipment are screened from view by materials that are consistent and compatible with the design, color, and materials of the building.

Compliance with FCC Standards

No antenna owner or lessee shall fail to assure that the antenna complies at all times with the current applicable FCC regulations for cumulative field measurements of radio frequency power densities and electro-magnetic fields. After installation, but prior to putting the antenna in service, each antenna owner shall provide a certification by an independent professional engineer to that effect.

No antenna owner or lessee shall fail to comply with current applicable FCC regulations prohibiting localized interference with reception of television and radio broadcasts.

University Relocation Rights

The University needs to preserve its flexibility to meet its programmatic goals and program needs as a priority over its desire to support the wireless telecommunication needs of the community and businesses. Therefore, the Boulder Campus will be provided with reasonable relocation rights for all privately and University-owned antennas to allow the Campus maximum flexibility in the use of building rooftops and mechanical room areas. Such relocation rights shall be specified in each license agreement.

Use of Revenue

The revenue derived from antenna sites will be made available to the Chancellor for discretionary use. Auxiliary building managers can request that revenue generated from their building be used to support their auxiliary programs.

Process for Review and Approval

The Boulder Campus Real Estate Office will be responsible for the development and processing of all requests for antenna site licenses. Applicants should begin the process by contacting the Director of Real Estate (492-1525). The Director will guide the applicant through the application and review process and develop the final license agreement for execution. Applicants will be responsible for reimbursing the Campus for any reasonable out-of-pocket expenses incurred in the review and approval processes for antenna sites.

University Approvals

All proposed antenna for wireless services must be approved by the following departments:

The Campus department (i.e., Facilities Management, Housing, UMC, etc.) responsible for the operations and maintenance of the building being considered as an antenna site. The responsible department must approve the conceptual use of the space for the antenna site as well as all proposed design and construction drawings;

The CU-Boulder Campus Architect for the exterior design sufficiency and compatibility with the buildings and grounds of the University. A comprehensive review will be coordinated by the Campus Architect that may include internal and external approval committees or boards.

The Department of Telecommunication Services for consistency with the Campus' spectrum management plans and requirements;

The Department of Real Estate for the business terms of the proposed agreement;

University Counsel for the legal adequacy of the proposed agreement and to recommend execution of the agreement by the Boulder Campus Chancellor.

Date: December 16, 1996
Approved by: Richard L. Byyny, Chancellor
Contact: Director of Real Estate