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Model Master Right-of-Way License Agreement

February 28, 2017
To assist cities and the industry negotiate terms that balance protection of the local right of way and the needs of wireless infrastructure companies to locate wireless infrastructure, GMA has developed a model Master Right-of-Way License Agreement with Mobilitie, LLC.

This agreement was negotiated by Greg Fender, GMA’s technical consultant for the GMA Telecommunications and Right of Way Management Services program (TRM), in cooperation with Mobilitie LLC, a wireless infrastructure company, on behalf of GMA and Georgia’s cities. The agreement may be used by cities as a template or guideline when negotiating terms with Mobilitie, LLC. It should be used as a starting point to begin negotiations with the company. 
The agreement imposes reasonable safeguards on the placement and maintenance of wireless equipment and facilities in the ROW while also addressing reasonable compensation to be paid by Mobilitie for its use of the ROW. Equally important, the License Agreement will provide a level of consistency between license agreements with cities, as well as streamline and expedite Mobilitie’s access to the ROW.

To obtain a copy of the agreement, please contact Becky Taylor of the GMA staff at btaylor@gmanet.com or (678) 686-6276 or Greg Fender at ghfender@windstream.net or (706) 482-9933.
The information presented in this model agreement is for general informational purposes only and is not intended to be construed as an endorsement of Mobilitie, LLC. The model agreement is not and should not be treated as legal advice.  You should consult with your legal counsel before drafting or adopting any agreement and before taking any action based on this model.  
The sample ordinances, agreements, job descriptions and other documents listed here are provided as examples only and should not be utilized until a thorough analysis of the respective document has been undertaken by the city.

Job descriptions should be written with the assistance of an attorney, industrial psychologist, or consultant skilled in content validity procedures and aware of the potential legal ramifications of job descriptions as imposed by the Fair Labor Standards Act and the Americans with Disabilities Act.

Model and sample ordinances, agreements and other documents are provided for educational purposes only and are not intended to be legal advice. Cities should consult with their city attorney to obtain legal advice about a proposed course of action.