Governance
Installations On Radio Communication Towers Policy
Policy No: 02/09
Date Approved: April 22, 2009
Date Reviewed: March 26, 2014
Date Amended: March 27, 2019
Reporting Requirements: Annually in first quarter as noted in policy
Legislative Authority: Police Services Act section 31(1)(c)
Policy Statement
The Regional Municipality of York Police Services Board requires a protocol for considering applications made by third parties for the installation of communications equipment upon radio communications towers owned or operated by the Regional Municipality of York Police Services Board.
The Regional Municipality of York Police Services Board’s radio communication towers may be made available to both the public and private sectors for the installation of communications facilities in accordance with the conditions of this policy. In considering requests from third parties for the use of radio communication towers, the radio communication needs of the York Regional Police shall take precedence in all cases.
Purpose
This policy provides a framework for the approval and execution of licence agreements for the installation of third-party communications equipment on communication towers owned or operated by the Regional Municipality of York Police Services Board.
Application and Scope
This policy applies to all applications from third parties to enter into a licence agreement with the Board for the use of any radio communication tower owned or operated by the Board.
The Board is exempt from compliance with the provisions of CPC-2-0-17 Issue 1 “Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements” issued on November 1, 2008, by Industry Canada and therefore the Board has an exclusive right to decide whether a third party may be granted the use of its radio communication towers or not.
Policy Guidelines
- All entities applying to install communications equipment on the Board’s communication towers shall obtain, at their own expense, building and any other necessary permits and approvals from the area municipality in which the property is located. All entities are responsible for acquiring and maintaining the necessary radio licenses from Industry Canada or other regulatory or governmental approvals to provide wireless services.
- All entities applying to install communications equipment on the Board’s communication towers shall obtain and supply to the Board, at their own expense, a certified intermodulation analysis proving that the installation of the applicant’s frequencies will not adversely affect existing radio operations at the site and such analysis shall include study of intermodulation products up to and including the 7th order.
- All entities applying to install communication equipment on the Board’s communication towers shall obtain and supply to the Board, at their own expense, a certified tower loading analysis to determine if the additional equipment will exceed the existing load limits of the tower as per the current CSA Standard S37. (Antennas, Towers, and Antenna-Supporting Structures). If structural enhancements are required to accommodate the applicant’s installation, then, subject to final YRP approval, the applicant is responsible to bear all costs associated with implementing the required structural enhancements.
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All entities obtaining a licence from the Board shall ensure that their equipment is installed and maintained in such a manner that it does not unreasonably contribute to levels of radiofrequency radiation at a particular site. No site shall exceed those levels outlined in Health Canada’s Safety Code 6 “Limits of Human Exposure to Radiofrequency Electromagnetic Fields in the Frequency Range from 3 kHz to 300 GHz”. There shall be a zero-tolerance policy on this and failure to comply will result in immediate eviction.
- All entities installing communications equipment on the Board’s radio communication towers shall enter into a licence agreement with the Board for an initial term of five years with an automatic renewal for successive five-year periods unless terminated or not renewed by either party.
- Licensees shall carry insurance naming the Board as co-insured and shall indemnify the Board against any claims arising from their use of or presence on the Board’s radio communication towers.
- The licensee may terminate the licence agreement upon sixty (60) days' written notice. The Board may terminate the licence agreement forthwith on written notice in the case of overdue payment, bankruptcy, insolvency and other matters, and where the Board believes extenuating circumstances warrant termination.
- Agreements shall describe in some detail the nature of the installation and the floor or externally occupied area involved, and shall include a licence fee. Changes in equipment or usage shall be subject to the Board’s approval and corresponding changes in fees.
- The Board shall not be liable for any damages or claims arising from interruptions or delays in the Licencee’s services arising from the suspension of operations or removal of equipment that is found to be interfering with the other communications equipment.
- There will be an administrative fee for each Telecommunications Request Application Form submitted as outlined in Schedule “A-3” of the licence agreement.
- Licensees must comply with the Licensing and Site Access Protocol being Schedule “C” to the licence agreement, in performing any work in connection with the installation, alteration, repair or maintenance of its communications equipment.
- For the explicit purpose of the enabling interoperability or enhancing public safety with York Regional Police, The Regional Municipality of York, area municipalities, government agencies, and other neighbouring police services, and amateur radio service clubs involved in emergency management planning, as approved by the Region’s Emergency Management Branch, shall be exempt from the payment of licence fees.
- Licence agreements shall not be assigned without the Board’s consent.
- Any licenses granted on or before March 26, 2014 will continue to be subject to the terms and provisions of the applicable licence agreement until their expiration or termination, including the fees set forth in the licence agreement, and will pay fees in accordance with this policy.
- All installations are subject to inspection by York Regional Police to ensure installation best practices, safety and security standards are met. Deficiencies identified to the tenant shall be addressed and rectified within 30 days of formal notification.
- No licenses shall be granted for licenced-exempt equipment (using spectrum that is un-coordinated and non-protected).
- The Board reserves its right to reserve structural capacity and/or specific locations on any tower for the Boards’ future needs.
- Modifications to any installations on any Board property (towers or shelters) require expressed written approval and consent prior to work being performed. Post-modification work will be inspected for conformance to the initial application.
- A tenant's application for exemption or reduction in fees from the standard published fee schedule may be made for consideration by the Chief, or his designate.
- No installation shall take precedence over, nor preclude the effective operations and security of the Board's critical infrastructure. Any and all degradation to emergency services operations are unacceptable and will require remedied immediately otherwise an applicant's installation will be required to cease operations until it has been proven to be corrected to YRPs satisfaction.
- Proper grounding standards, as dictated by the Canadian Electrical Code (CEC), and Canadian Standards Association (CSA) shall be strictly adhered to. Industry guidelines such as Motorolas’ R-56 (Standards and Guidelines for Communication Sites) shall be implemented for all installations wherever and whenever possible.
- Each licensee must provide a designated 24-hour enquiry/response contact name and phone number that can be contacted for emergency situations or to advise of service outages.
Appendix B:
|
Commencement Date of License |
License Fee (per site) |
Annual Fee (per antenna) |
20% Surcharge Middle Third (per antenna) |
40% Surcharge Top Third |
|
12 month period beginning in 2014 |
$18,000.00 |
$816.00 |
$979.20 |
$1,142.40 |
|
12 month period beginning in 2015 |
$18,900.00 |
$856.80 |
$1,028.16 |
$1,199.52 |
|
12 month period beginning in 2016 |
$19,845.00 |
$899.64 |
$1,079.57 |
$1,259.50 |
|
12 month period beginning in 2017 |
$20,837.25 |
$944.62 |
$1,133.55 |
$1,322.47 |
|
12 month period beginning in 2018 |
$21,879.11 |
$991.85 |
$1,190.22 |
$1,388.59 |
| 5% inc year-over-year | ||||
| 12 month period beginning in 2019 |
$22,973.07 |
$1,041.44 |
$1,249.73 |
$1,458.02 |
| 12 month period beginning in 2020 |
$24,121.72 |
$1,093.51 | $1,312.22 | $1,530.92 |
| 12 month period beginning in 2021 |
$25,327.80 |
$1,148.19 | $1,377.83 | $1,607.47 |
| 12 month period beginning in 2022 |
$26,594.19 |
$1,205.60 | $1,446.72 | $1,687.84 |
| 12 month period beginning in 2023 |
$27,923.90 |
$1,265.88 | $1,519.06 | $1,772.23 |