Amendment

{00581467.1} 
 
FIRST AMENDMENT TO COMMUNICATIONS LICENSE  
BETWEEN THE CITY OF MESA AND CROWN CASTLE FIBER LLC 
 
 
That certain License issued by the City of Mesa (“Licensor” or “City”), an Arizona municipal 
corporation, to Crown Castle Fiber LLC (“Licensee”), dated February 10, 2020 (the “License”), is 
hereby amended by this First Amendment, made and entered into as of __________, 202___ by 
and between the City and the Licensee.   
 
WHEREAS, the License established, among other provisions, a right-of-way use fee based 
upon the total linear feet of fiberoptic cable installed on City-owned property; and 
 
WHEREAS, City and Licensee now desire to revise the fee structure to allow for the option 
to base the fee on a percentage of the annual gross revenue Licensee collects from its facilities 
located on City-owned Property; and 
 
WHERES, City and Licensee also desire to correct certain scriveners errors located within 
the License.  
 
NOW, THEREFORE, in consideration of the mutual agreement evidenced herein, the City 
and Licensee agree the to amend the License, as follows: 
 
1. Section 2.13 of the License is stricken in its entirety, and replaced with the following: 
 
2.13  Attached hereto as Exhibit A is a map illustrating the location of 
Licensee's Communications Network. Licensee warrants that Licensee’s 
Communications Network shall be dedicated exclusively to the provision of 
“Telecommunications services,” as that term is defined in Arizona Revised 
Statutes, § 9-581.  If at any time Licensee cannot make such a warrant for any 
portion of Licensee’s Communications Network, then that portion shall be 
subject to the annual per foot linear fee (“'Per Foot Fee”) set forth herein or 
2% of the Gross Revenue Licensee collects from the business it conducts 
using its facilities placed pursuant to this License, whichever is lesser. The 
current Per Foot Fee is $1.89.  Licensee agrees that on each annual 
anniversary of this License that the Per Foot Fee will be adjusted by the 
change to the annual average CPI set forth in Arizona Revised Statutes §9-
583, which is also identified in the City of Mesa Engineering Department’s 
Schedule of Fees and Charges. 
 
2. Section 2.13.1 of the License is stricken in its entirety, and replaced with the 
following: 
 
2.13.1 
Payment of the annual Per Foot Fee or two percent (2%) of Gross 
Revenue owed by Licensee to City shall be made in United States legal tender. 
Payments shall be considered timely if postmarked on or before the due date. 
The "Due Date" shall be on the execution of this License Agreement and on 
or before the first anniversary of the License Date, as defined below, each 
year thereafter. If License fees are not paid by the Due Date. interest of 1.0% 
per month shall accrue on the entire amount due. Any payment received shall

{00581467.1} 
 
first be applied to any interest charges owed, and then to any License fee 
owed. 
 
3. Section 5.1 of the License is stricken in its entirety, and replaced with the 
following: 
 
5.1  
The authority granted by this License to use the Public Highways 
does not authorize Licensee's use of the facilities for operating a cable 
television system, a cable system or authorize the Licensee to operate as a 
cable operator as those terms are defined in the Communications Act of 1934 
as amended, state law. or the City Code. The authority granted by this License 
does not authorize the use of the Public Highways for open video systems as 
defined in the Communications Act of 1996 or as defined or authorized by 
the FCC. The authority granted by this License is not in lieu of any other 
license or franchise the City may require to occupy the highways to provide 
service other than Communications Network services. The Licensee agrees 
that if Licensee leases to others the Communications Network facilities for 
Telecommunications Services or Interstate Telecommunications Services 
pursuant to and as defined by A.R.S. § 9-581 through § 9-584, Licensee shall 
condition the effectiveness of such upon the lessee applying for and obtaining 
from the City any required authorization for such use, including, if required, 
a Telecommunications Services license. an Interstate Telecommunications 
Services license or any other license that may be required by the City. 
 
4. All other provisions of the above referenced License shall remain unchanged. 
 
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day 
and year first written above.   
 
 
CITY OF MESA 
 
 
___________________________________ 
Signature  
 
Lance Webb, PE 
City Engineer 
Crown Castle Fiber LLC 
 
 
____________________________________ 
Signature 
 
 
Name: _______________________________ 
 
 
Title:   _______________________________