Common use of Radio Frequency Interference Clause in Contracts

Radio Frequency Interference. (A) The City will provide Licensee information regarding any radio frequency band on or about the Airports of which the City has knowledge. The information will include, to the extent known by the City, the specific frequencies utilized, the user and the purpose of the use, except to the extent that such information is deemed to be security sensitive information by the FAA or TSA. The listing may also include potential uses identified, but unverified, by the City. Licensee acknowledges that this listing will not encompass all use of radio frequency bands on or about the Airports. Moreover, the absence of specific knowledge by the City of any particular radio frequency use is not necessarily indicative of either the absence of authority for the particular use or the relative unimportance of such use. Notwithstanding the foregoing, Licensee shall be responsible for periodically performing a thorough and complete RF survey, intermodulation analysis and RF interference report, all of which shall be submitted to the City for review and approval. (B) licensee agrees that its construction and operation of the WCAS shall not interfere with any existing radio frequency uses (and users) at the Airport (an “Existing RF Use”) so long as those Existing RF Uses: (a) are by the City, by a governmental authority, or are authorized by the City pursuant to a written agreement, (b) continue to operate as they are currently operating, and (c) otherwise comply with all applicable Legal Requirements. If the City learns that the WCAS interferes with or otherwise disturbs such an Existing RF Use, the City will provide Licensee with written notice of such interference, and Licensee shall take immediate action to begin correcting the same and shall diligently pursue such correction until the interference or disruption is corrected. If licensee does not correct the same promptly (and in any event, within sixty (60) days after receipt of the City’s notice), that failure shall constitute an Event of Default under Article 9. In the event that the operation of the WCAS interferes with an Existing RF Use of a Tenant, Licensee shall promptly cooperate with the Tenant to resolve the interference in accordance with applicable Legal Requirements. (C) Except to the extent required by the FCC, the FAA, the TSA or any other governmental authority having jurisdiction, the City will not grant any new lease, license or other permit to any third party for use of any radio frequency band that will interfere with Licensee’s use of the WCAS as permitted under this Agreement. If the City (through actions occurring either on an Airport or off an Airport in support of operations on the Airport) makes use, other than an Existing RF Use, of any radio frequency band that materially interferes with or otherwise materially disturbs Licensee’s ability to provide Communications Services, then licensee shall so notify the City. Such notice shall identify the source or sources of such interference, the impact of the interference on Communications Services, and a recommendation for preventing or mitigating such interference. Upon receipt of such notice, the City will take reasonable and appropriate action, to the extent that it is within the City’s authority, to resolve such interference so that it no longer materially interferes with or materially disturbs licensee’s ability to provide Communications Services. In addition, licensee may seek to enforce spectrum license rights granted to Licensee by the FCC through action at the FCC. In the event that neither the City nor the FCC is able to reasonably resolve the interference within ninety (90) days of the later of City’s receipt of Licensee’s notice and FCC’s receipt of Licensee’s complaint, the City and licensee may renegotiate and amend the terms of this Agreement to reflect the impact of the interference on Communications Services.