HomeMy WebLinkAbout99-258 Resolution No. 99-258
RESOLUTION
AUTHORIZING EXECUTION OF A MUNICIPAL FACILITIES USE AGREEMENT
WITH METRICOM, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute a Municipal Facilities Use
Agreement on behalf of the City of Elgin with Metricom, Inc .
for Ricochet Wireless Digital Data Communications Network, a
copy of which is attached hereto and made a part hereof by
reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: October 13 , 1999
Adopted: October 13 , 1999
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
City of Elgin
Municipal Facilities Use Agreement
THIS MUNICIPAL FACILITIES USE AGREEMENT (this "Use Agreement") is dated as of
r 1 R 1999 , (the "Effective Date"), and entered into by and between the City of
Elgin, an Illinois "home rule" municipal corporation (the "City"), and METRICOM, INC., a
Delaware corporation ("Metricom").
Recitals
A. Metricom is in the business of constructing, maintaining, and operating a
wireless digital data communications radio network known as Ricochet®, a network operated
in accordance with regulations promulgated by the Federal Communications Commission,
utilizing Radios (as defined in § 1.15 below) and related equipment certified by the Federal
Communications Commission.
B. Metricom is and will throughout the term of this Use Agreement be both "a
retailer maintaining a place of business in this State" and be engaged in the "sale of
telecommunications at retail," as each of those terms are defined in the Illinois
Telecommunications Municipal Infrastructure Maintenance Fee Act, P.A. 90-154 (the
"TMIMF Act"), and in Sections 4.60.O10C and 4.60010D of the Elgin Municipal Code,
1976, as amended.
C. Subject to reasonable municipal regulations concerning the time, location,
manner of attachment, installation, maintenance of its facilities, and payment of such
telecommunications infrastructure maintenance fees as may be required under the TMIMF
Act and local ordinances enacted pursuant thereto, Metricom has the right under federal
and Illinois law to install telecommunications facilities in the public right-of-way, as defined
herein.
D. Metricom wishes to locate, place, attach, install, operate, and maintain Radios
on municipal facilities owned by the City, as well as facilities owned by third parties, located
in the public right-of-way for purposes of operating Ricochet®.
E. Metricom's right to install telecommunications facilities in the public right-of-
way under the conditions aforesaid does not extend to the installation by Metricom of
telecommunications facilities on "municipal facilities," as defined herein, and access to said
municipal facilities requires separate agreement with the City.
F. Metricom and the City, having reached agreement on the terms and
conditions of Metricom's access to municipal facilities, now desire to reduce this agreement
to writing in the form of this Use Agreement, so as to more particularly set forth the terms
and conditions of said access and such other mutual agreements, representations and
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covenants which have been agreed between the parties as consideration for entering into this
Use Agreement.
Agreement
Now, therefore, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree to the following covenants, terms, and
conditions:
1 DEFINITIONS. The following definitions shall apply generally to the provisions of this
Use Agreement:
1.1 Abandoned. "Abandoned" shall refer to any Radio installed on a municipal facility
that has been left by Metricom in an unused or non-functioning condition for more
than one hundred and twenty (120) consecutive days, unless Metricom shall establish
to the reasonable satisfaction of the City that the Radio(s) in question has (have)
continued viability at its (their) location(s).
1.2 Agency. "Agency" means any governmental or quasi-governmental agency other than
the City, including the Federal Communications Commission and the ICC (as such
term is defined in § 1.3 below).
1.3 ICC. "ICC" means the Illinois Commerce Commission.
1.4 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of
general application to Persons doing business in the City lawfully imposed by any
governmental body (but excluding any utility users' tax, franchise fees,
telecommunications tax, telecommunications infrastructure maintenance fee or similar
tax or fee).
1.5 Illinois Local Government and Governmental Employees Tort Immunity Act. "Illinois Local
Government and Governmental Employees Tort Immunity Act" shall refer to and
incorporate by reference the Public Act of the State of Illinois of the same name and
set forth in 745 ILCS 10/1-101, et seq., now or hereafter amended.
1.6 Installation Date. "Installation Date" shall mean the date that the first Radio is
installed by Metricom in the public right-of-way on a municipal facility pursuant to
this Use Agreement.
1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions,
regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders,
or other requirements of the City or other governmental agency having joint or
several jurisdiction over the parties to this Use Agreement, and all subsequent
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amendments thereto, as may be in effect either as of the Effective Date or at any
time during the presence of Radios in the public right-of-way.
1.8 Local public entity. "Local public entity" shall have the same meaning as that set forth
in Section 1-206 of the Illinois Local Government and Governmental Employees Tort
Immunity Act (745 ILCS 10/1-101, et seq., 1011-206), now or hereafter amended.
1.9 Metricom. "Metricom" means Metricom, Inc., a corporation duly organized and
existing under the laws of the State of Delaware, and its lawful successors, assigns,
and transferees.
1.10 Municipal Access Program. "Municipal Access Program" means the discount program
described in § 4.4 below.
1.11 Municipal Facilities. "Municipal Facilities" means City-owned street light poles,
lighting fixtures or electroliers located within the public right-of-way, and may refer
to such facilities in the singular or plural, as appropriate to the context in which
used.
1.12 Public Right of Way. "Public right of way" means any municipal street, alley, water or
public right-of-way dedicated or commonly used now or hereafter for utility
purposes, including but not limited to overhead lighting facilities, and including utility
easements wherein the City now or hereafter acquires the right and authority to
locate or permit the location of utilities consistent with telecommunications facilities.
This term shall not include any municipal facilities, nor shall it include county, state,
or federal rights of way or any property owned by any Person or Agency other than
the City, except as provided by applicable Laws or pursuant to a maintenance,
jurisdictional or other agreement between the City and any such Person or Agency.
1.13 Person. "Person" means an individual, a corporation, a limited liability company, a
general or limited partnership, a sole proprietorship, a joint venture, a business trust,
or any other form of business entity or association.
1.14 Provision. "Provision" means any agreement, clause, condition, covenant,
qualification, restriction, reservation, term, or other stipulation in this Use Agreement
that defines or otherwise controls, establishes, or limits the performance required or
permitted by any party to this Use Agreement. All Provisions, whether covenants or
conditions, shall be deemed to be both covenants and conditions.
1.15 Radio. "Radio" means the radio equipment, whether referred to singly or collectively,
to be installed and operated by Metricom hereunder, and described in the attached
appendix to this Use Agreement. No other sort of telecommunications equipment
or facilities shall be deemed included in the term "Radio."
1.16 Ricochet®. "Ricochet®" or "Ricochet® MCDN" means Ricochet® MicroCellular Digital
Network, a wireless, microcellular digital radio communications network owned and
operated by Metricom.
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1.17 Services. "Services" means the wireless digital communications services provided
through Ricochet® by Metricom.
1.18 TMIMF Act. "TMIMF Act" shall mean the Telecommunications Municipal
Infrastructure Maintenance Fee Act of the State of Illinois, Public Act No. 90-154,
now or hereafter amended.
1.19 City. "City" means the City of Elgin.
1.20 City IMF Ordinance. "City IMF Ordinance" shall refer to Ordinance No. G58-99,
adopted by the corporate authorities of the City on or about September 22, 1999 and
imposing a municipal telecommunications infrastructure maintenance fee as
authorized and provided for in the TMIMF Act, now or hereafter amended.
1.21 Use Agreement. "Use Agreement" means this nonexclusive Use Agreement and may
also refer to the associated right to encroach upon the public right-of-way conferred
hereunder.
2 TERM. This Use Agreement shall be effective as of the Effective Date and shall extend
for a term of nine (9) years commencing on the Installation Date, unless it is earlier
terminated by either party in accordance with the provisions herein. The term of this Use
Agreement shall be renewed automatically for three (3) successive terms of five (5) years
each on the same terms and conditions as set forth herein, unless either party notifies the
other of its intention not to renew not less than ninety (90) calendar days prior to
commencement of the relevant renewal term.
3 SCOPE OF USE AGREEMENT. Any and all rights expressly granted to Metricom under this
Use Agreement, which shall be exercised at Metricom's sole cost and expense, shall be
subject to the prior and continuing right of the City under applicable Laws to use any and
all parts of the public right-of-way exclusively or concurrently with any other Person or
Persons and shall be further subject to all deeds, easements, dedications, conditions,
covenants, restrictions, encumbrances, and claims of title of record which may affect the
public right-of-way. Nothing in this Use Agreement shall be deemed to grant, convey,
create, or vest in Metricom a real property interest in land, including any fee, leasehold
interest, or easement. Any work performed pursuant to the rights granted under this Use
Agreement may, at the City's option, be subject to the reasonable prior review and approval
of the City.
3.1 Attachment to Municipal Facilities. Subject to the provisions of Section 3.5,
requiring Metricom to obtain permits approving the method and location of its
installation of Radios, City hereby authorizes and permits Metricom to enter upon
the public right-of-way and to locate, place, attach, install, operate, maintain,
remove, reattach, reinstall, relocate, and replace Radios in or on Municipal Facilities
for the purposes of operating Ricochet® and providing Services to Persons located
within or without the limits of the City. In addition, subject to the provisions of § 4
below, Metricom shall have the right to draw electricity for the operation of the
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Radios from the power source associated with each such attachment to Municipal
Facilities.
3.2 Attachment to Third-Party Property. Subject to obtaining the permission of the
owner(s) of the affected property, the City hereby authorizes and permits Metricom
to enter upon the public right-of-way and to attach, install, operate, maintain,
remove, reattach, reinstall, relocate, and replace such number of Radios in or on
poles or other structures owned by public utility companies or other property owners
located within the public right-of-way as may be permitted by the public utility
company or property owner, as the case may be. Upon request, Metricom shall
furnish to the city documentation of such permission from the individual utility or
property owner responsible. City agrees to provide to Metricom, at no cost or
expense to City, such information as Metricom may reasonably require in the course
of obtaining where necessary the consents of third-party owners of property located
in the Municipal Right of Way, provided such information is not privileged,
proprietary, exempt from disclosure under the Illinois Freedom of Information Act,
or otherwise protected by law from disclosure.
3.3 No Interference. Metricom in the performance and exercise of its rights and
obligations under this Use Agreement shall not interfere in any manner with the
existence, maintenance, repair, replacement, enlargement or operation of any and all
public and private rights of way, sanitary sewers, water mains, storm drains, gas
mains, poles, aerial and underground electrical and telephone wires, electroliers,
cable television, and other telecommunications, utility, or municipal property,
without the express written approval of the owner or owners of the affected property
or properties or City, as the case may be, except as permitted by applicable Laws or
this Use Agreement. City agrees to require the inclusion of substantially the same
prohibition on interference as that stated above in all agreements and franchises City
may enter into after the Effective Date with other telecommunications providers and
carriers of functionally equivalent services.
3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the
exercise and performance of its rights and obligations under this Use Agreement.
3.5 Obtaining Required Permits. If the attachment, installation, operation, maintenance,
or location of the Radios in the public right-of-way shall require any permits,
Metricom shall, if required under applicable City ordinances, apply for the
appropriate permits and pay any standard and customary permit fees. City shall
promptly respond to Metricom's requests for permits and shall otherwise cooperate
with Metricom in facilitating the deployment of Ricochet® in the Municipal Right of
Way in a reasonable and timely manner. The proposed locations of Metricom's
planned initial installation of Radios shall be provided to the City promptly after
Metricom's review of available street light maps and prior to deployment of the
Radios.
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3.6 Notice of Location of Radios. Upon the completion of installation, Metricom
promptly shall furnish to the City documentation in MapInfo® or in such other
format as may be reasonably required by the City Engineer showing the exact
location of the Radios in the Municipal Right of Way. Metricom shall provide to
the City supplemental documentation showing the relocation, removal and/or
abandonment of existing Radios or the installation of new Radios within thirty (30)
days of their relocation or installation, as the case may be.
3.7 Use Agreement Extends Only to Installation of Radios. The rights granted
Metricom under this Use Agreement extend only to the installation of the Radios
described herein on Municipal Facilities in the manner described herein or on Third-
Party Property in the manner provided in Section 3.2, and does not create any right
to install different or additional telecommunications facilities in the public right-of-
way or on Municipal Facilities or on Third-Party Property. Under no circumstances
is the closing, excavation or opening of any public right-of-way authorized or
permitted under this Use Agreement.
3.8 Exclusion of Certain Municipal Facilities. Prior to its installation of radios on
Municipal Facilities and after it provides the City with its proposed locations for
installation of the radios on Municipal Facilities, the City may in its discretion
designate certain Municipal Facilities to be excluded from those on which Radios
may be installed by Metricom, including but not limited to ornamental or similar
specially-designed streets lights, or other Municipal Facilities which, in the
reasonable judgment of the City's Engineer do not have electrical service adequate or
appropriate for Metricom's Radios or cannot safely bear the weight or wind loading
caused by the presence of Metricom's radios, or any other Municipal Facility that in
the reasonable judgment of the City's Engineer is incompatible with the Radio or
would be rendered unsafe or unstable by the installation of a Radio.
3.9 Engineer's Certification. At the time of execution of this Use Agreement, Metricom
shall provide the City and attach to this Use Agreement as Exhibits hereto a certified
Standard Wind Loading Study and a certified Attachment Detail showing typical
installation for the Radios, each of which shall be certified by a registered
Professional Engineer.
3.10 No Introduction of Hazardous Materials. Metricom represents and warrants that its
use of the public right-of-way and Municipal Facilities, and its installation of Radios
as provided herein, will not introduce or generate any hazardous substance, and it
will not store or dispose on the public right-of-way or Municipal Facilities nor
transport to or over the public right-of-way or Municipal Facilities any hazardous
substance.
4 COMPENSATION; DISCOUNTS; UTILITY CHARGES. Metricom shall be solely responsible for
the payment of all lawful Fees in connection with Metricom's performance under this Use
Agreement, including those set forth below.
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4.1 Municipal Telecommunications Infrastructure Maintenance Fee. Metricom
acknowledges that it is a telecommunications"retailer maintaining a place of business in
this State" and is engaged in the "sale of telecommunications at retail," as those terms
are defined in both the TMIMF Act and the City IMF Ordinance. Metricom
acknowledges that it is subject to payment to the City IMF Ordinance and shall
comply at all times with the current provisions of said Ordinance. Payment of any
infrastructure maintenance fee to the City pursuant to the City IMF Ordinance is an
obligation under law that exists independently of this Use Agreement, and payment
thereof shall not constitute a franchise fee or any other form of compensation solely
for the use or occupancy of the public right-of-way pursuant to this Use Agreement.
In consideration of the covenants and agreements made herein by the City,
Metricom releases and waives any objection or challenge it might have against the
validity, enactment or imposition of the City IMF Ordinance by the City, and further
agrees that its violation of that Ordinance shall constitute a breach of its obligations
under Section 3.4 (Compliance with Laws) of this Use Agreement and a default of a
material term hereof pursuant to Section 9 of this Use Agreement. Metricom further
agrees that if a court or administrative agency of competent jurisdiction should
declare either the City IMF Ordinance of the TMIMF Act unconstitutional or invalid,
then Metricom and the City shall each be obligated to negotiate in good faith to
amend Section 4 of this Use Agreement and if, after one hundred and eighty (180)
days from the commencement of negotiations or such extension thereof that may be
agreed by the parties, the City and Metricom are unable to reach agreement on
amendments hereto, then this Use Agreement shall be deemed terminated and
Metricom shall promptly remove its Radios from the Municipal Facilities.
4.2 Annual Fee. As compensation solely for the use of Municipal Facilities, Metricom
shall pay to the City an annual fee (the "Annual Fee") in the amount of Sixty Dollars
($60.00) for the use of each Municipal Facility upon which a Radio has been
installed, located or maintained pursuant to this Use Agreement. The aggregate
Annual Fee for the first year of the term shall be equal to the number of Radios
proposed to be installed by Metricom in the Facilities Map submitted to the City
multiplied by the Annual Fee and shall be paid no later than thirty (30) days after
the Installation Date. On each succeeding anniversary of the Installation Date,
Metricom shall pay an annual fee in an amount equal to the number of Radios
installed on Municipal Facilities on the anniversary of the Installation Date multiplied
by the Annual Fee, prorated as appropriate.
4.2.1 CPI Adjustment. Effective commencing on the second (2"d) anniversary of
the Installation Date and continuing on every second (2"d) anniversary
thereafter during the term, the Annual Fee with respect to the ensuing
two-year period shall be increased by a percentage amount equal to the
percentage increase in the U.S. Department of Labor, Bureau of Labor
Statistics Consumer Price Index (CPI-U, All Items, Urban Consumers,
Chicago Area, 1982-1984=100) which occurred during the previous two-year
period.
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4.3 Electricity Charges. Metricom shall be solely responsible for the payment of all
electrical utility charges to the applicable utility company based upon the Radios'
usage of electricity and applicable tariffs. Metricom shall provide the City with
documentation sufficient to demonstrate that it has established an unmetered rate for
the consumption of electricity by the Radio(s) with the appropriate electricity
distributor and/or supplier, as the case may be, to provide for its payment for the use
of unmetered electricity to operate the Radio(s).
4.4 Municipal Access Program. In consideration of City's execution and delivery of this
Use Agreement, City shall have the right throughout the term of this Use Agreement
to purchase, when such service is commercially available in the City, up to the
maximum number set forth below (based upon the City's population) of Ricochet®
basic service subscriptions at the rate of fifty percent (50%) of the regular rate as
current from time to time. The number of subscriptions which the City may
purchase at the Municipal Access Program rate shall be determined in accordance
with the City's official population, as shown on the latest available census data, as
follows: (a) for municipalities with a population of less than 100,000, up to a
maximum of twenty (20) discount subscriptions; (b) for municipalities with a
population of 100,000 to 249,000, up to a maximum of thirty (30) discount
subscriptions; (c) for municipalities with a population of 250,000 to 500,000, up to a
maximum of forty (40) discount subscriptions; and (d) for municipalities with a
population of over 500,000, up to a maximum of fifty (50) discount subscriptions.
City understands and agrees that Metricom's modems and equipment required to
utilize the discounted subscriptions and any additional service subscriptions or service
options the City may desire are expressly excluded from this special Municipal
Access Program rate and may be obtained from either Metricom or an authorized
retailer at market rates current from time to time or under other promotional
programs which may be available from time to time in addition to the Municipal
Access Program rate. City shall use all subscriptions provided pursuant to this § 4.4
solely for its own use and shall not be entitled to resell, distribute, or otherwise
permit the use of the same by any other Person, excepting a local public entity that
provides public services within the corporate boundaries of City. The level of
benefits and services provided to City by Metricom as "basic service" shall not be
diminished or reduced during the term of this Use Agreement or renewal thereof, or
prior to its cancellation or termination, as the case may be. Metricom and City
agree that all benefits and services offered under this Section, whether for the use of
City or another unit of local government, shall be acquired under and pursuant to
City's lawful purchasing and procurement process and procedures.
5 REMOVAL OR RELOCATION OF RADIOS. Metricom understands and acknowledges that
City may require Metricom to remove from a specific Municipal Facility and relocate one
or more of its Radios, and Metricom shall at City's direction relocate such Radios at
Metricom's sole cost and expense, whenever City reasonably determines that the relocation
is needed for any of the following purposes: (a) if required for the construction, completion,
repair, relocation, or maintenance of a City project; (b) because particular Municipal
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Facility is being eliminated, whether due to undergrounding of utilities, relocation, or other
cause; (c) because the Radio has been abandoned; (d) because the Radio is interfering with
or adversely affecting proper operation of City-owned light poles, traffic signals, or other
Municipal Facilities; or (f) to protect or preserve the public health or safety. In any such
case, City shall use its best efforts to afford Metricom a reasonably equivalent alternate
location. If Metricom shall fail to relocate any Radios as requested by the City within a
reasonable time under the circumstances in accordance with the foregoing provision, but in
any event, not to exceed thirty (30) days without the agreement of the City, the City shall
be entitled to remove or relocate the Radios at Metricom's sole cost and expense, without
further notice to Metricom, and Metricom shall, within thirty (30) days of invoice to same,
reimburse the City for its expenses incurred in the removal, relocation and disposal of the
Radios. The provisions of this Section 5 and its further subsections shall survive the
expiration or earlier termination of this Use Agreement or renewal thereof.
5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any
Radios from one Municipal Facility to another, Metricom shall so advise City. City
will use reasonable efforts to accommodate Metricom by making another reasonably
equivalent Municipal Facility available for use in accordance with and subject to the
terms and conditions of this Use Agreement.
5.2 Alteration or Damage to Municipal Facilities or Public Right of Way. Whenever
the removal or relocation of Radios is required or permitted under this Use
Agreement, and such removal or relocation shall cause the public right-of-way or
Municipal Facilities to be damaged or to have been altered in such a manner as to
make them unusable, unsafe, or in violation of electrical codes or other applicable
law, Metricom, at its sole cost and expense, shall promptly repair and return the
public right-of-way or Municipal Facilities in or on which the Radios are located to
its original condition and in accordance with currently applicable Laws, normal wear
and tear excepted. If Metricom does not repair and restore the public right-of-way
or Municipal Facilities as just described, then the City shall have the option, upon
fifteen (15) days' prior written notice to Metricom, to perform or cause to be
performed such reasonable and necessary work on behalf of Metricom and to charge
Metricom for the proposed costs to be incurred or the actual costs incurred by the
City at City's standard rates. Upon the receipt of a demand for payment by the City,
Metricom shall within thirty (30) days reimburse the City for such costs.
6 INDEMNIFICATION AND WAIVER. Metricom agrees to indemnify, defend, protect, and
hold harmless the City, its corporate authorities, officers, and employees from and against
any and all claims, demands, losses, damages, liabilities, fines, charges, penalties,
administrative and judicial proceedings and orders, judgements, remedial actions of any
kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in
connection therewith, including but not limited to reasonable attorney's fees, expert witness
fees and costs of defense (collectively, the "Losses") directly or proximately resulting from
Metricom's acts or omissions within the scope of this Use Agreement, except to the extent
arising from or caused by the negligence or willful misconduct of the City, its corporate
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authorities, officers, employees, agents, or contractors. The foregoing notwithstanding,
under no circumstances shall the issuance of any permit or certificate provided for under
the City Municipal Code to Metricom or another person or entity constitute an act of
negligence or willful misconduct. Nothing set forth in this Use Agreement shall be deemed
a waiver by the City of any defenses or immunities relating to Metricom or its property, or
to any other person or entity or their property, that are or would be otherwise available to
the City or its corporate authorities, officers and employees under the provisions of the
Illinois Local Government and Governmental Employees Tort Immunity Act, or that
otherwise available to local governments and their corporate authorities, officers and
employees under the common law of the State of Illinois or the United States of America.
The provisions of this Section 6 and each of its further subsections shall survive the
expiration or earlier termination of this Use Agreement or renewal thereof.
6.1 Waiver of Claims. Metricom waives any and all claims, demands, causes of action,
and rights it may assert against the City on account of any loss, damage, or injury to
any Radio or any loss or degradation of the Services as a result of any event or
occurrence which is beyond the reasonable control of the City. Actions by persons
or entities other than the City or its corporate authorities, officers or employees shall
be deemed beyond the reasonable control of the City.
6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to
damaged Radios arising from the willful or wanton misconduct of City, its corporate
authorities, officers or employees.
7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this
Use Agreement commercial general liability insurance and commercial automobile liability
insurance protecting Metricom in an amount not less than One Million Dollars
($1,000,000) per occurrence (combined single limit), including bodily injury and property
damage, and in an amount not less than One Million Dollars ($1,000,000) annual
aggregate for each personal injury liability and products-completed operations. Such
insurance policies shall name the City as an additional insured as respects any covered
liability arising out of Metricom's performance of work under this Use Agreement.
Coverage shall be in an occurrence form and in accordance with the limits and provisions
specified herein. Claims-made policies are not acceptable. When an umbrella or excess
coverage is in effect, coverage shall be provided in following form. Such insurance shall not
be canceled or materially altered to reduce the policy limits until the City has received at
least thirty (30) days' advance written notice of such cancellation or change. Metricom
shall be responsible for notifying the City of such change or cancellation.
7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work
pursuant to this Use Agreement, Metricom shall file with the City the required
original certificate(s) of insurance with endorsements, which shall clearly state all of
the following:
(a) the policy number; name of insurance company; name and address
of the agent or authorized representative; name, address, and
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telephone number of insured; project name and address; policy
expiration date; and specific coverage amounts;
(b) that the City shall receive thirty (30) days' prior notice of
cancellation; and
(c) that Metricom's insurance is primary as respects any other valid or
collectible insurance that the City may possess, including any self-
insured retentions the City may have; and any other insurance the City
does possess shall be considered excess insurance only and shall not be
required to contribute with this insurance.
The certificate(s) of insurance with endorsements and notices shall be mailed to the
City at the address specified in § 8 below.
7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times
during the term of this Use Agreement statutory workers' compensation and
employer's liability insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000) or such higher amount as may be required by law during the
term or renewal thereof of this Use Agreement, and shall furnish the City with a
certificate showing proof of such coverage.
7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and
authorized to do business in the State of Illinois and shall be rated at least A:X in
A.M. Best & Company's Insurance Guide. Insurance policies and certificates issued by
non-admitted insurance companies are not acceptable.
7.4 Severability of Interest. Any deductibles or self-insured retentions must be stated on
the certificate(s) of insurance, which shall be sent to and approved by the City.
"Cross liability," "severability of interest," or "separation of insureds" clauses shall be
made a part of the commercial general liability and commercial automobile liability
policies.
8 NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall
be in writing and delivered personally or transmitted (a) through the United States mail, by
registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery
service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by
delivery through the U. S. mail or by overnight delivery service as just described, addressed
as follows:
if to the City:
CITY OF ELGIN
Attn: General Services Manager
150 Dexter Court
Elgin, IL 60120-5555
Municipal Facilities Use Agreement
Metricom Agreement.wpd ofElgin::Metricom,Inc.
page 11 of 16
•
if to Metricom:
METRICOM, INC.
Attn: Property Manager
980 University Avenue
Los Gatos, CA 95032
8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon
receipt in the case of personal delivery, three (3) days after deposit in the mail, or
the next day in the case of facsimile, email, or overnight delivery. Either party may
from time to time designate any other address for this purpose by written notice to
the other party delivered in the manner set forth above.
9 TERMINATION. This Use Agreement may be terminated by either party upon forty five
(45) days' prior written notice to the other party upon a default of any material covenant or
term hereof by the other party, which default is not cured within forty-five (45) days of
receipt of written notice of default (or, if such default is not curable within forty-five (45)
days, if the defaulting party fails to commence such cure within forty-five (45) days or fails
thereafter diligently to prosecute such cure to completion), provided that the grace period
for any monetary default shall be ten (10) days from receipt of notice. For purposes of this
Section, Metricom's abandonment of its Radios shall also be deemed a default if not cured
within the time limit provided for in this Section. Except as expressly provided herein, the
rights granted under this Use Agreement are irrevocable during the term.
10 ASSIGNMENT. This Use Agreement shall not be assigned by Metricom without the
express written consent of the City, which consent shall not be unreasonably withheld,
conditioned, or delayed. Notwithstanding the foregoing, the transfer of the rights and
obligations of Metricom hereunder to a parent, subsidiary, affiliated successor, or financially
viable affiliate shall not be deemed an assignment for the purposes of this Use Agreement.
11 MISCELLANEOUS PROVISIONS. The provisions that follow shall apply generally to the
obligations of the parties under this Use Agreement.
11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not provide
Metricom with exclusive use of the public right-of-way or any Municipal Facility and
that City shall have the right to permit other providers of telecommunications
services to install equipment or devices in the public right-of-way and on Municipal
Facilities; however, City agrees to advise other providers of telecommunications
services of the presence or planned deployment of the Radios in the public right-of-
way and/or on Municipal Facilities.
11.2 Amendment of Use Agreement. This Use Agreement may not be amended except
pursuant to a written instrument signed by both parties.
11.3 Severability of Provisions. If any one or more of the Provisions of this Use
Agreement shall be held by court of competent jurisdiction in a final judicial action
Municipal Facilities Use Agreement
Metricom Agreement.wpd ofElgin::Metricom,Inc.
page 12 of 16
to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable
from the remaining Provisions of this Use Agreement and shall not affect the legality,
validity, or constitutionality of the remaining portions of this Use Agreement. Each
party hereby declares that it would have entered into this Use Agreement and each
Provision hereof irrespective of the fact that any one or more Provisions be declared
illegal, invalid, or unconstitutional.
11.4 Contacting Metricom. Metricom shall be available to the staff employees of any
City department having jurisdiction over Metricom's activities twenty-four (24) hours
a day, every day of the year without exception, regarding problems or complaints
resulting from the attachment, installation, operation, maintenance, or removal of the
Radios. The City may contact by telephone the network control center operator at
telephone number (800) 873-3468 regarding such problems or complaints.
11.5 Governing Law; Jurisdiction. This Use Agreement shall be governed and construed
by and in accordance with the laws of the State of Illinois, without reference to its
conflicts of law principles. Terms or provisions herein shall not be construed against
one party merely because that party is or was the principal drafter. If suit is brought
by a party to this Use Agreement, the parties agree that venue for such action shall
be vested exclusively in the state courts of Illinois, County of Kane, or in the United
States District Court for the Northern District of Illinois in such Division (Eastern or
Western) thereof in which the City is located.
11.6 Exhibits. All exhibits referred to in this Use Agreement and any addenda,
attachments, and schedules which may from time to time be referred to in any duly
executed amendment to this Use Agreement are by such reference incorporated in
this Use Agreement and shall be deemed a part of this Use Agreement.
11.7 Successors and Assigns. This Use Agreement is binding upon the successors and
assigns of the parties hereto.
11.8 Advice of Displacement. To the extent the City has actual knowledge thereof, the
City will attempt promptly to inform Metricom of the displacement or removal of
any pole on which any Radio is located.
11.9 Consent Criteria. In any case where the approval or consent of one party hereto is
required, requested or otherwise to be given under this Use Agreement, such party
shall not unreasonably delay, condition, or withhold its approval or consent.
11.10 Waiver of Breach. The waiver by either party of any breach or violation of any
Provision of this Use Agreement shall not be deemed to be a waiver or a continuing
waiver of any subsequent breach or violation of the same or any other Provision of
this Use Agreement.
1 1.1 1 Representations and Warranties. Each of the parties to this Agreement represents
and warrants that it has the full right, power, legal capacity, and authority to enter
into and perform the parties' respective obligations hereunder and that such
Municipal Facilities Use Agreement
Metricom Agreement.wpd ofElgin::Metricom,Inc.
page 13 of 16
obligations shall be binding upon such party without the requirement of the approval
or consent of any other person or entity in connection herewith, except as provided
in § 3.2 above. In addition, City specifically represents and covenants that City owns
all Municipal Facilities for the use of which it is collecting from Metricom the
Annual Fee pursuant to § 4.1 above.
11.12 Entire Agreement. This Use Agreement contains the entire understanding between
the parties with respect to the subject matter herein. There are no representations,
agreements, or understandings (whether oral or written) between or among the
parties relating to the subject matter of this Use Agreement which are not fully
expressed herein.
11.13 NoThird-Party Beneficiaries. This Use Agreement creates no rights, title or interest
in any person or entity whatsoever (whether under a third party beneficiary theory or
otherwise) other than Metricom and the City, and their respective officers,
employees or other persons to the extent specifically named herein.
11.14 Reimbursement for Attorney Fees. Metricom acknowledges that City has incurred
costs for attorney fees and attorney time attributable to its consideration, review, and
preparation of this Use Agreement and such ordinance, resolution or other material
needed to have this Use Agreement approved and adopted by the corporate
authorities of the City, including but not limited to attorney fees for use of outside
legal counsel and/or the value or expense attributable to the actual time directly and
reasonably spent on these matters by in-house legal counsel employed by the City.
Metricom shall reimburse City for any attorney fees and costs that City incurred or
incurs directly and reasonably in connection with the review, preparation and
approval of this Use Agreement in an amount not to exceed Two Thousand and
no/100 Dollars ($2,000.00). City shall invoice Metricom for any reimbursement
under this Section one time, either at the hourly rate billed by outside legal counsel
or at a comparable hourly rate attributable to in-house legal counsel. Metricom shall
be pay the invoice within not more than forty-five (45) days after the date of the
invoice.
11.15 Option to Use Other Agreements. In the event and each time that Metricom enters
into an agreement, after the Effective Date and during the Term of this Use
Agreement or renewal thereof, with another municipality located, in whole or in
part, within the boundaries of Cook, DuPage, Kane, Lake, or McHenry Counties in
the State of Illinois, that has a population equal to or less than the greater of either
(a) the population of City as adjusted during the term of this Use Agreement or
extension thereof, or (b) 95,000, and that permits Metricom or its successors or
assigns to use that municipality's Municipal Facilities in a manner similar to this Use
Agreement, then, if such subsequent agreement contains terms, conditions or
provisions relating to compensation different, in amount or kind from those
contained in Section 4, inclusive of each of its Subsections, of this Use Agreement,
Metricom shall inform City in writing of such fact, and provide a copy of such
agreement to the City. If, within ninety (90) days after receiving such notice, the
Municipal Facilities Use Agreement
Metricom Agreement.wpd of Elgin::Metricom,Inc.
page 14 of 16
City determines in the reasonable exercise of its discretion that such different
provisions, if incorporated into this Use Agreement, will provide City with rights that
are more beneficial to the City than the rights and benefits provided for under
Section 4, inclusive of each of its Subsections, and City within the ninety (90) day
period notifies Metricom that it desires to adopt the compensation provisions of such
other agreement, Metricom agrees that it will amend this Use Agreement so that it
contains terms relating to compensation and length of term, including any renewal
terms, that are the same as in such subsequent agreement.
11.16 Signatures. This Use Agreement may be signed in counterparts.
11.17 Taxation. The Municipal Facilities and the public right-of-way on which they are
located are presently exempt from real estate taxes. In the event that this Use
Agreement, any provision thereof, or any use of the public right-of-way or Municipal
Facilities pursuant to the terms of this Use Agreement shall result in said right-of-
way, Municipal Facilities or any parts thereof becoming subject to such real estate
taxes, then Metricom shall be liable to the City for its payment of such taxes and
shall reimburse the City for any such taxes paid within thirty (30) days invoice for
same. Metricom shall have the right to contest all taxes, assessments, charges and
impositions as it may become liable for under this Section, and City agrees to join in
such contest if required by law and to permit Metricom to proceed with the contest
in City's name, provided that the expense of the contest is borne solely by Metricom.
11.18 Relationship of the Parties. Metricom and City shall be and act as independent
contractors, and under no circumstances shall this Use Agreement be construed as
one of agency, partnership, joint venture, or employment between the parties.
11.19 Advertising, Signs or Extraneous Markings. Metricom shall not place or cause to
be placed any sort of signs, advertisements or other extraneous markings, whether
relating to Metricom or any other person or entity, on any Radio or other equipment
located on a Municipal Facility or in the public right-of-way, excepting such labels,
numbers or other marks on the Radio(s) as are reasonably necessary to identify the
Radio or Metricom for service, repair, maintenance or emergency purposes, or as
may be otherwise required to be affixed by applicable law or regulation.
Municipal Facilities Use Agreement
Metricom Agreement.wpd ofElgin::Metricom,Inc.
page 15 of 16
•
In witness whereof, and in order to bind themselves legally to the terms and
conditions of this Use Agreement, the duly authorized representatives of the parties have
executed this Use Agreement as of the Effective Date.
City: CITY OF ELGIN, an l 'nois municipal cor, tion
By: i
T" yott A . PAR KCf
ame typed!
Its: Gt7- friA-NAGE /2
Metricom: METRICOM, INC., a I- : ..re corporation
By:
l •
\ /name typed/
Its: U 1l �1 E l cQ, � „L)�
Approved As To Form
ROW Legal Department
By: ft . 4.ft'
Date: 12.11 11/
Municipal Facilities Use Agreement
Metricom Agreement.wpd ofElgin::Metricom,Inc.
page 16 of 16
1
4.,OrEt L
' '� City of Elgin Agenda Item No.
4
dpi
RA/CD O%
September 17, 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Municipal Facilities Agreement with Metricom, Inc . for
Ricochet Wireless Digital Data Communications Network
PURPOSE
The purpose of this memorandum is to provide information to the
Mayor and members of City Council to consider entering into a
Municipal Facilities Agreement with Metricom, Inc . for Ricochet
Wireless Digital Data Communications Network.
BACKGROUND
Founded in 1985, Metricom, Inc. provides wireless data
communications and network solutions for personal computer and
industrial applications . Attachment A provides a company profile
and other company information.
Metricom' s Ricochet Product and Services division provides wireless
access and communications for groups and individuals using
computers in the corporate, consumer and education market sectors .
Ricochet ' s wireless services include Internet, E-mail accounts, and
access to online services (see Attachment B) . Ricochet wireless
modems can be rented or purchased. These 'wireless modems are
supported by transponders that are placed on City streetlights.
The transponders are made of die cast aluminum, weighing eight
pounds, with dimensions of 12"x7 . 2"x4" . Currently, Ricochet is
used in the greater San Francisco Bay area, Seattle, Washington,
D. C. , and on university campuses . An example of a community
similar in size and population to Elgin is Bellevue, Washington.
Bellevue (population 86, 000) has had an active Metricom/Ricochet
agreement for approximately two years . To date, Metricom has
installed 30 transponder devices on City streetlights. Metricom is
aggressively pursuing service in the greater Chicago market with
facility agreements in 117 communities (Attachment C) .
The proposed Municipal Facilities Agreement with Metricom, Inc.
("agreement") is based upon a model contract approved by the
Northwest Municipal Conference (Attachment D) . The agreement
emb. governs the installation, relocation and removal of Ricochet
devices installed on City-owned street lights located within the
public right-of-way; establishes the amount of payment the city is
Metricom Municipal Facilities Agreement
September 17, 1999
Page 2
to receive from Metricom' s use of the street lights; provides a
reduced rate for purchase of service agreements with Metricom in
the event the City wishes to utilize the Ricochet service; sets
forth the requisite liability insurance to be obtained by Metricom
and the duration of the agreement .
The agreement requires Metricom to obtain permits approving the
method and location of its installation of Ricochet transponders on
street lights in the City. Metricom will draw electricity for the
operation of the transponders from the power source associated with
each such attachment, with Metricom being solely responsible for
the payment of all electrical utility charges to the applicable
utility company based upon the transponders' usage of electricity
and applicable tariffs. The agreement requires Metricom to provide
the City with documentation sufficient to demonstrate that it has
established an unmetered rate for the consumption of electricity by
the transponders with the appropriate electricity distributor
and/or supplier, as the case may be, to provide for its payment for
the use of unmetered electricity to operate the transponders .
Upon the completion of installation, Metricom is required to
furnish to the City Engineer documentation showing the exact
e"'` location of the transponders in the right-of-way. Metricom is also
required to provide the City supplemental documentation showing the
relocation, removal and/or abandonment of existing transponders or
the installation of new radios within 30 days of their relocation
or installation, as the case may be. The agreement expressly
prohibits the transponders from being located on historical street
lights .
Metricom will pay the City an annual fee of $60 . 00 for each
transponder installed. And under the City' s Telecommunication
Infrastructure Maintenance Fee Ordinance, the City will receive one
percent of the gross charges charged by Metricom to service
addresses within the City. The agreement also provides that the
City may receive a fifty percent discount on the regular rate of
Metricom' s service for up to 20 subscriptions .
The agreement requires Metricom to indemnify the City from any
claims resulting from the use of the transponders, with Metricom
expressly waiving all claims it may have against the City on
account of any loss or damage to the transponders. Metricom is
also required to maintain a general commercial liability and
automobile liability policy, with the City named as an additional
insured in an amount of not less than $1 million per occurrence and
workers' compensation insurance as well.
Metricom Municipal Facilities Agreement
September 17, 1999
r Page 3
The term of the agreement is nine years, commencing on the date the
first transponder is installed. The agreement automatically renews
for three successive five-year terms unless either party notifies
its intent not to renew 90 days before the commencement of the
renewal term. On the second anniversary of the installation date,
and on every second year thereafter, the annual fee for each
transponder shall be increased by a percentage amount equal to the
percentage increase in the U. S. Department of Labor, Bureau of
Labor Statistics Consumer Price Index (CPI-U, All Items, Urban
Consumers, Chicago Area, 1982-1984=100) which occurred during the
previous two-year period.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
p _FINANCIAL IMPACT
Under the proposed agreement, Metricom will pay the City an annual
fee of $60 . 00 for each transponder installed. Per the City' s
Telecommunication Infrastructure Maintenance Fee Ordinance, the
/i► City will also receive one percent of the gross charges charged by
Metricom to service addresses within the City. The agreement also
provides that the City may receive a fifty percent discount on the
regular rate of Metricom' s service for up to 20 subscriptions .
LEGAL IMPACT
None.
ALTERNATIVES
The City Council could approve, amend, or deny the proposed
agreement with Metricom.
RECOMMENDATION
It is recommended that the Mayor and members of City Council
approve the proposed Municipal Facilities Agreement with Metricom,
Inc.
111- •ectfully submi71
it , L�-- • iGtt
ew Joyce A. Parker
City Manager
Attachments
METRICOM COMPANY PROFILE
Founded in 1985, Metricom provides wireless data communications and network solutions for
personal computer and industrial applications. The firm, headquartered in Los Gatos, California,
develops license-free, high-performance products that feature advanced spread spectrum packet radio
technology, which sends data across a network of intelligent radio nodes.
Metricom's Ricochet Products and Services division provides wireless access and communications
solutions for groups and individuals using computers in the corporate, consumer and education
market sectors. Ricochet offers affordable monthly subscriptions to its wireless service at flat rates
which includes Internet and E-mail accounts with unlimited usage. Subscribers can also send full
graphical faxes and access corporate LANs and Intranets, online services such as America Online and
CompuServe with additional service options. Ricochet wireless modems can be rented or purchased.
Today, Ricochet is used in the greater San Francisco Bay Area, Seattle, Washington, D.C., and on
corporate and university campuses across the nation.
Metricom's Industrial Communications division provides both private networks and communications
services to the electric, gas, oil and water industries. The private network solutions are based on
M 'nom's UtiliNet products which currently serve over 100 installations across the United States.
T�. _idustrial Communications services are offered on the same networks providing Ricochet
services.
METRICOM AT A GLANCE
Employees: Metricom has over 200 employees in Los Gatos, California; Houston, Texas;
Seattle, Washington; Washington, D.C.; and satellite sales offices
Founding Date: December, 1985
Management: Robert P. Dilworth, CEO and Chairman of the Board
Donald F. Wood, President
Gary M. Green, Executive VP, Chief Operating Officer
Lee M. Gopadze, President of Southern California Operations
Mel Goldman, Exec.Vice President, Industrial Communications division
Vanessa Wittman, Vice President of Finance
Jim Nelson, Vice President of Operations
Page 2of2
Bob Bickers, Vice President of Manufacturing
Bill Swain, Vice President of Administration
Management Profiles
Financial: Metricom is a publicly-held company, traded over-the-counter on the NASDAQ
market under the symbol MCOM. Initial public offering in May 1992 raised$10
million. Private investor Paul Allen invested$17.5 million in October 1993. In
March 1994, a secondary public offering raised $66.5 million. Concurrently with
this offering, Microsoft Corporation invested $5 million. In August, 1996,
Metricom received$45 million in a private placement.
Ricochet Ricochet networks currently are located in the San Francisco Bay Area; Seattle,
Networks:. Washington; and Washington, D. C. In addition, Ricochet wireless networks
have been installed at ten major U.S. airports, on ten college campuses
nationwide; and on several corporate campuses including Sun Microsystems,
Cisco and the NASA Ames Research Center in California.
Corporate Metricom, Inc.
Headquarters: 980 University Avenue
Los Gatos, CA 95030-2375
(408) 399-8200
Last Update 8/97
Metricom Secures $600 Million
Investment from MCI WorldCom and
Vulcan Ventures, Inc. to Fund National
Wireless Data Network Expansion
Los Gatos, California -June 21, 1999 - Metricom, Inc. (NASDAQ: MCOM), a leading provider of mobile
data networking and technology, today announced $600 million in funding from Vulcan Ventures, Inc. and
MCI WorldCom, each providing $300 million, to fund national rollout of its Ricochet 128 kbps mobile data
service. The first wave of commercial availability is scheduled for mid-2000. In addition, MCI WorldCom
and Metricom have entered into a strategic relationship, which includes national distribution of Ricochet.
Under the terms of the deal, MCI WorldCom and Vulcan Ventures, Inc. will purchase 60 million new
convertible preferred shares of Metricom stock, priced at$10 per share. When consummated, and
following an allowed conversion from preferred to common, the breakdown of ownership will include
Vulcan Ventures, Inc. at 49 percent, MCI WorldCom at 38 percent, with the remaining 13 percent
ownership held by other current public shareholders. The transaction is subject to certain conditions,
including Metricom shareholder approval. Metricom will remain a publicly traded company headed by
CEO Timothy A. Dreisbach. The investment underscores Vulcan Venture Inc.'s ongoing endorsement of
Metricom and the Ricochet technology.
Included in the strategic agreement, MCI WorldCom has signed a five-year, non-exclusive wholesale
agreement valued at$350 million with Metricom for its Ricochet services. Metricom will utilize MCI
WorldCom's high-speed data and Internet network and support operations as it expands nationally.
Metricom will also enlist additional distribution channels for Ricochet, and embark on a multi-million dollar
branding and marketing campaign to raise awareness and advance adoption of the service among the
target market of mobile professionals.
"Our ultimate goal is to allow mobile professionals to take their full desktop functionality anywhere they
need to work," said Dreisbach. "This means accessing data and applications on corporate LANs and the
Internet anywhere in the same fashion as sitting in an office. By teaming with Vulcan Ventures, Inc. and a
strategic partner with the national presence and reputation of MCI WorldCom, we gain the resources and
expertise to accelerate the availability and adoption of our Ricochet service on a nationwide basis."
Metricom targets multiple segments within the overall mobile worker marketplace. One of these segments
includes the mobile professional "road warriors"who travel extensively for their jobs. In a recent study,
International Data Corporation (IDC) predicted by 2001 that 7.3 million of the professionals in this
segment, who carry cellular/PCS phones, laptops and other mobile computing devices, do business
within the metropolitan areas included on Metricom's rollout plan. "The mobile professional market
available to Metricom is forecast to exceed 13 million users in 2005," said lain Gillott, vice president,
Worldwide Consumer& Small Business Telecommunications at IDC. "Critical success factors in this
segment of the mobile data market are the ability to provide cost effective, reliable mobile Internet and
LAN access throughout the major metropolitan areas."
In addition to the primary business user market, Ricochet addresses the high bandwidth data access
requirements of residential users that may not have viable ISDN, cable or DSL alternatives.
Unlike technologies just now evolving to solve growing high-performance high-speed wireless data
requirements, Ricochet is a proven technology that leads the industry today at 28.8 kbps. Building on
Ricochet's success, Metricom has been testing 128 kbps service and expects to launch the higher speed
service in mid-2000 in the following metropolitan areas: Atlanta, Baltimore, Chicago, Dallas, Houston, Los
Angeles, Phoenix, San Diego, San Francisco, Seattle, New York, Washington, DC. Current rollout plans
call for a total of 46 metropolitan areas to gain Ricochet coverage by mid-2001.
"We have been impressed with the management, focus, and technology advancement made by Metricom
over the past year," said William D. Savoy, President, Vulcan Ventures, Inc. "By adding a world-class
�"` partner like MCI WorldCom, we expect to accelerate the availability and adoption of Ricochet by mobile
r'` professionals who want fully functional access to applications and data on LANs, Intranets and the
Internet anywhere, anytime."
Ricochet is uniquely positioned to capture a significant share of the growing mobile professional market
with the fastest data speeds, "always-on" connections, flat-rate "all-you-can-use" pricing, no metered
roaming fees, and true mobility at 70 mph. These benefits are a result of the Ricochet architecture, which
is based on a digital packet-switched network employing spread-spectrum radio frequency transmission
and standard Internet protocol (IP). Ricochet was designed from inception for packet data, which means
high throughput, extremely low Bit Error Rate (BER), instantaneous handoff, and low cost per connection.
About Metricom
Metricom, Inc. is a leading provider of mobile data networking and technology. The Company's Ricochet
service provides mobile professionals with high-performance, cost-effective untethered access to the
Internet, private Intranets, local-area networks, e-mail, and other online services. Ricochet is generally
available in the greater San Francisco Bay Area, Seattle, and Washington, D.C. metropolitan areas; in
select areas of New York City; on corporate campuses; and at gate areas at major airports throughout the
United States. For more information, call 1-800 Go-Wireless, or visit Metricom's Web site at
http://www.metricom.com.
About MCI Worldcom
MCI WorldCom is a global leader in communications services with 1998 revenues of more than $30 billion
and established operations in over 65 countries encompassing the Americas, Europe and the Asia-Pacific
regions. MCI WorldCom is a premier provider of facilities-based and fully integrated local, long distance,
international and Internet services. MCI WorldCom's global networks, including its state-of-the-art pan-
European network and transoceanic cable systems, provide end-to-end high-capacity connectivity to
more than 40,000 buildings worldwide. MCI WorldCom is traded on NASDAQ under WCOM. For more
information on MCI WorldCom, visit the World Wide Web at http://www.wcom.com.
About Vulcan Ventures Inc.
Vulcan Ventures Inc. of Bellevue, Washington was founded by Paul G. Allen in 1986 to research and
implement his investments. Allen's investments through Vulcan Ventures, Inc.are long-term, as his goals
enable him to take above-average risks and a long-term view. Through Vulcan Ventures, Allen invests in
companies which offer products, services or technologies that fit his wired world strategy, and can
contribute to or benefit from the technology and strategy of other Paul Allen companies.
Metricom and Ricochet are registered trademarks of Metricom, Inc.
All other trademarks are the property of their respective owners.This press release may contain forward-looking
statements.These forward-looking statements are subject to risks and uncertainties.Actual results may differ
materially from such forward-looking statements as a result of risks and uncertainties, including those described in
Metricom's 1998 Form 10-K and other reports filed with the Securities and Exchange Commission.
Attachment B -
Ricochet Product Description
•
RICOCHET® WIRELESS NETWORK BY METRICOM�:
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DESIGNED FOR FLEXIBLE
ENGINEERED FOR PERFORMANCE
RICOCHET TECHNOLOGY: A NETWORK OVERVIEW
Building on over twelve years of research and "Being able to utilize key technology
direct experience in the wireless telecommunica- while retaining a sense of community is
tions industry, Metricom has developed the best San Jose's key to success. Our police and
solution in its class for accessing remote informa- fire teams,finance department, libraries,
tion. With FCC authorization, using patented and International Airport management
technology and license-free radio frequencies use Metricom's wireless data network to
(RF), the Ricochet network and services provide access information and communicate in
wireless data access that is efficient, reliable, and real time from off-site locations."
compatible with existing hardware, software, and MAYOR SUSAN HAMMER
industry protocols. CITY OF SAN JOSE
Metricom combines the advantages of its high-
speed wired network with the convenience and
flexibility of RF technology to deliver high "Secure access to our network is vital to
throughput and maximum reliability. The result our success. With Ricochet, I can tap into
/�f this unique combination of technology is our servers, communicate via e-mail, and
( ricochet wireless data access. obtain critical files, internal demonstra-
tions, and presentations wherever I am
A wide-area digital solution, the Ricochet system within a Ricochet coverage area."
consists of a packet-switching radio network that BRIAN REEVES, CEO
uses spread-spectrum data technology and BEYOND SOFTWARE
Metricom's patented frequency-hopping mesh
architecture. The network allows for efficient,
secure transfer of data, and fast access to a variety
of individual, enterprise, national, and interna-
tional networks. -
S..
s
,
This brochure contains a detailed overviewof the Ricochet technology,and is „.0.-.14, - :� . •
designed for use by technically-oriented personnel considering the Ricochet system \
rfor their thier community's right-of-way,and for others interested in the behind-
the-scenes technicalities of the Ricochet net-Work. e - L
Ti-wRICOCHET NETWO
WHY IT'S UNIQUE: THE MICRO CELLULAR DATA NE TWORKTM (MCDNTM)
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Metricom's patented MicroCellular Data Network MESH ARCHITECTURE
(MCDN)is the foundation of the wireless architecture Microcell radios are strategically placed every quarter-to
used by the Ricochet system. MCDN consists of these half-mile in a checkerboard pattern, the basic structure of
primary technology elements: the Ricochet network.The "mesh" architecture handles
both the data traffic and the maintenance backhaul.A
• wireless,packet-switched,networking, higher density network ensures safe,efficient transmission
• geographic deployment(or"mesh" architechture), of data,and better indoor penetration of the radio signals.
• spread-spectrum, frequency hopping for data integrity Ricochet wireless modems communicate with the
and security, MicroCellular Data Network, giving users mobile access
• the 902-928 MHz and 2.4GHz license-free frequency to data.
bands,
• licensed frequencies utilizing private telecommunication FREQUENCY-HOPPING,SPREAD-SPECTRUM TECHNOLOGY
facilities,and Each microcell radio employs 162 frequency-hopping
• sophisticated network authorization to insure privacy. channels at the 900MHz band (or 260 at the 2.4GHz
band), and uses a randomly selected hopping sequence,
The Ricochet network is designed to keep data transmis- enabling multiple subscribers to use the network simulta-
sions small,brief,and secure. Minimal power and trans- neously.The network breaks up information and spreads
mitter duty cycles are used in the network to maintain data across the license-free radio spectrum in small, opti-
high throughput and "neighbor friendly" operation. mized packets.
PACKET-SWITCHED NETWORKING NETWORK AUTHORIZATION
or efficient tranfer over radio waves,the Ricochet net- Metricom's sophisticated database,the "Name Server,"
irk transmits data by segmenting and routing informs- acts as a gatekeeper to the Ricochet network. It monitors
non in discrete data units called "packets," each with its all microcell radios and wireless modems accessing the
own'control information for routing,sequencing,and network, ensuring that each device is authorized for spe-
error checking. Packet-switching allows a communication cific areas of access.The name server adds another level of
channel to be shared by multiple users,each using the security for all individuals and organizations using the
channel only for the time required to transmit a single Ricochet network.
packet—typically less than 20 ms.
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MOBILE USER WITH RICOCHET WIRELESS MODEM Ai
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STUDENTS ACCESSING INFORMATION WITH RICOCHET NETWORK
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How IT WORKS: A STEP—BY—STEP GUIDE
1. RICOCHET WIRELESS MODEMS ACKNOWLEDGEMENT AND ERROR CHECKING
While there are different models of the Ricochet modem,they To ensure reliable transmission of data,the receiving microcell
are all designed with the same objectives: simple installation, radio sends a brief Acknowledgement(ACK)data packet back to
easy portability,compact size,and rugged design.All Ricochet the originating radio.Within this packet is a summary of data
modems work with a variety of Macintosh®,Windows®,and received,which confirms the accuracy of transmission when
UNIX machines—plus a variety of handheld computers. authenticated.
ACQUISITION/AUTHORIZATION 3. WIRED ACCESS POINTS (WAPs)
Acquisition is a necessary first step for each radio on the net- Within a given region,the WAPs and microcell radios combined
work.When a radio is turned on,it locates neighboring radios can support thousands of subscribers.WAPs are strategically
and Ricochet modems by sending out information packets. placed,one within a 10-to 20-square-mile area,to collect and
Once it receives acknowledgement packets from neighboring convert the radio frequency packets into a format for transmis-
radios and authorization from the name server,it becomes a sion on a wired IP network backbone.The WAPs are typically
fully functional member of the network. located on existing private or municipal facilities,and utilize both
licensed and license-free spectrum.
2. MICROCELL RADIOS
The Ricochet network consists of self-contained,shoebox-sized ETHERNET RADIOS
radio transceivers called microcells,which are typically mounted Integral to the WAPs,the Ethernet radios include Ethernet hard-
to streetlight or utility poles.Microcells are configured to route ware and software components.They convert radio data packets
incoming packets to the optimal Wired Access Point(WAP). into a format for transmission over an IP-based network,then
pass the data onto the wired backbone network.
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WHAT IT PROVIDES: FLEXIBLE ACCESS
WIRELESS CONNECTIVITY PRIVATE NETWORKS
• INTERNET AND E-MAIL • PRIVATE WIRELESS GATEWAY SERVICE
Located at the Network Interface Facility(NIF), the Metricom uses frame relay or other wired-line technolo-
Ricochet Internet Gateway provides access for Ricochet gies to connect the client's private LAN to the Ricochet
subscribers to the Internet, regardless of their location. backbone.The name server verifies that Ricochet modems
The Gateway acts as the door between the Ricochet net- are registered to the organization and allows access to the
work and the Internet-specific protocols like Point-to- private network through the Wireless Gateway service.
Point Protocol(PPP), the standard for serial connections The Wireless Gateway converts the radio packets into
to the Internet. protocols which can be used on the private network.
• LAN ACCESS MODEM
Designed for smaller organizations as an alternative to a
wired-line modem for dial-in access to the organization's
WIRED ACCESS POINT(WAP)
MICROCELL RADIO /
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_A .icochet LAN Access Modems can be attached to a DIAL-UP SERVICES
-ommunications server on-site. In this setup, each modem
:onnection on your server acts as a traditional dedicated • TELEPHONE MODEM ACCESS(TMA) WITH A
Jial-in phone line. RICOCHET WIRELESS MODEM
The Ricochet TMA service option enables users to access
• VIRTUAL PRIVATE NETWORK(VPN).SOLUTION'S data via the Public Switched Telephone Network(PSTN)
Security on the Ricochet system can be enhanced by with their wireless modems.The name server confirms
integrating it with your organization's third-party VPN your request for TMA service, checks the phone number
solution. Ricochet modems take data transmissions from you are dialing, and connects you with a TMA server in
users,and transfer them via an Internet connection to the the appropriate area code. At each NIF, Metricom main-
VPN server on the private network site. Your organiza- tains a bank of phone modems which allow subscribers to
tion's VPN server ensures extra security through additional connect to TMA servers with the same area code as the
encapsulation and encryption. destination dial-up service,saving on long-distance toll
charges.
• DIAL-IN SERVICE WITH A STANDARD PHONE MODEM
An optional Ricochet service.When outside the Ricochet
coverage areas, subscribers can access the Internet or get
e-mail with this option, available in two levels of service
(requires a standard phone modem).
NETWORK INTERFACE FACILITY (NIF)
— ONE NIF PER GSA
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NETWORK OPERATIONS CENTER(NOC)
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SUPPORTING COMPONENTS -. NETWORK OPERATIONS CENTER (NOC)
The WAP incorporates additional computer equipment designed Currently,a central Network Operations Center(NOC)serves
to both manage the data flow and route packets properly,includ- the entire Ricochet system,which has been designed to be scal-
ing a hub,router,Data Service Unit/Channel Service Unit able.The central NOC actively monitors Ricochet operations
(DSU/CSU),Metricom Ethernet power distribution unit(EPDU) using a sophisticated network management system,which main-
and uninterruptible power supply(UPS). tains the integrity of the Ricochet network,boosts efficiency,
and ensures secure transmissions by authorizing transmissions
LINK TO HIGH-SPEED, WIRED BACKBONE from Ricochet modems.
To minimize latency and improve system performance,the
Ricochet network moves wireless data to a wired system as soon NAME SERVER
as possible.The WAPs convert radio data packets to protocols Integral to operating Ricochet's dial-up and Internet access ser-
which can be used on a nationwide,wired backbone,which takes vices,the Name Server performs two functions: validating the
advantage of the faster speeds inherent in wired-line technologies. subscription for each Ricochet modem on the network,and
approving service requests—such as gateway access—from the
4. NETWORK INTERFACE FACILITY(NIF) individual modems.If either the subscriber serial number is
Today,one Network Interface Facility(NIF)serves a given invalid,or the service requested was not purchased by the user,
Geographic Service Area(GSA),providing control and mainte- the access request is denied. Only after the Ricochet modem
nance for the metropolitan Wide Area Network(WAN).Each successfully registers with the Name Server can the subscriber
NIF consists of routing equipment and gateways which are co- gain access through the Ricochet network.
located at major telecommunications centers.The NIFs connect
the Ricochet wired backbone to other major networks,including
Internet,corporate and university LANs,and major online
es.
K: EHIND TETE SCENES
RICOCHET DATA AND STATISTICS TECHNICAL SPECIFICATIONS
•NERAL INFORMATIONeik
RICOCHET NETWORK COMPONENTS
ailing Technique: Frequency Hopping
..upping Technique: Pseudorandom,Asynchronous
MICROCELL RADIO
Typ.System Transmission Time: ranges from 10-200 ms per packet,
depending on size • Enclosure is die cast aluminum painted white
Effective System Baud Rate: 128 kbps typical download • Measures 12"x 7.2"x 4.00"
Modem Command Set: Standard AT Command Set • Weighs 8 lb.
Protocols Supported: AT,PPP,IP,FTP,HTTP,and HTTPS • Omni Antenna Gain is+5 dBi(900 MHz),and
Regulatory Compliance: FCC Part 15.247 Unlicensed +8 dBi(2.4 GHz)
Spread-Spectrum•
Industry Canadian Requirements ENVIRONMENTAL
specified in DOD RS210 for spread- •
Operating Shock is 40 g, 11 ms,Half Sine
spectrum products
• Salt Spray,Per ASTM B117-85,for 5 days
RICOCHET RF SPECIFICATIONS • Rain Tightness,4"/Hr rainfall at 70 MPH per
Mil Std 810,Method 506.3
Operating Frequency Ranges: 902-928 MHz and •
2.400-2.483 GHz
Operating Temperature Range is-40°to+60°C
Number of Channels: 162—900 MHz • Storage Temperature Range is-40°to+85°C
260—2.4 GHz • Humidity is 95% RFI Non-Condensing at 60°C
Channel Spacing: 160 kHz—900 MHz
• 320 kHz—2.4 GHz POWER AND POWER LINE SUSCEPTIBILITY
Typ.RF Data Rate: 484 kbps—900 MHz • Input Voltage is 85-288 VAC nominal
970 kbps—2.4 GHz • Yearly Power Consumption is approx.250 kWh
Typ.Baseband Modulation: 7t/4 DQPSK—900 MHz
(Differentially-encoded Quaternary
Phase-Shift Keyed digital modulation
with n./4 radian quantization states.) WIRED ACCESS POINT(WAP)
16 QA/v1—2.4 GHz • Up to 16 Ethernet Radios,connected via
(Quadrature Amplitude Modulation, lOBase T cabling
multi-level digital modulation) • Licensed and license-free frequencies
illemp.Receiver Sensitivity: 100 dBm • Metricom EPDU(Ethernet Power Distribution
2x.Transmitter RF Output: +30 dBm(1 Watt)Maximum Unit)
ry
SECURITY MEASURES ! • One DSU/CSU(Data Service Unit/Channel
Service Unit)
Radio Frequencies(RF): Frequency-Hopping Spread Spectrum • ATM Switch Equipment
Ricochet Authorization: Name Server•Ricochet System•
• -48 VDC Power Source
Gateway access•connection password
Authentication: Radius•CHAP•TACACS+ • Telephone Modem
Data Encryption: VPN•RSA RC-4 • One secure hardware cabinet
e
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PR.
0
--'..- :,.-...:/ Metricom,Inc.(NASDAQ:MCOM),the established leader in wireless
data communications technology,develops and markets the Ricochet
wireless network and services.To learn about Metricom,visit us in
the Internet at www.metricom.com or www.ricochet.net.
METRICOM, INC. Copyright m 1998 Metricom,Inc.All rights reserved.As with tele-
980 University Avenue phone modems,speeds vary based on location,application,hard-
Los Gatos, CA 95032 ware,and software.Metricom,the Metricom logo and Ricochet are
registered trademarks of Metricom,Inc.MCDN and MicroCellular
' 408.399.8200 Data Network are trademarks of Metricom,Inc.All other trade-
r
www.metricom.com marks are the property of their respective owners.
Ri�+.i.-ewn www.ricochet.net Part Number ROW-NOB-8/98
Metricom
PUBLIC BENEFITS OF
THE RICOCHET WIRELESS NETWORK
Public Benefits
• Brings leading-edge technology to your community, including businesses,
households, schools, public service agencies, and medical facilities.
• Provides non-emergency communications for dispatch vehicles, such as police, fire,
building inspectors, appraisers,parks and recreation, etc.
• Wireless"e-mail" for the city and the community at large.
• Inter-city wireless communications and information updates, such as missing children
reports.
• Wireless access to online community services.
• Wireless access to Internet& other online services.
• Wireless access to corporate and university LANs (Local Access Networks).
• No cost to the City for network deployment or maintenance.
• No planning issues or health and safety concerns, as with higher-powered systems.
• Non-exclusive agreement gives the City flexibility for arrangements with other
providers.
• Minimal visual impact to municipal infrastructure and no cabling or trenching in the
public rights of way, as with cellular/PCS and fiber-optic cable installations.
• Proven technology. Fastest data network available.
• Compatible with existing communications software and hardware.
• Low cost to end user—a flat rate of$29.95 per month for unlimited Internet access.
Some Ways City Can Use Ricochet
• Traffic Control (Interconnecting traffic lights to database where landline connection
not practical; still photos of traffic flow)
• Fire crews on site can download building floor plans
• Police can send suspect photos from field to station for quick ID
METRICOM'S RICOCHET REMOTE ACCESS
SOLUTIONS
GENERAL OVERVIEW -
The NMetricom Ricochet Network provides several methods for remote access
connectivity solutions. The Ricochet Network combines the advantages of the
high speed wired network and the convenience, flexibility and mobility of the
Radio Frequency (RF) network. The Ricochet Network consists of a private IP-
based backbone network, with connections to other networks, and RF devices.
Metricom Ricochet RF Radios are installed throughout a geographic area so
that Ricochet modem users can access the Ricochet network services. Except
for inter-WAP (Wired Access Points) connections, all packet traffic is routed
onto the Metricom IP backbone network. A Metricom Name Server processes all
modem connection requests and provides addressing and routing information for
all modems and radios on the network. The backbone also offers Ricochet
subscribers gateways to the Telephone Modem Access (TMA) services, the
Internet and other private networks.
Data packets transmitted by Ricochet modems in the RF world enter the
Metricom IP backbone through WAPs. WAPs are located at specific sites in the
Ricochet Network coverage area. Each WAP consists in part of a larger Poletop
radio rooftop installation of up to 16 Ethernet Radios. Inside the WAP site
are the other WAP components, a hub/router, and a CSU/DSU unit with
connections to a T1-based Frame Relay network. As more WAPs are installed,
the Ricochet network grows larger.
Ricochet radios are configured to send their data packets through the
nearest WAP. This reduces the number of "hops" an RF packet might take to
reach the Metricom backbone network.
A key WAP component is the Ethernet Poletop Radio. This Poletop radio
converts RF-based packets—bursts of data into UDP (User Datagram Protocol)
packets. This radios encapsulation services allow RF packets to traverse the
IP-based backbone network. When packets are Internet-bound, they are routed
to the IP Gateway which accepts these UDP packets and transforms them into IP
packets. These Internet bound IP packets can now be transmitted to hosts on
the Internet.
There are many ways to utilize the Metricom Ricochet network for mobile
usage. Ricochet portable modems can communicate Peer-to-Peer or connect to
other services through a WAP. A high speed serial version of the Poletop
radio is available for Peer-to-Poletop connectivity. Remote access solutions
such as Windows95 and WindowsNT are compatible over the Ricochet Network. For
access to the Internet or private networks, a Metricom Ricochet Gateway (MRG)
is also available for connectivity over IP or X.25.
A short description of each type of connectivity option will be discussed
below. A detailed data sheet is available on each type of connection also.
Peer-to-Peer Remote Access Solutions
- Email and Groupware
- Windows95 and WindowsNT
A Metricom Ricochet portable modem can communicate with another Ricochet
modem in Peer-to-Peer mode. There are many applications that can take
advantage of this design. A Windows95 or WindowsNT user who is mobile in the
field with their laptop can communicate back to his desktop PC or company
network via RF. With a maximum serial input speed of 115,200Bps into the
Ricochet modem, true mobile connectivity can be achieved without a wired phone
connection or cellular phone charges.
For Windows95 and WindowsNT users, installation is simple. Install a
Ricochet Portable modem on your desktop PC and allow the OS to auto-detect
the modem. Enable Dial Up Networking (Windows95) or RAS (Remote Access
Service) (WindowsNT) , share a folder or disk drive, and the dial-in PC is ready
to accept calls. Perform the same steps on the mobile PC, and Dial in. It's
that easy! You can now access your desktop PC files or Network data from
anywhere in the Ricochet coverage network just as easy as if you were sitting
at your desk. Mobile users can now access data that was not accessible
previously via other methods. Maximum savings can be achieved since no long
distance, toll charges, connect time, or cents per packet charges apply when
using the Ricochet service. Users can now stay connected all day for the same
low price. Users of POP mail accounts can utilize the Windows95 Microsoft
Exchange feature and essentially stay on line live with their Email accounts.
A Metricom Ricochet portable modem can supplement a modem pool previously
used for dial in access for Email, Groupware and Remote network access. If
you have installed large modem pools for dial in access to Email, Groupware,
and remote network access, the Ricochet network can provide many benefits over
this setup. Multiple Ricochet modems can be attached to a PC and set to the
same address. This allows for multiple users to connect to that PC or your
Network while always dialing the same address. This unique address can also
be customized so that users need not remember long dial strings.
When the Dialup PC is located in the basement of a building or a building
with poor RF penetration, a Metricom Ricochet Poletop radio can be utilized.
This Ricochet radio is a larger and more powerful version of the portable
radio. The Poletop radio is typically placed on the rooftop of your building
with a RS-232 serial cable installed down to the Dialup PC's serial port.
This setup is beneficial as it also reduces the total number of hops that a
Ricochet RF packet has to travel. The Poletop radio is actually acting as -an
extended portable radio on the roof. Having a serial connection has many
advantages. Email servers can now accept calls over the Ricochet network.
Groupware clients can now access important data wirelessly from anywhere in
the Ricochet Network coverage area. This can significantly reduce the
required phone modems and phone lines typically required for dial-in access.
Administrators no longer need to purchase blocks of phone lines to allow users
to dial into their network.
Telephone Modem Access (TMA) Solutions
Metricom Ricochet portable modems have the ability to access a Public
Switched Telephone Network (PSTN) , wirelessly. True mobility can be achieved
by utilizing this unique Ricochet service. The ability to dial into a BBS or
connect to a modem interface without the need to locate a phone jack is a true
mobile plus. Metricom has installed high speed analog modems directly between
the Ricochet network and the PSTN. By simply dialing the TMA access code and
entering in the dial string, connectivity is achieved at the highest possible
speeds. No special setup is required, just dial as though you were connecaed .
to a PSTN line. This remote access solution is desirable when you requ re
connectivity to a system that has only dial in access. Laptops, PDA' s and
PIM' s now have the ability to be truly portable without loss of network
connectivity. Conections to compuserve, AOL, Prodigy, and BBS' s are now no
longer PSTN dependent in order to access them.
Internet WWW Access Solutions
With the addition of a TCP/IP stack on a PC, the ability to browse the World
Wide Web (WWW) is easily accomplished, wirelessly. Web browsers such as
Mosaic, Netscape and Microsoft Network (MSN) work seamlessly over the Ricochet
network. Utilizing the PPP protocol, the remote PC connects to the Internet
Gateway.. over Ricochet. This gateway enables the user to access the WWW and
any other services that are connected to the internet. Windows95 and
WindowsNT users get a TCP/IP stack already included in the Operating System
(OS) . Other desktop OS' s such as Dos, Windows 3.x, and MacOS etc. can install
a IP stack that works seamlessly with PPP. If your company has a direct
connection to the internet, you can now FTP files from your companies work
server down to your laptop, wirelessly! Users no longer are required to
search for phone lines to send and receive data back to their company. •
Metricom Ricochet Gateway - IP and X.25 Solutions
The Metricom Ricochet Gateway (MRG) provides a low cost, scaleable access to
remote access services (RAS) and other LAN or WAN access. Metricom currently
offers two versions of the MRG; an IP Gateway and a X.25 Gateway. These
gateways provide customers with connectivity over SLIP (Serial Line IP) , CSLIP
(Compressed SLIP) and PPP (Point-to-Point) protocol packets. Some of the
features of this high speed gateway service include: •
- Fully customized software for easy integration into the local network.
- Gateway security to prevent unauthorized access to the networks on either
side of the gateway and the gateway itself.
- Easy to use interface for status information and troubleshooting.
- Fully redundant operation in case of primary gateway failure.
The MRG is a Sun Sparc station with two network interfaces. One of the
network interfaces (NIC) connects to the Ricochet Network. The other network
interface connects to your private network. Two IP stacks are running .
concurrently on the gateway. The MRG is both a Router and a protocol
converter that has the functionality of a modem bank, but at a substantially
lower cost. The MRG is scaleable for small to large customers. In the MRG,
there is a virtual radio process running. This virtual radio process makes
the MRG look like a single Ricochet modem address to numerous simultaneous
users. The overall capacity depends on the type and size of the hardware the
MRG is running on, the memory in the MRG and the size of the IP pipeline.
Scaleability is easily managed as the companies users and needs expand.
The MRG is delivered with its software fully installed and configured for
operation on your network. Prior to installation, Metricom personnel will
consult with the network administrators regarding many network setup and
addressing requirements. The MRG can be set up as a single-gateway or dual-
gateway backup configuration. The MRG has the built-in capability of
supporting many security options that include modem passwords, Tacacs or
Kerberos for connection security. The MRG utilizes PPP protocol security and
also supports CHAP.
The MRG is given an IP address for the gateway' s LAN interface. One Class C
address or whole subnet is used to allocate IP addresses to connections; if
providing a subnet, the subnet mask must be the same as that used on the local
LAN. The MRG is also configured with the IP address of the default router
that sits on that LAN segment for routing. In addition, if your gateway-
exposed routers do not listen for Routing Interface Protocol (RIP) packets, a
static route to the network or subnetwork allocation through the IP address of
the gateway' s LAN interface will be set up.
In a single-gateway operation, a second process immediately takes over if
the primary process fails. This preserves the active connections without
disrupting gateway operations. The takeover is just as seamless in a two-
gateway configuration—current connections are maintained with a transparent
switchover to the other gateway server.
The 'MRG requires little space, provides maximum simultaneous connections,
provides security, and is easily scaleable to fit any sized company
requirements.
Attachment C -
Chicago Area Cities with
Metricom Agreements
e " METRICOM
APPROVED CHICAGO AGREEMENTS
Chicago, Illinois GSA
Addison Pox River Grove North Chicago
Algonquin Glenview Northfield
Alsip Glenwood Oak Brook
Aurora Golf Oak Forest
Barrington Hanover Park Oak Lawn
Barrington Hills Hawthorn Woods Oak Park
Bartlett Hazel Crest Oakbrook Terrace
Bedford Park Hickory Hills Olympia Fields
Bensenville Hillside Orland Hills
Berkeley Hodgkins Park Forest
Bolingbrook Hoffman Estates Prospect Heights
Bridgeview Hometown River Forest
Broadview Indian Creek River Grove
Buffalo Grove Indian Head Park Riverdale
Burbank Island Lake Riverwoods
Burnham Itasca Robbins
�,l
Burr Ridge Justice Rolling Meadows
Carpentersville Lakewood Roselle
C.ary Lansing Round Lake Beach
Chicago Heights Lemont Round Lake Heights
Chicago Ridge Lombard Sauk Village
Clarendon Hills Lynwood Schaumburg
Country Club Hills Lyons Schiller Park
Crest Hill Markham Shorewood
Crystal Lake Matteson Skokie
Darien Maywood South Chicago Heights
Deer Park McCook South Holland
Deerfield Merrionette Park Steger
Des Plaines Midlothian Stidcney
Dixmoor Montgomery Summit
Downers Grove Morton Grove Third Lake
East Hazel Crest Mount Prospect Tinley Park
Elmhurst Naperville Villa Park
Evanston New Lenox Warrenvillc '
Evergreen Park Niles West Chicago
Ford Heights Noreidge Wcstel ester
Forest View North Aurora Western Springs
Westmont Willowbrook Total 117
Wheaton Wilmette
P Wheeling Woodridge
METRICOM
APPROVED AGREEMENTS BY JURISDICTION
Boston,Massachusetts GSA
Cohasset Scituate Total 5
Dedham Stoughton
Rockland
Dallas, Texas GSA
Addison Frisco Rowlett
Allen Grand Prairie Sansom Park
Bedford Grapevine Southlake
Carrollton Haltom City Tarrant County
Cockrell Hill Hickory Creek The Colony
Collin County Hurst University Park
Colleyville Keller Watauga
Coppell Lake Dallas Westover Hills
Dallas McKinney Westworth
Dalworthington Gardens Mesquite White Settlement
Euless North Richland Hills
Farmers Branch Pantego Total 38
Flower Mound Richland Hills
Fort Worth River Oaks
Denver,Colorado GSA
Commerce City Northglenn
Foxfield Sheridan Total 4
Houston,Texas GSA
Bellaire La Porte Shenandoah
Brazoria County League City Shoreacres
Brookside Village Meadows South Houston
Conroe Missouri City Southside Place
Deer Park Montgomery County Sugar Land
Fort Bend County Nassau Bay . Taylor Lake Village
Galveston County Oak Ridge North Tiki Island
Houston Pearland Webster
Katy Richmond
Kemah Rosenberg Total 30
La Marque Seabrook
Los Angeles,California GSA
Agoura Hills Bellflower Commerce
Anaheim Beverly Hills Costa Mesa
Arcadia Bradbury Covina
Artesia Buena Park Cudahy
Azusa Burbank Culver City
Baldwin Park Carson Cypress
Bell Cerritos Diamond Bar
Bell Gardens Claremont Downey
fi'n
Duarte Lawndale Santa Ana
El Monte Lomita Santa Clarita
Garden Grove Long Beach Santa Fe Springs
Gardena Los Alamitos Seal Beach
Glendale Los Angeles Sierra Madre
Glendora Malibu Signal Hill
Hawthorne Manhattan Beach South El Monte
Hermosa Beach Maywood South Gate
Huntington Beach Mission Viejo South Pasadena
Huntington Park Montebello Stanton
Industry Newport Beach Temple City
Inglewood Orange Torrance
Irvine Paramount Villa Park
La Canada Flintridge Pasadena Walnut
La Habra Placentia West Covina
La Habra Heights Pomona West Hollywood
La Mirada Rancho Palos Verdes Wesdake Village
La Palma Redondo Beach Westminster
La Puente Rolling Hills Whittier
La Verne Rosemead
Laguna Hills San Dimas Total 91
"I'' Laguna Niguel San Fernando
Lake Forest San Gabriel
Lakewood San Marino
New York,New York GSA
Asharoken,NY Livingston,NJ Roslyn Estates,NY
Atlantic Beach,NY Lynbrook,NY Saddle River,NY
Bayonne,NJ Lyndhurst,NJ Shoreham,NY
Belleville,NJ Madison,NJ South Bound Brook,NJ
Boonton,NJ Metuchen,NJ South Floral Park,NY
Bound Brook,NJ New Brunswick,NJ South Plainfield,NJ
Brookhaven,NY New Hyde Park,NY Teterboro,NJ
Fair Lawn,NJ New York City,NY Union,NJ
Fanwood,NJ North Arlington,NJ Village of the Branch,NY
Farmingdale,NY Palisades Park,NJ Wallington,NJ
Florham Park,NJ Passaic,NJ Wanaque,NJ
Flower Hill,NY Pompton Lakes,NJ
Harrison,NJ Roselle,NJ Total 37
Philadelphia, Pennsylvania GSA
Abington,PA Brookhaven,PA Darby,PA
Ambler,PA Bryn Athyn,PA Doylestown,PA
Audubon Park,NJ Burlington,NJ East Lansdowne,PA
Barrington,NJ Chalfont,PA Easttown,PA
'I'` Bellmawr,NJ Chester City,PA Elsrnere,DE
Beverly,NJ Cinnaminson,NJ Folcroft,PA
File Updated: June 17,1999 Updated by: M110
Time: 3:51 PM
Haddonfield,NJ Maple Shade,NJ Stratford,NJ
Haddon Heights,NJ Merchantville,NJ Upper Gwynedd,PA
Hi-Nella,NJ National Park,NJ West Chester,PA
Hulmeville,PA North Wales,PA Wilmington,DE
Ivyl nd,PA Oaklyn,NJ
Lansdale,PA Pennsauken,NJ Total 38
Laurel Springs,NJ Schuylkill,PA
Lindenwold,NJ Somerdale,PA
Phoenix,Arizona GSA
El MirageMaricopa County Total 6
Fountain Hills Mesa
Litchfield Park Peoria
Riverside,California GSA
Canyon Lake Loma Linda Riverside
Chino Montclair San Bernardino
Chino Hills Moreno Valley Temecula
Colton Murrieta Upland
Corona Norco Yucaipa
Fontana Ontario
Grand Terrace Perris Total 23
Highland Rancho Cucamonga
Lake Elsinore Rialto
San Diego,California GSA
Chula Vista Lemon Grove Solana Beach
El Cajon National City Vista
Encinitas Poway
Escondido San Diego Total 14
Imperial Beach San Diego County
La Mesa San Marcos
San Francisco, California GSA
Alameda Contra Costa County Larkspur
Alameda County Corte Madera Livermore
Albany Cupertino Los Altos
Antioch Daly City Los Altos Hills
Atherton Danville Los Gatos
Belmont Dublin Marin County
Belvedere East Palo Alto Martinez
Berkeley El Cerrito Menlo Park
Brisbane Fairfax Mill Valley
Burlingame Foster City Millbrae
Campbell Fremont Milpitas
Capitola Hayward Monte Sereno
Concord Hillsborough Moraga Town
File Updated: June 17,1999 Updutcxl by: MI1O
Time: 3:51 PM
Morgan Hill Richmond Santa Clara County
Mountain View Ross Santa Cruz
Newark San Anselmo Santa Rosa
Novato San Bruno Saratoga
Oakland San Carlos Sausalito
Orinda San Francisco,City& South San Francisco
Pacifica County of Sunnyvale
Palo Alto San Jose Tiburon
Piedmont San Leandro Union City
Pittsburg San Mateo Vallejo
Pleasant Hill San Mateo County Walnut Creek
Pleasanton San Rafael Woodside
Portola Valley San Ramon
Redwood City Santa Clara Total 78
Seattle,Washington GSA
Algona Issaquah Pacific
Auburn Kent Redmond
Bellevue King County Renton
Bothell Kirkland ScaTac
Brier Lake Forest Park Seattle
emsBurien Lynnwood Sumner
Des Moines Mercer island Tukwila
Edmonds Mill Creek Woodinville
Everett Mountlake Terrace Yarrow Point
Federal Way Mukilteo
Fife Normandy Park Total 31
Washington,DC GSA
Alexandria,VA District Heights,MD Manassas,VA
Annapolis,MD District of Columbia Martin's Additions,MD
Arlington County,VA Edrnonston,MD Montgomery County,MD
Berwyn Heights,MD Fairfax County,VA Mount Rainier,MD
Bladensburg,MD Fairfax,VA New Carrollton,MD
Bowie,MD Falls Church,VA North Brentwood,MD
Brentwood,MD Forest Heights,MD Occoquan,VA
Capitol Heights,MD Gaithersburg,MD Prince George's Cty,MD
Cheverly,MD Garrett Park,MD Riverdale,MD
Chevy Chase,MD Glenarden,MD Rockville,MD
Chevy Chase Sec. Five,MD Greenbelt,MD Somerset,MD
Chevy Chase View,MD Herndon,VA Takoma Park,MD
Chevy Chase Village,MD Hyattsville,MD University Park,MD
College Park,MI) Kensington,MD Washington Grove,MD
Colmar Manor,MD Landover Hills,MD
Cottage City,MD Laurel,MI) Total 46
Pik U1xlatcd: June 17,1999 Updated by: MI.1O
Time: 3:51 PM
Other Agreements
Corvallis,OR Gering,NE Total 6
Dearborn,MI Scotts Bluff,NE
Eugene, OR Atlanta, GA
Total Approved Agreements - 564
C
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File Up<18ted: June 17,1999 Updalcd by: MFIO
Time: 3:51 PM