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SHORT SPACE AGREEMENT AGREEMENT FOR THE OPERATION OF MULTIPLE ADDRESS SYSTEM STATIONS IN THE PRIVATE OPERATIONAL-FIXED MICROWAVE RADIO SERVICE WITH SPACING CRITERIA LESS THAN THAT SPECIFIED BY THE FEDERAL COMMUNICATIONS COMMISSION THIS AGREEMENT ("Agreement") is entered into this ~~ day of ~~ 199^ ("Execution Date"), by and between CN WAN Corp., a Del ware corporation ("CN") and the City of Pleasanton ("Licensee") concerning the operation of Multiple Address Systems ("MAS") in the Private Operational-Fixed Microwave Radio Service ("OFS") with mileage separation less than that prescribed by the Federal Communications Commission ("FCC"). RECITALS WHEREAS, Section 94.63 (d) (4) (i ) of the rules of the FCC ( 47 C.F.R. §94.63(d)(4)(i)) requires a 90 mile separation between fixed, master stations of MAS systems that utilize the same channels; WHEREAS, Section 94.15(b)(2) of the rules of the FCC (47 C.F.R. §94.15(b)(2)) permits applications to be granted in cases where the separation requirements of §94.63 are not met, if all affected parties have agreed to accept the higher levels of interference; WHEREAS, Licensee has a license to operate a fixed MAS master station, call sign WNTZ752 in Pleasanton, California at latitude 37-39-02 north and longitude 121-51-42 west on frequency pair 952/928.30625 MHz; and WHEREAS, CN proposes to submit an application to the Federal Communications Commission to locate an MAS station on frequency pair 952/928.30625 MHz within 90 miles of Licensee's system; NOW, THEREFORE, in consideration of the premises,. mutual promises herein made, and the representations, warranties, and covenants herein contained, Licensee and CN agree as follows: 1. Licensee and CN unconditionally agree to a waiver of the spacing criteria stipulated in Section 94.63(d)(4)(i) of the FCC's Rules.