Memorandum of Understanding regarding

Air to Ground Communications between

____________________________________ and the

State of Oklahoma Office of Management and Enterprise Services

1. MOU Purpose This Memorandum of Understanding (MOU) documents the intention of the Office of Management and Enterprise Services (“OMES”) to grant (“Agency/Jurisdiction”) ____________________________________________ permission to operate on the radio frequency identified below and which has been granted and assigned to the State of Oklahoma by the Federal Communications Commission (the “FCC”). This MOU is required and authorized in compliance with FCC rules and regulations, part 90.421, regarding the sharing of radio frequencies. Subject to performance by Agency/Jurisdiction under the terms of this MOU, the following license and associated frequency shall be available for use:

WQPB776 158.8800

This channel will be referred to as the OK A/G 1 (158.8800) and is to be used for air to ground communications use pertaining to emergency incident response and coordination. The Agency/Jurisdiction agrees to comply with the terms set forth herein.

2. Responsibilities of the Parties

A. The Agency/Jurisdiction agrees to:

i. Continue to maintain its radio communication equipment to manufacturer and FCC specifications;

ii. Use its best efforts to maintain security against loss, theft or unauthorized use of radio communication equipment operating on any State of Oklahoma frequency (“State Frequencies”);

iii. Report immediately to OMES, at the e-mail address set forth below, any incident that causes loss of control of any radio communication equipment operating on the State Frequencies;

iv. Submit equipment inventory updates to OMES prior to introducing new radio

communication equipment programmed with the air to ground frequency into service and as old or obsolete equipment is retired;

v. Use “Plain Language”1 for all voice transmissions; vi. Refrain from radio traffic on the above-identified frequency not pertaining to

emergency incident response / coordination; and vii. Promptly provide OMES all information requested of the Agency/Jurisdiction

that is related to use of the State Frequencies or the terms set forth herein.

B. OMES agrees to:

i. Use commercially reasonable efforts to secure and maintain FCC licensing for all frequencies subject to this MOU;

ii. Use “Plain Language”1 for all voice transmissions; iii. Use commercially reasonable efforts to identify any inappropriate use of the air

to ground frequencies and mitigate the same from occurring in the future; and iv. Use commercially reasonable efforts to minimize traffic on air to ground

frequencies to maximize usage during emergencies. 1 “Plain Language” is clear language, in English, that can be understood without concerns of ambiguity. Jargon, 10 codes, acronyms, and Agency/Jurisdiction-specific terms or phrases will not be allowed.

3. Programming and Technical Requirements All radio communication equipment used on the State Frequencies must comply with current FCC rules and regulations and must operate within the following parameters:

A. Narrowband; B. Maximum 10 watts Effective Radiated Power (ERP) on the channel(s) designated

herein; and C. Display must be programmed to read as one of the following:

OK A/G 1 OK A-G 1 OK A G 1

4. Term of MOU

The term of this MOU shall begin when both parties have executed this MOU and shall remain in effect until modified or replaced by an amendment or superseding agreement executed by both parties, or until terminated as set forth herein. Either party may terminate this MOU by providing at least sixty (60) days written notice of such termination to the other party at the address shown below, as may be updated from time to time. Notwithstanding the preceding provisions, this MOU shall automatically terminate upon the occurrence of any of the following:

A. All or substantially all of the authorizations held by the State of Oklahoma are revoked by the FCC;

B. Use of the State Frequencies by the Agency/Jurisdiction other than as set forth herein or in any other agreement between OMES and the Agency/Jurisdiction; or

C. Any willful violation of FCC Rules or Regulations by the Agency/Jurisdiction.

Any provision of this MOU inconsistent or in conflict with any State of Oklahoma directive or policy, as may be amended from time to time, may be deemed invalid by the Chief Information Officer and, in that event, the parties agree to substitute a provision as near in meaning to the invalid provision as possible. The validity of other terms set forth herein will not be affected by such invalid provision. 5. Authorized Equipment The following is a detailed inventory of the equipment authorized for use by the Agency/Jurisdiction under the terms of this MOU. Additional equipment, if any, is set forth on Attachment A, attached hereto and made a part hereof.

1 Make

2 Model

3 Serial Number

4 Inventory Number of Agency/Jurisdiction

5 Location

6 Power Output

7

8

9

10

11

[Signature Page Follows]

Signature Page to Memorandum of Understanding

(OMES and _____________________________________ )

IN WITNESS WHEREOF, this Agreement is hereby executed as follows:

State of Oklahoma Office of Management and Enterprise Services _________________________________________________________________ Ben Gherezgiher, Director of Information Technology Date Public Safety Business Segment Address: 3115 North Lincoln Boulevard Oklahoma City, Oklahoma 73105 Telephone: (405) 521-6642 E-Mail: ben.gherezgiher@omes.ok.gov

State of Oklahoma ___________________________________________________

_______________________________________________________________ __________________________________________ Date __________________________________________

Address: __________________________ __________________________

Telephone: ________________ E-Mail: ___________________________________

Return the fully executed MOU and all requested information to:

Office of Management and Enterprise Services Information Services Division Attention: Ben Gherezgiher 3115 North Lincoln Boulevard Oklahoma City, Oklahoma 73105