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REV: 10-28-2021 SK Exhibit “B” to MLA Annual Fees 1. Annual Fees for Each SLA 1.1 Annual Fee. Licensee acknowledges that the FCC has adopted a Declaratory Ruling (FCC 18-133) that relates to the rent which went into effect on January 14, 2019 but that Declaratory Ruling is currently the subject of litigation. Paragraphs 1.2, 1.3 and 1.4 govern the payment of rent and how it may be impacted by the Declaratory Ruling and the resolution of related litigation during the Term and any renewal terms. 1.2 During any period in which the FCC Declaratory Ruling (FCC 18-133) is in effect and during any period in which the Alternate Annual Fee provisions in paragraph 1.3 are not applicable, the Licensee shall pay Annual Fee as described in this paragraph. Licensee shall pay to the City the base amount of two hundred and seventy dollars ($270.00) per calendar year for each location covered by an SLA. The base amount under all SLAs shall be subject to an annual adjustment of three percent (3%) applied on each Anniversary Date of the MLA. Any new SLAs entered into during a given year shall commence at the rent, as adjusted by this Section to reflect the then-current rate (the “Annual Fee”). The Annual Fee for the first calendar year of an SLA for each location shall be pro-rated based on the number of days covered from the SLA Effective Date to the next Anniversary Date of the MLA. There shall be no refunds of Annual Fee paid due to the termination or expiration of the MLA or any SLA for any reason. 1.3 Alternate Annual Fee. In the event the relevant provisions of the FCC Declaratory Ruling cease to be effective, (for example, because they are stayed after having gone into effect, or they are vacated or invalidated and have not been replaced by the FCC with an alternative provision setting a specific amount as the Annual Fee), the Licensee shall automatically and immediately be obligated to pay Alternate Annual Fee as described in this paragraph and paragraph 1.5, if applicable. For each location covered by an SLA, Licensee shall pay to the City alternate annual fee in the base amount of one thousand five hundred dollars ($1,500.00) per calendar year. The base amount under all SLAs shall be subject to an annual adjustment of three percent (3%) applied on each Anniversary Date of the MLA. (“Alternate Annual Fee”). Alternate Annual Fee for the first calendar year of an SLA for each individual location shall be pro-rated based on the number of days covered from the SLA Effective Date to the next Anniversary Date of the MLA. There shall be no refunds of Alternate Annual Fee paid due to the termination or expiration of the MLA or any SLA for any reason. If the relevant part of the FCC Declaratory Ruling governing rents is partially vacated or partially invalidated, at Licensee’s request, the parties can meet and confer in good faith on whether any modification to this provision is warranted to reflect the outcome (i.e. the partial vacation or partial invalidation of the relevant part of the FCC Declaratory Ruling). 1.4 The City agrees that irrespective of whether the relevant provisions of the FCC Declaratory Ruling (FCC 18-133) cease to be effective, no Alternate Annual Fee shall be due for any periods during which the relevant provisions of the FCC Declaratory Ruling were in effect. However, if Licensee has paid the Annual Fee pursuant to the provisions of Section 1.2 above for a calendar year, and the relevant provisions of the FCC Declaratory Ruling subsequently cease to be effective during the same calendar year, the Licensee shall ATTY/AGR.2021.274/New CIngular Wireless/AT26 (Page 26 of 27)