Amended SCHEDULE “A” FEES Effective April 1, 2004 1.1 GENERAL TERMS 1.1 The parties agree that the Fee (the components thereof) will be renegotiated every five years during the Term and the parties agree that the Fee payable during the negotiation period, if the negotiation period extends into the five year period being negotiated shall not be less than the last calendar year of the Term. 1.2 If the Company and Ministry cannot mutually agree on the amount of the Fee payable for the Renewal Term on or before the date that is sixty (60) days prior to the Expiry date, then the determination of the Fee payable will be referred to and finally resolved by arbitration pursuant to the Commercial Arbitration Act, R.S.B.C. 1996, c. 55 and the Fee payable during the Renewal Term until the Fee has been determined as provided herein, shall be the amount not less than the Fee payable pursuant to the Agreement during the last calendar year of the Term. 1.3 The annual Fee payable to the Ministry will be paid on the first day of April for each calendar year. If the annual Fee payable to the Ministry has not been paid in full within thirty days of the annual payment date, the Ministry may without further notice to the Company cancel this Agreement and Site Permits. 1.4 The Fee required for any portion of the month will be treated as a fee for one/twelfth (1/12) of the annual Fee. 1.5 The annual Fee for a Site will be prorated for the first year and be payable within fourteen days of the Site Permit being issued by the Ministry to the Company. 2. FEE CALCULATION 2.1 The Company shall pay to the Ministry an annual Fee for the use of each Site that is subject to a Site Permit. The Fee for a Site will be based on the following three factors: (1) geographic location, (2) the equipment that comprises the Wireless Communications Facility at the Site; and, (3) if the Wireless Communications Facility is attached, mounted or installed in or upon a Ministry Structure. 2.2 The Province shall be divided into the following zones for the purposes of a Fee calculation: a) Zone 1 is comprised of all Highways under the jurisdiction of the Ministry within the boundaries of the Capital Regional District (CRD), Greater Vancouver Regional District (GVRD), and the Fraser Valley Regional District (FVRD). b) Zone 2 is comprised of all Highways under the jurisdiction of the Ministry within the boundaries of municipalities within the Province of British Columbia which have a population of 50,000 or more as identified in the 1996 Canadian Census. c) Zone 3 is comprised of all Highways under the jurisdiction of the Ministry which are not included in Zone 1 and 2. 1 2.3 For the purposes of a Fee calculation the annual Fee paid by the Company will be determined by the total number of antennas installed at the Site. 2.4 For the purposes of a Fee calculation the annual Fee paid by the Company will be determined on the basis of whether or not the Company’s Equipment is attached, mounted or installed in, or on a Ministry Structure. 2.5 The Company’s Fee shall be automatically increased if the number of antennas is increased at the Site to a higher category, such modifications to be carried out in accordance with the terms of this Agreement. 2.6 The Company may charge a fee for the use of structure space and/or building space used by a Sublicensee at a Wireless Communications Facility, where the Company has obtained a Site Permit from the Ministry. Where the Company has sublicenced the Site, the Company will pay to the Ministry, in addition to the Company’s own Site Permit fee, an amount equivalent to twenty-five (25) percent of the Site Permit fee that would have been paid by the Sublicensee for their own site. The additional fee to be paid by the Company for each Sublicensee will be based on the number of antennas located at the Site by the Sublicensee, and form part of the total Site Permit fee payable by the Company. 2.7 Where the Company elects to install, maintain and operate its facilities on a structure which belongs to a non-Wireless Communications Company, and where the non-Wireless Communications Company has a Permit to locate on and use Right-of-Way Lands, the Wireless Communications Company will pay the Ministry twenty-five (25) per cent of the annual Site Permit Fee that would be normally paid to the Ministry. The Site Permit Fee paid by the Wireless Communications Company to the Ministry will be based on the total number of antennas that the Company has located at the non-Wireless Site. 2.8 Based on the Fee Calculation criteria, the Company’s annual Site Permit fee for 2004/05 will be the amount shown in the Site Fee Table. SITE FEE TABLE Site Type Standard Tower MoT Structure Standard Tower MoT Structure Standard Tower MoT Structure 1 to 2 Antennae 3 to 9 Antennae Zone 1 $8,000 $10,000 $10,000 $12,500 Zone 2 $4,800 $6,000 $6,000 $7,500 Zone 3 $1,600 $2,000 $2,000 $2,500 10 + Antennae $12,000 $15,000 $8,000 $10,000 $3,500 $4,000 Commencing April 1, 2005, the Site Permit fee will be adjusted on an annual basis, with the adjusted amount based on the annual average British 2 Columbia All Items Consumer Price Index for the term of the Agreement. The Site Permit fee for 2005-06 will be calculated as follows. The Site Permit fee for 2004-05 will represent the base year and the annual average All Items Consumer Price Index for the calendar year 2004 will be used to adjust the Site Permit fee for 2005-06. Adjustments of the Site Permit fee in subsequent years will be based on the preceding year’s Site Permit fee and the preceding year’s annual average British Columbia All Items Consumer Price Index. The adjusted Site Permit fee shall not be less than the previous year of the Term. 2.9 A discounted rate shall be applied to the Company’s Site Permit fee for sites located in Zones 2 and 3. The discounted rate shall be applied as follows: A discounted rate of ten (10) percent of the total value of the Site Permit fees for those Sites located in Zones 2 and 3 where the company has six (6) to ten (10) Sites located in Zones 2 and 3. A discounted rate of fifteen (15) percent of the total value of the Site Permit fees for those Sites located in Zones 2 and 3 where the company has more than ten (10) Sites located in Zones 2 and 3. 3