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U.S. Supreme Court,
Government,
Administrative/Regulatory,
9th U.S. Circuit Court of Appeals

Jun. 12, 2019

Wireless carriers have big plans for city streets: are cities powerless to stop them?

With SB 649 defeated and a recent California Supreme Court ruling, it would seem it is settled law in California that localities are free to regulate wireless facilities in the public rights of way based on aesthetics. Don’t count on it

Gail A. Karish

Partner
Best, Best & Krieger LLP

Phone: (213) 605-1603

Email: gail.karish@bbklaw.com

Gail focuses her practice on telecommunications, assisting clients in California and across the country with a wide range of regulatory and transactional matters involving broadband and fiber networks, cable and telecom franchising, wireless communications and public-private partnerships. Her clients are mainly public agencies, such as local governments, water districts and municipal utilities.

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Wireless carriers have big plans for city streets: are cities powerless to stop them?
With SB 649 defeated and the Supreme Court's pronouncement, it would seem it is settled law in California that localities are free to regulate wireless facilities in the public rights of way based on aesthetics. Don't count on it. (Shutterstock)

Chances are high that nearly every city council in California has had wireless antennas on its agenda recently. They likely appear as an appeal hearing for a permit application, new ordinance adoption, a contract approval for street lights use, or a closed session on litigation. This is because wireless carriers are increasingly seeking to place "small cell" antennas and equipment on existing utility poles and street lights and other new poles in city streets. These a...

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