California Supreme Court Incommodes Wireless Access To Rights Of Way [telecom]

by W. Ray Rutngamlug and Amanda Witt

Amidst the ongoing power struggle between communications service providers striving for unfettered access to rights-of-way to place their facilities, and municipalities working to protect their authority over such rights-of-way, local governments retained a measure of control over the deployment of wireless equipment in their rights-of-way when the California Supreme Court held that munici- palities may consider aesthetics when granting wireless installation permits.

T-Mobile (along with other wireless service providers such as NextG Networks and ExteNet Systems), challenged a San Francisco ordinance conditioning access to public rights-of-way on aesthetic consider- ations. In particular, the City's ordinance No. 12-11 regulated the construction, installation, and maintenance of wireless equipment in order to prevent the placement of equipment in a manner that would "diminish the City's beauty," and required heightened aesthetic review in certain areas.

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