INSTALLATION OF WIRELESS
TELECOMMUNICATIONS FACILITIES
WITHIN THE PUBLIC RIGHT-OF-WAY
City Council Meeting
January 18, 2011
Background
 Staff receiving increasing number of inquiries regarding
installation of wireless telecommunications facilities in the City.
 On January 19, 2010, Council adopted urgency ordinance
establishing temporary moratorium on wireless
telecommunications facilities in the City.
 Report on temporary moratorium presented to Council on
February 16, 2010
 On March 2, 2010, Council adopted ordinance extending the
temporary moratorium to January 20, 2011
 On December 7, 2010, Council voted to continue hearing to
January 18, 2010.
 On December 21, 2010, Council adopted ordinance extending the
temporary moratorium for additional 6 months.
Installation of Wireless
Telecommunications Facilities (WTF)
on Private Property
 No changes proposed to current code requirements for WTF on
private property.
 Summary of current code requirements:
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Site selection order of preference
 On existing structures
 Locations that provide greatest amount of screening
 On parcels without significant visual mitigation required
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Shall not be located within front or street side yard in any zoning district
Co-location encouraged
Equipment height (latest revision to current code)
 >15 ft above max height for zone requires minor CUP
 <15 ft above max height for zone requires CUP approved by PC

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Painting, fencing, landscape requirements
Submittal of plans including photo simulation
Map of regional network for system
Installation of Wireless
Telecommunications Facilities (WTF)
within Public Right-of-Way
 City regulations over work in public right-of-
way included in Chapter 15.54 of municipal
code.
 Encroachment permits required for any
construction within public right-of-way.
 Chapter 15.54 does not address
Telecommunications Facilities within Public
right-of-way.
California Public Utilities
Commission Code
 Section 7901
 Telegraph or telephone corporations may construct lines of telegraph or
telephone lines along and upon any public road or highway, along or
across any of the waters or lands within this State, and may erect poles,
posts, piers, or abutments for supporting the insulators, wires, and other
necessary fixtures of their lines, in such manner and at such points as not
to incommode the public use of the road or highway or interrupt the
navigation of the waters.
 Section 7901.1
 (a)It is the intent of the Legislature, consistent with Section 7901, that
municipalities shall have the right to exercise reasonable control as to
the time, place, and manner in which roads, highways, and waterways
are accessed.
 (b)The control, to be reasonable, shall, at a minimum, be applied to all
entities in an equivalent manner.
 (c)Nothing in this section shall add to or subtract from any existing
authority with respect to the imposition of fees by municipalities.
Installation of Wireless
Telecommunication Facilities (WTF)
within Public Right-of-Way
 Proposed Ordinance requires Supplemental
Telecommunication Facilities Encroachment
Permit for all telecommunication facilities as
defined by the federal Telecommunication
Act of 1996 and California Public Utilities
Commission (CPUC) Code including section
7901 and 7901.1.
Installation of Wireless
Telecommunication Facilities (WTF)
within Public Right-of-Way
 The following provisions apply to any proposal to
construct telecommunications facilities within the
public right-of-way:
 Applicant shall submit the following:
 Copy of license issued by CPUC such as Wireless Registration
Identification number or Certificate of Public Convenience and
Necessity (CPCN)
 Copy of CPUC decision that authorizes applicant to provide
telecommunications service with proposed facilities
 Copy of the certified environmental document for CPUC
license including all required mitigation measures
 If no environmental determination has been made by CPUC,
applicant shall submit information required for City to make
environmental determination according to CEQA
Installation of Wireless
Telecommunication Facilities (WTF)
within Public Right-of-Way
 If applicant has obtained CPUC license to operate as
a “competitive local exchange carrier” and is
proposing a Distributed Antenna System (DAS) the
following additional requirements apply:
 Applicant shall provide a description and location of each
proposed construction project in the City during the
calendar year in which application is filed
 If proposed construction project extends beyond existing
utility right-of-way, applicant shall amend its CPUC license
and proposed construction project shall be subject to
complete environmental analysis by CPUC or City
Installation of Wireless
Telecommunication Facilities (WTF)
within Public Right-of-Way
 Supplemental Telecommunication Facilities
Encroachment Permit approved only if consistent
with license issued by CPUC
 City reserves all rights it currently has or may acquire
to the regulation of telecommunications facilities
including the imposition of reasonable conditions
and exaction of fees or other form of compensation
for use of public right-of-way provided these are
consistent with state and federal law
 City’s approval may be conditioned upon reasonable
placement, operation and aesthetic restrictions
Recommendation
 It is recommended that the City Council
introduce an ordinance amending Municipal
Code Section 15.54.050 establishing
requirements for wireless
telecommunications facilities installed within
the public right-of-way.