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Pleasanton Planning Commission February 19, 2019 Page 3 of 6 bars local governments from requiring that wireless facilities be limited to sites owned by particular parties. Draft Policy § 2.6(d). As a member of the Northern California Joint Pole Authority, Verizon Wireless may place its small cells on joint utility poles. Location preferences should be relaxed to accommodate use of joint utility poles where they are found along the right-of-way, giving them a preference equal with street light poles. Small cell equipment is not"out- of-character" on utility poles, given existing utility lines and infrastructure, and structure preferences used to deny this option would be unreasonable. We suggest that the right- of-way structure preferences simply favor the existing structures in the proposed list over new poles. The Draft Policy requires applicants to show that any higher-preference right-of- way locations or structures within a 750-foot radius are unavailable or technically infeasible. Draft Policy §§ 2.4(c)(2), 2.4(c)(4), 2.6(a). Steering small cells up to 750 feet distant from a required location could result in a target coverage area remaining underserved or unserved. This would thwart the objectives of"densifying a wireless network, introducing new services, or otherwise improving service capabilities," and it would pose an effective prohibition of service in violation of the Telecommunications Act. See 47 U.S.C. §§ 253(a), 332(c)(7)(B)(i)(II); Small Cells Order,¶37. One unintended consequence of the 750-foot threshold is that numerous small cells could end up clustered together instead of distributed along a right-of-way. Due to conflicts with state and federal law as well as common sense, the 750-foot radius should be reduced to a practicable distance. At most, applicants for right-of-way facilities should demonstrate unavailability or technical infeasibility of any reasonable higher-preference locations or structures within 200 feet along the subject right-of-way. Underzroundinz and Equipment Placement Requirements Are Unreasonable. The FCC determined that undergrounding requirements, similar to aesthetic requirements, must be reasonable, non-discriminatory and objective. Small Cells Order, ¶¶ 86, 90. The Draft Policy requires that accessory equipment be placed underground in rights-of-way where utilities are primarily underground, with no exceptions. Draft Policy § 2.7(b)(3)(A). There is no reason to require undergrounding of small pole-mounted equipment components. Wireless carriers developed small cell equipment to provide needed service with minimal visual impact. Small equipment boxes on street light poles are not"out-of-character" among typical infrastructure in the right-of-way, even in areas lacking utility poles. The absolute volume limit of only nine cubic feet for above-ground accessory equipment in residential districts may preclude required network components, particularly given the separate requirement to conceal equipment behind a shroud that would could toward the volume limit. Draft Policy §§ 2.7(b)(3)(C), 2.7(b)(3)(F). At a