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Pleasanton Planning Commission February 19, 2019 Page 4 of 6 minimum,we suggest that concealment devices not count toward the volume limit. We note that electric meters and disconnect switches generally cannot be covered per Pacific Gas & Electric rules, and the shroud should only be required for network equipment. Draft Policy § 2.7(b)(13). For new poles in the right-of-way, the Director cannot require Verizon Wireless to install a street light fixture. Draft Policy § 2.7(b)(6). This clearly contradicts Verizon Wireless's right under Public Utilities Code Section 7901 to erect new poles in the right- of-way solely to elevate telephone equipment. The City's limited aesthetic review extends to wireless facility equipment, but lighting is not a functional requirement for wireless service. The alternate option for an integrated pole is infeasible, particularly given the 12- and 16-inch diameter pole and base sizes. Remote radio units, other network equipment and mounting hardware may not fit within these dimensions. As described, pole-mounted equipment components are not "out-of-character" in the right- of-way. The City must allow new poles with antennas and radio boxes mounted onto the pole. For facilities mounted to street light poles, the City should ensure that the Draft Policy accommodates a new design installed in other Bay Area cities where Verizon Wireless has executed an agreement for use of municipal-owned poles. Draft Policy §§ 2.7(b)(3)(D), 2.7(4). This design includes a base shroud four feet in height that encloses all non-antenna network gear. Verizon Wireless would be pleased to provide the specifications for this design. Requiring new utility connections to be placed underground is unreasonable with respect to utility poles. Draft Policy § 2.7(b)(11). New aerial utility lines are not"out-of- character"where there are existing electrical and/or communication lines between poles. This requirement is unreasonable for small cells on utility poles and cannot apply to such installations. The City Must Allow Ground-Mounted Cabinets. The flat ban on ground-mounted cabinets contradicts the Small Cells Order and state law. Draft Policy § 2.7(b)(3)(E). The FCC definition of small cell contemplates up to 28 cubic feet of"wireless equipment associated with the structure"without confining it to a pole or underground vault. 47 C.F.R. § 1.6002(1)(3). Also, if other utilities in Pleasanton have placed ground-mounted equipment cabinets, then the City would discriminate against wireless carriers if they are not granted the same right. As noted, the FCC determined that aesthetic criteria must be non-discriminatory, meaning no more burdensome than criteria applied to"similar" infrastructure. Small Cells Order,¶¶ 86-87. As to state law, Public Utilities Code Section 7901 grants telephone corporations a statewide right to place their"telephone lines along and upon"public roadways. Public Utilities Code Section 233 defines"telephone line" to include "...all conduits, ducts, poles, wires...and all other real estate, fixtures...owned, controlled, operated, or managed