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___ JEFFREY SLADE }p_} AT&T Services,Inc. a `O(` Assistant Vice President- 208 S Akard Street ~-- Senior Legal Counsel Room 3002 Dallas,TX 75202 214.782.3858 Phone 214.926.8497 Fax jeff.slade@au.com February 20, 2019 Via E-Mail City of Pleasanton City Council P.O. Box 520 Pleasanton, CA 94566 Re. AT&T's Initial Comments on the City of Pleasanton's Small Wireless Facilities Policy Established by the City's Urgency Ordinance Amending Chapter 18.110 of the Pleasanton Municipal Code Dear Mayor Thorne, Vice-Mayor Brown and Councilmembers Narum, Pentin and Testa: I write on behalf of New Cingular Wireless PCS, LLC d/b/a AT&T Mobility (AT&T) to provide initial comments on the city's proposed urgency ordinance and Small Wireless Facilities Policy ("Proposed Policy") amending Chapter 18.110 of the Pleasanton Municipal Code. AT&T appreciates that the city recognizes the need to ensure its residents' access to high-quality advanced wireless services in light of changes to applicable state and federal laws, including the Federal Communications Commission's Infrastructure Order and regulations.' With more than 70%of Americans relying exclusively or primarily on wireless telecommunications, it is especially important to encourage responsible deployments. And with AT&T's selection by FirstNet as the wireless service provider to build and manage the nationwide first responder wireless network, each new or modified facility will strengthen first responder communications. The city should not press forward with a flawed ordinance on an emergency basis as there is no immediate threat to the public. The FCC's aesthetic standard for small cells does not go into effect until April 15, 2019, so there is no need to rush. While AT&T understands that the city's desire to protect aesthetics in certain areas of the city, like along Main Street, many of the Proposed Policy's design standards risk violating state and federal law. I respectfully recommend that the Council pause its deliberations briefly to work with AT&T and other stakeholders to develop proper regulations for wireless facilities. AT&T offers the following discussion of applicable laws along with specific comments on the Proposed Policy. I See Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment,Declaratory Ruling and Third Report and Order,FCC 18-133 (September 27,2018)("Infrastructure Order");47 C.F.R. § 1.6001,et seq.