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attachment 6 MACKENZIE& ALBRITTON LLP 155 SANSOME STREET,SUITE 800 SAN FRANCISCO,CALIFORNIA 94104 TELEPHONE 415/288-4000 FACSIMILE 415/288-4010 February 19, 2019 VIA EMAIL Planning Commission City of Pleasanton 200 Old Bernal Avenue Pleasanton, California 94566 Re: Draft Small Wireless Facilities Policy Commission Agenda Item 6(A), February 20. 2019 Dear Commissioners: We write on behalf of Verizon Wireless to provide comment on the draft policy regulating small cell wireless facilities (the "Draft Policy"). Verizon Wireless is concerned that numerous Draft Policy requirements contradict a recent Federal Communications Commission ("FCC") order addressing appropriate approval criteria for small cells. For example, requiring relocation of proposed facilities up to 750 feet distant could leave target coverage areas unserved in contradiction of the FCC's order. Certain proposed standards are unreasonable, such as requirements to underground small equipment components. Other provisions contradict state law granting telephone corporations the right to place their equipment in any right-of-way. The Commission should decline recommendation of the Draft Policy and related ordinance, and direct staff to work with industry on needed revisions. To expedite deployment of small cells and new wireless technology, the FCC adopted its September order to provide guidance on appropriate approval criteria for small cells. See Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, Declaratory Ruling and Third Report and Order, FCC 18-133 (September 27, 2018) (the"Small Cells Order"). Among other topics, the FCC addressed appropriate aesthetic criteria for approval of qualifying small cells, concluding that they must be: "(1)reasonable, (2) no more burdensome than those applied to other types of infrastructure deployments, and (3) objective and published in advance." Id., ¶ 86. "Reasonable" standards are "technically feasible"and meant to avoid"out-of-character deployments." Id,¶ 87. Objective standards must"incorporate clearly-defined and ascertainable standards, applied in a principled manner." Id., ¶ 88.