RES 2026024 - Laserfiche WebLink

This controversial order significantly curtailed state and local authority over wireless and wireline communication facilities reserved to them in the Telecommunications Act. Municipalities, large and small, urban and rural, from all over the United States challenged the Small Cell Order in federal court. On August 12, 2020, the United States Court of Appeals for the Ninth Circuit invalidated many aesthetic restrictions in the Small Cell Order but largely upheld the other restrictions. Portland v. United States, 969 F.3d 1020 (9th Cir. 2020). The court specifically invalidated the requirements that aesthetic regulations be objective and no more burdensome than those applied to other infrastructure deployments. See id. at 1039-42. Although municipalities may exercise reasonable discretion over small wireless facilities, they must do so on an expedited basis to meet the short shot clock limits. Municipalities sought review by the United States Supreme Court on the Ninth Circuit's decision to uphold the FCC's fee restrictions, but the Supreme Court denied that petition. See Order Denying Petition for Certiorari, Sprint Corp. v. FCC, No. 20-1354 (June 28, 2021). Thus, the Small Cell Order, as modified by the Ninth Circuit's partial invalidation, is final with no further pending judicial review. Small Wireless Facilities and Changes in State Law On October 8, 2023, Governor Gavin Newsom signed into law Assembly Bill 965 which added Section 65964.3 to the Government Code to require local agencies to undertake batch broadband permit processing of two or more broadband permit applications for substantially similar broadband project sites under a single permit. The definition of "broadband project" under the statute is broad enough to include small wireless facilities. The statute also extends the existing state law "deemed approved" remedy in Government Code Section 65964.1 if a city or county fails to approve or disapprove a broadband permit application within a reasonable period of time specified in applicable law subject to certain requirements and limitations. Pleasanton's Small Cell Wireless Policy On March 11, 2019, the Pleasanton City Council adopted an initial small wireless facilities policy. On April 21, 2026, and pursuant to Section 18.110.040 of the Municipal Code, the City Council adopted this amended and restated policy to update and conform the City's permit process for small wireless facilities with applicable law. Section 2. PURPOSE AND INTENT (a) The City intends this policy to establish reasonable, uniform and comprehensive standards and procedures for small wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City's public rights-of-way, consistent with and to the extent permitted under federal and California state law. Small Wireless Facilities Policy (City of Pleasanton) page 4/47