ORD 2305 - Laserfiche WebLink

Ordinance No. 2305 Page 2 of 7 required that state and local governments "may not deny, and shall approve" certain additions and modifications to existing wireless facilities that do not substantially change existing facility's physical dimensions. Applications covered by this statute are deemed "eligible facilities requests"; On October 21, 2014, the FCC adopted a Report and Order in the rulemaking proceeding titled Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, WT Docket No. 13-238, Report and Order, 30 FCC Rcd. 31 (Oct. 21, 2014) (the "2014 Infrastructure Order"), which implemented regulations for "eligible facilities requests" that defined statutory terms, prohibited certain application requirements, limited application review periods and deemed applications automatically granted when the state or local, government fails to act within the applicable timeframe. The U.S. Court of Appeals for the Fourth Circuit in Montgomery Cnty. v. FCC, 811 F.3d 121 (4th Cir. 2015), denied petitions for review; • On October 9, 2015, Governor Edmund Brown signed into law Assembly Bill No. 57 (Quirk), codified as California Government Code Section 65964.1, which created a "deemed -approved" remedy for when a local government fails to act on applications for certain wireless facilities within the presumptively reasonable times established in the 2009 Declaratory Ruling and 2014 Infrastructure Order; On August 3, 2018, the FCC adopted a Third Report and Order and Declaratory Ruling in the rulemaking proceeding titled Accelerating Wireline and Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, 33 FCC Rcd. 7705 (Aug. 3, 2018) (the "Moratorium Order"), that formally prohibited express and de facto moratoria for all personal wireless services, telecommunications services and their related facilities under 47 U.S.C. Section 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis; On September 27, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, FCC 18-133 (the "Small Cell Order"), in connection with two informal rulemaking proceedings entitled Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17-79, and Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, WC Docket No. 17-84. The Small Cell Order set forth limitations on state and local government regulation of small cell wireless facilities that are placed on vertical infrastructure such as utility poles and street light standards located in the public rights-of-way. The Small Cell order: (1) limited the level of local permitting and discretion; (2) established "shot clock" rules (e.g., time limits and deadlines) for processing action on local permits; and (3) limited the fees that can be charged for the facilities. The Small Cell Order further established that any aesthetic regulations and fees required for processing small wireless facilities be published in advance; and • On the April 4, 2019, the California Supreme Court in T -Mobile West LLC v. City and County of San Francisco, 438 P.3d 239 (Cal. 2019), held that California Public Utilities Code Sections 7901 and 7901.1 do not completely divest local governments of their police powers and only prohibit local franchises as a precondition for access to the public right-of-way by telephone corporations;