Wireless Permitting

California Wireless Permitting Policy

California has a “deemed approved” law – assembly bill 57 – that sets 90 and 150 day shot clocks for wireless facility permit processing. However, there are circumstances where a federal 60 day applies. How the FCC’s 2018 wireless deployment ruling will change this interaction is still to be determined.

Tellus Venture Associates white paper: California Wireless Site Permitting

.pdf

16 Oct 2017

Assembly bill 57

.pdf

9 Oct 2015

Federal Communications Commission 2018 Wireless Deployment Ruling

The FCC adopted a declaratory ruling that preempted local ownership and control of assets located in the right of way and owned by public agencies. It also set strict parameters for small wireless facility permit processing by state and local governments, including shorter “shot clocks” and limits on fees. Unless blocked by a court, it will take effect on 15 January 2019.

FCC declaratory ruling, and third report and order, in the matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment

.pdf

26 Sep 2018

FCC order denying motion for stay of wireless ruling

.pdf

10 Dec 2018

FCC third report and order and declaratory ruling, in the matter of Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment

.pdf

2 Aug 2018

Federal Appellate Court Cases

Key documents are below, all collected documents are here.

Court decisions

“Preliminary order regarding the consolidation” of the various cases, Tenth Circuit, U.S. Court of Appeals

.pdf

5 Nov 2018

Motion to move case to ninth circuit court of appeals in San Francisco

City of San Jose, et all, motion to transfer cases to ninth circuit, 29 November 2018

.pdf

29 Nov 2018

City of Portland’s petition for review of FCC wireline order, 2 October 2018 (basis for San Jose’s motion)

.pdf

2 Oct 2018

Initial argument summaries, aka docketing statements

San Jose, et al

.pdf

15 Nov 2018

Seattle, et al

.pdf

21 Nov 2018

Huntington Beach

.pdf

21 Nov 2018

Puerto Rico Telephone Company

.pdf

12 Nov 2018

Sprint

.pdf

7 Nov 2018

Verizon

.pdf

14 Nov 2018

Petitions filed with federal appellate courts to block ruling

Leagues of Cities (Arizona, California, Oregon), City of Seattle (lead), City of Tacoma, King County, Washington

.pdf

24 Oct 2018

City of San Jose (lead), County of Los Angeles and 18 other cities in Arizona, California, Nevada, Oregon and Washington

.pdf

24 Oct 2018

City of Huntington Beach, California

.pdf

24 Oct 2018

American Public Power Association

.pdf

15 Nov 2018

Petitions filed with federal appellate courts to expand ruling – wireless carriers are also challenging it, asking the court to add automatic “deemed granted” privileges when shot clocks expire.

AT&T

.pdf

25 Oct 2018

Puerto Rico Telephone Company

.pdf

25 Oct 2018

Sprint

.pdf

25 Oct 2018

Verizon

.pdf

25 Oct 2018

Other Documents

Statements by FCC commissioners

Ajit Pai

.pdf

26 Sep 2018

Jessica Rosenworcel

.pdf

26 Sep 2018

Brendan Carr

.pdf

26 Sep 2018

Michael O’Rielly

.pdf

26 Sep 2018

Speech by FCC commissioner Brendan Carr at Mobile World Congress Americas

.pdf

13 Sep 2018

Sample of comment letters sent to FCC

Joint letter by local government associations

.pdf

19 Sep 2018

City and County of San Francisco

.pdf

19 Sep 2018

CTIA, aka Cellular Telecommunications Industry Association

.pdf

20 Sep 2018

Smart Communities Siting Coalition

.pdf

8 Mar 2017

Miscellaneous

Version of the FCC’s declaratory ruling published in the Federal Register

.pdf

15 Oct 2018

Pre-vote draft of FCC’s declaratory ruling

.pdf

5 Sep 2018