California: PUC Sec. 7901/7901.1 Loc. Gov. Aesthetic Control Upheld

Today the California Court of Appeal (1st) affirmed the trial decision in T-Mobile v. San Francisco (San Francisco City and County
Super. Ct. No. CGC-11-510703).*   That decision held that local governments in California have rather broad aesthetic control over wireless facilities in the public right-of-way.

This decision is hot off the press, so a deep analysis will follow.  For now, let the reading begin!

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-Jonathan

* Disclosure: I served as the wireless communications expert witness for the City and County of San Francisco.

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Dr. Jonathan L. Kramer, Esq., JD, LL.M, DLP

I’m very pleased (and relieved) to report that this morning I successfully defended my doctoral thesis, “Cell Towers, Community Perspectives, and Hedonic Price Modeling: Utility, Limitations, and Localism.” It was wonderful the be greeted with, “Congratulations, Doctor Kramer” when the three thesis committee members came back from their private discussions after my defense.

This marks the completion of my doctoral studies at Northeastern University in the Doctor of Law and Policy program.  This does not mark the end of my research.

More information regarding my doctoral studies at Northeastern University may be found at http://JonathanKramer.com, my personal blog.

Jonathan

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Goodbye, Jenn Ward

jennwardJenn Ward of Lorman Education Services was taken from us last Saturday night. Yet another victim of senseless gun violence, she was a kind heart wrapped in a caring body who protected the lives of her children by giving up her own.  She was truly a human being.

Jenn, beyond being the lecture coordinator for John Pestle and myself, was a friend. She put up with a lot from us with her own humor and grace.

This is very, very sad. This is senseless.

Jonathan

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Anyone receive a cease and desist letter?

It appears that a certain wireless construction company has directed its attorneys to send cease-and-desist letters to people who have a different view from their own. Apparently several letters hit their targets yesterday or the day before.

If you happen to receive one, congratulations and thanks for your public participation in an important national discussion.

If you don’t mind sharing, I’d love to see your letter. Please send it to me at Kramer@telecomlawfirm.com with the subject line “Anti-SLAPP the Hubris.”

Jonathan

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Smart People at Smartlink

Yesterday, June 24, Tripp May, Michael Johnston, and I lectured to about 60 team members of Smartlink, a major site acquisition firm.  Smartly, Smartlink conducts ongoing training of its professional staff via its ‘Smartlink University’ program.  Even smarter, we were asked by Smartlink to provide guidance to their staff in multiple locations around the country on how they can better accomplish their jobs working with local government officials, and cell site landlords.

The official title of our lecture was, “Time-Tested Ways to Muck Up the Leasing and Zoning Process.”  We covered the topic in about 2 hours, and really enjoyed our interactions with Smartlink staff who peppered us with questions.

Huh?  Those guys were telling the industry how to better do their jobs?  Who do they work for!?

Actually, for years we’ve made it a point as a firm to teach the industry how to do better.  Why? Because when they do their job better, better projects for the public are the result.  About once or twice a year we accept an invitation to lecture like this.

Huh? You’re taking money from the industry?

Nope.  We do not charge for the lectures, and when they are in far away cities we pay our own way to go.  This is about education, not profit.

Thanks, again, to Smartlink for inviting us (actually, Alexis Hadley gets major credit for having the courage to reach out to me to see whether we’d lecture to the ‘other’ side).

Smart, Smartlink.  Smart!

 

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A Massive Land Grab by Wireless Hits California Legislature

Mike Gatto Wants to Put A Cell Tower in Your Front Yard

Assembly Member Mike Gatto

The elected official, along with his wireless industry patrons, who Wants to Put A Cell Tower in Your Front Yard WITHOUT Any Local Government Discretionary or Aesthetic Review.

 


Assembly member Mike Gatto introduced legislation on June 13 on behalf of his wireless industry patrons that would be the biggest land grab by wireless companies in the history of the state. The vehicle for this huge land grab is Assembly Bill 2788.  Mr. Gatto switched Ab2788 from a completely different purpose to now be a huge gift to wireless companies over the values of his own constituents.

Mr. Gatto wants to allow his wireless company partners to place all sorts of wireless towers in the public right of way (that’s right in front of your home) WITHOUT giving you, your city or county, any say in the design or location of the cell site. 

The legislation he introduced, ghosted by wireless industry attorneys and helped by other wireless industry firms, would DENY any local government the ability to require a different and less intrusive location, or any different or better design that is more harmonious with the surrounding.

Mr. Gatto wants to fling open every right-of-way to his corporate wireless industry patrons.

Mike Gatto, who represents Burbank, Glendale and nearby areas in the state Assembly, is the head of the Assembly’s powerful Utilities and Commerce Committee, which oversees the California Public Utilities Commission, as well as wireless and telephone operators in California.  This means that Mr. Gatto has the power to move this anti-resident bill forward.

Most recently, Mr. Gatto co-sponsored a bill to BREAK UP THE CALIFORNIA PUBLIC UTILITIES COMMISSION. That breakup would destroy most of the state oversight of wireless and other utilities. That bill passed the Assembly, but it looks like cooler heads in the State Senate will prevail, so that the CPUC break up bill looks like it will die.

Now Assembly member Gatto, pushed by his corporate sponsors, wants to destroy aesthetics of communities everywhere in California by opening the front of your home to a cell site, with no local discretionary review.

The wireless company wants to stick a cell site in front of your home?  Boom: Gatto says it’s done.

But that’s not all: Mr. Gatto’s proposed legislation will REQUIRE LOCAL GOVERNMENTS to make all of their property…not just the right of way…available for cell sites.  Except fire stations. To grease the support of the firefighters union, the bill has a special carve out for fire stations. They don’t have to be made available for cell sites. Nice political twist, Mr. Gatto.

Under Mr. Gatto’s proposed law, schools run by cities or counties would also be fair game for new cell sites, regardless of how the parents might feel about that.

If you want a 28-cubic foot box in front of your home attached to an unknown number of 6-cubic foot antennas, go see Mike Gatto.  Has he got a deal for you!

A Gift from Mike Gatto and his Wireless Industry Partners

A Mandatory Gift to Everyone in California from Assembly member Mike Gatto and his Wireless Industry Patrons. Thanks, Mr. Gatto.

 

If you want to preserve the aesthetic appeal of the front of you home, and your community’s aesthetics overall, then TELL MIKE GATTO TO KILL HIS WIRELESS GIFT BILL.  The only gift is to his corporate wireless industry patrons, leaving just a lump of coal for his constituents.

Mr. Gatto’s proposed is is bad for everyone in California EXCEPT for Verizon, AT&T, Sprint, Crown Castle, Extenet, Mobilitie, T-Mobile, every other wireless firm, and of course Mr. Gatto.

CLICK HERE TO READ THE BILL as of June 14, 2016.

Here is Mr. Gatto’s contract information:  Why don’t you ask him why his corporate patrons are more important (really, more valuable) than those who elected him to office.

Capitol Office:
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0043
Tel: (916) 319-2043
Fax: (916) 319-2143

District Office:
300 East Magnolia Boulevard
Suite 504
Burbank, CA 91502
Tel: (818) 558-3043
Fax: (818) 558-3042

@MikeGatto

#TellGattoNO

#KillAB2788

Copy and paste into your social media feeds:

#TellGattoNO #KillAB2788 Gatto can’t give away our homes to his wireless co. patrons. #KillAB2788 – the Wireless Give-a-Way!

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Stephen Garcia is Getting Better

I’m very happy to report that Stephen Garcia of Crown Castle in doing much, much better after surgery.  This week I heard from one of his coworkers that his recovery is continuing and gaining speed.  I could not be more delighted by this good news.

After my earlier posting, I had the joy of speaking with Stephen who is recuperating at home.  As I told Stephen by phone, he has to get better: I’m not done torturing him, yet!

He laughed.  I smiled.

jlk

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