[UPDATE: Of the 99 slots available, only about 10 are left. If you qualify to participate, please DO NOT wait to register.]
On October 9th, Governor Brown signed AB 57 (Quirk) into law. This new statute turns the wireless development review process upside down, and specifically:
• creates a new special “deemed-approval” for new and substantially changed wireless facilities in California when the local government fails to approve or deny the application within the preemptively reasonable time-frames set out in the FCC’s shot clock; and
• requires local governments to sue the applicant after the shot clock expires.
The “deemed-approval” provision makes no exceptions for any public notice, public meeting, CEQA or appeal issues. Moreover, the law does not explain what it deems approved or what happens when the time runs out.
Telecom Law Firm will be hosting a free, 45-minute wireless update webinar for local government officials and employees. Jonathan Kramer and Tripp May will discuss what these changes mean for municipalities and how to balance legitimate planning goals with AB 57 compliance. A question and answer period is also included.
The webinar will begin at 11:00 a.m. on Wednesday, October 21, 2015 and run for about 45 minutes.
There is NO CHARGE for this webinar. This webinar is ONLY open to local government officials and employees. Handouts will be provided to registrants. Registrations are limited to the first 99 responders.
Here is the registration link: https://attendee.gotowebinar.com/register/2120099581236426242
(Please don’t try to register if you are NOT a government attorney or planner. Registrations are processed manually.)
Good Morning Mr. kramer. I missed the free webinar you had for public employees last October on AB57. I am a little unclear that on a previous page you have stated that: “AB 57 says that if a local government does not approve or disapprove a wireless project within 150 days for a new site, or 90 days for a collocation NOT subject to Section 6409(a), then the project is deemed approved by operation of law”
AB57, as signed by the governor says that it is only applicable to collocation as defined under Section 65850.6 of the State Code. Projects related to the state definition of “collocation” would not trigger 150 days review, it mostly likely 60. I know as a fact that the law is clear it will not apply to eligible requests, do you believe this law applies to 90 days and 150 days review process?
Thank you so much. It was a pleasure to have met you in the City of Lafayette a few years ago. I really enjoyed your presentation.
Telma, you have caught one of the more poorly draft elements of AB 57, which provides a deemed-approved remedy for projects not subject to 6409(a).
AB 57 starts by saying, “65964.1. (a) A collocation or siting application for a wireless telecommunications facility, as defined in Section 65850.6, shall be deemed approved if all of the following occur…” Basically, the statute is borrowing the definition of a collocation and wireless telecommunications facility from 65850.6(c)(1) and (c)(2). Sec. 65964(b) says that AB 57 is not applicable to an eligible facilities request, which it defines as having “the same meaning as in Section 1455 of Title 47 of the United States Code” (Section 6409(a) as codified).
Taken together, AB 57 applies to new sites, and to collocations which are NOT eligible facilities requests under Sec. 6409(a). The FCC’s shot clock order sets the time limits for new sites as 150 days, and collocations which are NOT eligible facilities requests under Sec. 6409(a) as 90 days.
Until a court tells us otherwise, it is prudent to assume that any type of new site or collocation is deemed approved by operation of federal regulation or state law if it exceeds the FCC’s shot clock (150 days; 90 days; 60 days).
Jonathan