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

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.