pole attachment

Utilities shouldn’t bear damage costs alone, California wildfire report recommends

16 April 2019 by Steve Blum
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California governor Gavin Newsom’s wildfire “strike force” published its findings on Friday. The report offers suggestions for preventing, or at least reducing, catastrophic wildfires, and for paying for the damage when they do happen. The short answer is spread the costs around.

One of the central concepts floated by the report is to change California’s strict liability standard, which requires electric and telecoms utilities to pay for all wildfire damages if their equipment is involved in starting a fire, whether or not they did something wrong.… More

Crown Castle won’t have to wait for new PG&E pole attachment terms, CPUC says

12 April 2019 by Steve Blum
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PG&E wants a do-over on a utility pole access decision by the California Public Utilities Commission, but it’ll have to comply with it in the meantime. Wednesday, the CPUC’s executive director refused to delay execution of an arbitrated contract between PG&E and Crown Castle while commissioners decide what they’re going to do with the appeal filed by PG&E last month.

The CPUC’s decision gives PG&E 45 days to approve or deny Crown Castle’s pole attachment requests.… More

Cities have broad authority over wireless facilities, California Supreme Court rules

In a landmark decision, the California Supreme Court gave cities a major victory today, ruling that the way San Francisco regulates the appearance of wireless facilities is legal, and isn’t preempted by state law or California Public Utilities Commission regulations. Its interpretation goes beyond lower court decisions and adopts a narrower view of state-level restrictions on municipal control of telecommunications infrastructure. The unanimous opinion also opened the door to further regulation of cell sites and other telecoms facilities – wired or wireless – by drawing a line between specific limits the legislature put on local oversight of construction activities, and the general ability of cities to set standards for the appearance, placement and, potentially, other aspects of wireless equipment after it’s built.… More

California Supreme Court expands local control of wireless facilities, allows cities to set aesthetic standards for cell sites

Tmobile small cell riverside

UPDATE here.

San Franciso’s aesthetic standards for cell sites are legal under California law. The California Supreme Court rejected an appeal by T-Mobile, Crown Castle and Extenet of lower court rulings that allowed the City and County of San Francisco to regulate the appearance of cell sites. The ruling, posted minutes ago, is here. The ruling is broader than the lower courts’ opinions, though, and appears to expand the scope for local governments to control the use of public right of ways and issue permits for wireless facilities.… More

Major ruling on cell site aesthetics due from California Supreme Court tomorrow

Tmobile small cell burlingame

UPDATE here.

The California Supreme Court is about to rule on whether California law allows cities to regulate the appearance of cell sites. It posted a notice earlier today that a decision will be published at 10am tomorrow (Thursday, 4 April 2019). Background on the case is here. The key question: does mobile infrastructure that offends local aesthetic sensibilities “incommode the public use” of the public right of way? A California appeals court said yes, it does.… More

Ad hoc decisions will make utility pole safety problems worse, PG&E tells CPUC

25 March 2019 by Steve Blum
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PG&E doesn’t like the pole attachment terms Crown Castle was granted by the California Public Utilities Commission, and is asking for a do-over. At its recent meeting, commissioners unanimously approved contract terms decided by a CPUC administrative law judge who was acting as an arbitrator in a dispute between the two companies.

It’s more than just a simple contract dispute, though. Pole route management policy is getting a hard look by the CPUC and by federal courts that are dealing with PG&E’s bankruptcy filing and criminal probation in the wake of deadly fires sparked by overhead lines.… More

Federal appeals court slows but doesn’t stop muni challenges to FCC wireless preemptions

21 March 2019 by Steve Blum
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Samsung small cell

The federal appellate court review of two Federal Communications Commission rulings that preempt local authority over wireless attachment and wireline excavation permits, and take away local ownership of streetlight poles and similar property will continue, albeit slowly. Yesterday, the ninth circuit court of appeals in San Francisco refused to ice the case completely, as requested by the FCC and as dutifully echoed by wireless carriers.

Instead, the court consolidated the twelve separate appeals of the September wireless attachment order into a single case, and assigned it to the same set of judges who will consider two appeals of the August wireline excavation order.… More

Wireless permit shot clocks aren’t really shot clocks, fee limits aren’t really limits, FCC tells appeals court

19 March 2019 by Steve Blum
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Riverside pole mount

The FCC wants to stall a federal appellate court review of its order preempting local ownership of street light poles and similar municipal assets located in the public right of way. Dozens of cities, counties and associations pushed back against the move, telling the court they would face “significant hardships” if their appeal was iced for months while the FCC pretends to reconsider its original ruling at its leisure.

There’s no hardship, the FCC told the San Francisco-based ninth circuit federal appeals court in its reply.… More

Four California counties say “no criminal charges” for PG&E

14 March 2019 by Steve Blum
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Pacific Gas and Electric won’t face criminal charges for its role in starting several northern California fires in 2018. District attorneys in Sonoma, Napa, Humboldt and Lake counties announced that they can’t prove a case. According to a press release from Sonoma County district attorney Jill Ravitch, the necessary evidence burned up along with everything else…

The cases that were referred for prosecution all required proof that PG&E acted with criminal negligence in failing to remove dead and dying trees.

… More

“Significant hardships” will fall on cities if appeals of FCC pole ownership preemption stall, court told

8 March 2019 by Steve Blum
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The cities and counties that are challenging the Federal Communication Commission’s preemption of local ownership of streetlight poles and other assets located in the public right of way don’t want any delays in their cases. In filings yesterday with the ninth circuit federal appeals court in San Francisco, local agencies objected to the FCC’s request to put everything on hold while it thinks about whether it’s going to reconsider its decision. Which could take months, or longer.… More