California Court of Appeal

Trial court's upholding of defendant county's Wireless Telecommunications Ordinance (WTO) is affirmed over claims that: 1) wireless telecommunications providers enjoy the privileges conferred by Public Utilities Code section 7901 to install necessary equipment in a public right of way; and 2) the scope of the privileges accorded by section 7901 preclude local governments from imposing design and siting restrictions when a wireless telecommunications provider exercises the privilege to place equipment in a ROW.

Appellate Information

• Decided 06/20/2006
• Published 06/20/2006

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Buchanan Ingersoll, Daniel T. Pascucci and Nathan R. Hamler, San Diego, for Plaintiff and Appellant., Ledoux Esquire Inc., Stephen R. Ledoux and Andrew D. Mastin, San Francisco, for T-Mobile USA, Inc., as Amicus Curiae on behalf of Plaintiff and Appellant.


• For Appellees:
  
• John J. Sansone, County Counsel, and Thomas D. Bunton, Senior Deputy County Counsel, for Defendants and Respondents., Jennifer B. Henning for California State Association of Counties, as Amicus Curiae on behalf of Defendants and Respondents., Dennis J. Herrera, City Attorney (San Francisco), Burk E. Delventhal, Chief Government Team Deputy, Owen J. Clements, Chief of Special Litigation, Theresa L. Mueller, Chief Energy and Telecommunications Deputy, and William K. Sanders, Deputy City Attorney, for League of California Cities and City and County of San Francisco as Amicus Curiae on behalf of Defendants and Respondents.