Herrera statement on California Supreme Court upholding San Francisco’s wireless regulations

San Francisco’s approach strikes the right balance

SAN FRANCISCO (April 4, 2019) — City Attorney Dennis Herrera issued the following statement regarding today’s decision by the California Supreme Court affirming lower court decisions and rejecting an appeal by T-Mobile West LLC about San Francisco’s permitting process for installing wireless equipment:

“I’m pleased the California Supreme Court has agreed that San Francisco’s common-sense regulations don’t conflict with state law. Every court that has looked at this case has come to the same conclusion. 

Private companies don’t have free rein when it comes to using a public resource. San Francisco’s approach strikes the right balance. It allows for innovation and improved technology while ensuring that unsightly poles and equipment don’t mar public views of the Painted Ladies or the Golden Gate Bridge. San Francisco doesn’t prohibit this equipment from being installed. We’re simply requiring companies to take reasonable steps to minimize the obtrusiveness of their installations. That’s common sense.

The industry’s argument that these regulations would somehow curtail the rollout of 5G technology was a complete red herring. There was no evidence of that whatsoever. Residents do not have to choose between better wireless service or managing the appearance of their streets. They can have both.”

The case is: T-Mobile West LLC et al. v. City and County of San Francisco et al., California Supreme Court No. S238001. Additional information on the San Francisco City Attorney’s Office is available at: www.sfcityattorney.org

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