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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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031119
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3/6/2019 4:06:34 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/11/2019
DESTRUCT DATE
15Y
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Can the City favor one location in the community for facilities over another? <br /> The City may established preferences and make it easier to deploy in those locations.The City may also <br /> require applicants who propose less-preferred locations to demonstrate why more preferred locations <br /> are not technically feasible. However, the City cannot generally prohibit these facilities in broad areas <br /> (such as residential neighborhoods) and cannot force carriers to use property owned by one specific <br /> person or entity. <br /> Is there a limit to the number of cell facilities in Pleasanton? <br /> Cities cannot deny a carrier the ability to provide service either through explicit or implicit prohibitions <br /> (e.g., banning new wireless facilities or establishing a maximum cap). <br /> Has the FCC's new order been challenged? <br /> A number of lawsuits have been filed challenging the order and seeking a stay of its effective date until <br /> the litigation is resolved. In the meantime, the City will continue to review applications consistent with <br /> its Wireless Ordinance and existing federal law. In addition to the FCC Order, cities in California are also <br /> keeping an eye on a case pending in the California Supreme Court. In that case (T-Mobile West v. City <br /> and County of San Francisco), the court will decide whether San Francisco's ordinance regulating <br /> wireless installations in the public right of way based on aesthetics is preempted by state law.The court <br /> will likely rule in this case during the first half of 2019. <br />
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