SB 1627:  Does the New Law Really Help the Wireless Telecommunications Industry?

California SB 1627 is a new state law that governs the permitting process for wireless communications “collocation” facilities.  SB 1627 may serve as a model for other states that seek to affirm local land use powers, while still addressing the needs of wireless providers to build out their networks with diminished local oversight. The question remains whether the law really accomplishes those objectives.

New Rules on "Collocation"

Ostensibly, SB 1627 streamlines the local permitting process for collocated wireless facilities by foreclosing the ability of cities and counties to exercise discretionary permit review for placement of new facilities on already approved wireless towers. In so doing, the law seeks to promote wireless coverage. At the same time, the law addresses concerns of municipalities about the growing proliferation of  wireless transmission towers by promoting the concentration of facilities on previously approved towers and structures.

Despite the law's ostensive restriction on the exercise of discretion over collocation facilities, the new statute also contains provisions that appear to expand discretion by conferring a wide grant of authority over the issuance of land use permits for the initial "base station" structures intended for those collocation facilities.

The provisions of the law that expand local discretion may be problematic. For instance, the law, as written, has potential to be in conflict with other state laws and the federal Telecommunications Act of 1996, which seeks to "promote competition and reduce regulations" and to "encourage rapid deployment of telecommunications technologies." The law also may collide with a long-standing state law, Public Utilities Code section 7901, which has been interpreted to significantly constrain local discretion over telecommunications structures in the public rights-of-way.  If the law is not amended in a manner that expressly limits its discretionary grants in a manner consistent with the Telecom Act and section 7901, those areas of potential conflict may be left to the courts to resolve.

SB 1627 arises in a context where all parties have a common interest: municipalities and carriers both have an interest in promoting the economic development and public safety benefits of wireless telecommunications. It is, therefore, in the best interests of local governments and carriers to collaborate in drafting mutually acceptable guidelines that convey the legal spirit behind the law.

For a more complete discussion of the issues, please click here.