SF Says Caring About Looks Never Caused Harm to Telcos

Appeal for the First District. The lower court upheld a San Francisco ordinance meant to block installation of telecom equipment that would diminish the city's beauty, rejecting a challenge by T-Mobile, Crown Castle and ExteNet (see 1701240012). "The telephone corporations who are Appellants here contend that this Court must choose between progress and parochialism, because allowing cities to control the appearance of their streetscapes by regulating wireless equipment in the public right of way will destroy innovation in Telecommunications," San Francisco said. "Appellants posit a false choice." San Francisco said it has approved more than 98 percent of wireless facility permits sought through the time of bench trial in the case. “While Appellants deploy broad rhetoric that San Francisco’s regulations nullify their statewide franchise right and jeopardize their rollout of 5G wireless service, they never demonstrate that their ability to do business or provide service is impaired in any respect -- nor could they, when they have received nearly all of the permits they have sought under San Francisco’s wireless facility permitting regime.”