In 2006, the 9th Circuit ruled that under the federal Telecommunications Act and state law, California municipalities could not regulate the construction of cell phone equipment in public rights of way on aesthetic grounds. That portion of the 9th Circuit's opinion was subsequently depublished. A California appellate court decision concluded that municipalities could regulate the equipment on aesthetic grounds; but that decision was depublished when the California Supreme Court granted and then dismissed review of the case.
Today, in Sprint v. City of Palos Verdes Estates, the 9th Circuit ruled that cities have a right under the California Constitution to regulate construction to protect aesthetics concerns; and that neither the Telecommunications Act nor California statutory law prevent cities from applying that power to cell phone equipment in public rights of way.
Our office is working with the law firm of Cihigoyenetche, Grossberg & Clouse in representing the city on appeal in this case.
