GTE Mobilnet of California Ltd. Partnership v. City of San Francisco

ORDER GRANTING IN PART DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

On July 7, 2006, the Court heard argument on plaintiffs motion for partial summary judgment and defendant’s motion for partial summary judgment. Having considered the arguments presented and the papers submitted, and for good cause appearing, the Court hereby GRANTS IN PART defendant’s motion and DENIES plaintiffs motion.

BACKGROUND

Plaintiff GTE Mobilnet of California Limited Partnership dba Verizon Wireless (“Verizon”) is a company licensed by the Federal Communications Commission to build and operate wireless cellular transmission stations to serve Northern California. In an effort to improve its coverage in the city of San Francisco, Verizon sought a permit from the city of San Francisco to install wireless equipment on public rights-of-way throughout the city. This equipment, antennas measuring approximately two feet by two feet and small utility boxes, would be installed on existing telephone and utility poles.

Both state and local law regulates the ability of telephone corporations to utilize public rights-of-way for their equipment. To…