Sprint PCS Assets, L.L.C. v. City of Palos Verdes Estates

ORDER CLARIFYING REQUEST THAT THE SUPREME COURT OF CALIFORNIA DECIDE A QUESTION OF CALIFORNIA LAW

ORDER

On May 8, 2007, we respectfully requested that the Supreme Court of California decide the question of whether California Public Utilities Code §§ 7901 and 7901.1 permit public entities to regulate the placement of telephone equipment in public rights of way on aesthetic grounds.

On August 15, 2007, pursuant to California Rule of Court 8.548(f)(5), the California Supreme Court requested that we clarify our question in light of the significance, if any, of our decision in Sprint Telephony PCS, L.P. v. County of San Diego, et al., 490 F.3d 700 (9th Cir.2007).

We incorporate by reference our order of May 8, 2007. Having reviewed our decision in Sprint Telephony, we respectfully suggest that it does not answer the question of California law that we certified for decision.

In Sprint Telephony, we considered whether the County of San Diego’s (“the County”) wireless telecommunication ordinance (“WTO”) ran afoul of 47 U.S.C. § 258 (a), which prevents state or local regulations from effectively prohibiting the ability of entities to provide telecommunications services. The WTO…