T-Mobile

Sometimes tension exists between technological advancement and community aesthetics. (Sprint PCS Assets v. City of Palos Verdes Estates (9th Cir. 2009) 583 F.3d 716, 720 (Palos Verdes Estates).) We address here the scope of local government authority to adjust the balance of those interests, consistent with statewide regulation.

Telephone and telegraph companies have long exercised a franchise under state law to construct and maintain their fines on public roads and highways “in such manner and at such points as not to incommode the public use.” (Pub. Util. Code, § 7901 ; see Pac. Tel. & Tel. Co. v. City & County of S. F. (1959) 51 Cal.2d 766, 111 [ 336 P.2d 514 ] (Pacific Telephone I).) State law also provides that local government maintains the right “to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed. [¶] . . . The control, to be reasonable, shall, at a minimum, be applied to all entities in an equivalent manner.” (§ 7901.1, subds. (a), (b).) In 2011, the City and County of San Francisco (City) enacted an ordinance requiring all persons to obtain a site-specific permit before seeking to construct,…