T-Mobile West LLC v. City & County of San Francisco

Opinion

BRUINIERS, J.—

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 ;…