While the Town reviews and approves the location of individual wireless applications, it must do so within parameters established by both federal and state laws that severely limit the Town’s discretion. A summary of these laws can be found in the Presentation to Town Council by Telecom Law Firm available at www.danville.ca.gov/wireless
Collectively, these federal and state laws prohibit cities from:
1. Denying a carrier the ability to provide service either through explicit prohibitions (example: banning new wireless facilities) or through actions that effectively prohibit service.
2. Denying wireless applications based on health concerns, such as those expressed about radio frequency emissions.
3. Stalling or failing to make a decision. The Telecommunications Act imposes a short time frame, often referred to as a shot clock, for a city to review a wireless application. Failure for a city to act results in the application being automatically approved without the ability to impose conditions of approval.
4. Denying a carrier from using the public right-of-way to install their equipment.