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California Supreme Court Affirms Local Authority to Regulate Wireless Infrastructure

• https://takebackyourpower.net

On April 4, 2019, the California Supreme Court published an opinion supporting municipal authority to make regulations on so-called 'small cell' PROW (public right of way, aka ROW) towers and uses of the public's right-of-way. This opinion affirms the 2016 appellate court ruling.  

This opinion seems to go far beyond mere aesthetic standards — the focus of the lawsuit by T-Mobile West LLC — affirming the exercise of municipalities' full police powers to regulate small cell towers in the public's right of way, including that municipalities do have discretionary power.

These rulings have bearing on Smart Meters in California because of the affirmation of local policing powers. The Supreme Court and appellate court decisions repudiate CPUC claims of exclusive jurisdiction over utilities made during the Smart Meter roll-out.

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