HomeMy WebLinkAboutPA2021-280_20211123_Statement of CLEC and CPUC StatusStatement of CLEC and CPUC Status
New Cingular Wireless PCS LLC (“NCW”) dba AT&T Mobility is a telephone corporation that provides wireless service in the City of Newport Beach pursuant to a Wireless IdentificationRegistration Number, U 3060 C, issued by the California Public Utilities Commission.
Section 7901 of the California Public Utilities Code authorizes telephone corporations to construct facilities in the public right of way. Thus, as a registered wireless carrier, NCW is allowed to construct facilities in the public right of way.
NCW does not have and is not required to have a Certificate of Public Convenience and Necessity (CPCN). The CPUC terminated the requirement for wireless carriers to have CPCNs in 1994 and replaced it with the registration process. Please see Section 1013 of the
Cal. Pub. Util. Code and attached letter from CPUC.
Under Cal. Pub. Utils. Code §§ 7901 & 7901.1 (excerpted below), AT&T has an affirmative right to deploy its facilities in public right-of-way subject to the city’s police power to control the location and manner of an installation. The city police power, however, is limited, and it
must exercise this authority in a reasonable and nondiscriminatory manner. See 7901.1.
PUBLIC UTILITIES CODE SECTION 7901-7901.1 7901. Telegraph or telephone corporations may construct lines of telegraph or telephone lines
along and upon any public road or highway, along or across any of the waters or lands within this State, and may erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public useof the road or highway or interrupt the navigation of the waters.
7901.1. (a) It is the intent of the Legislature, consistent with Section 7901, that municipalities shall have the right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed. (b) The control, to be reasonable, shall, at a minimum, be applied to all entities in an equivalent manner. (c) Nothing in this section shall add to or subtract from any existing authority with respect to the imposition of fees by
municipalities.
PA2021-280