HomeMy WebLinkAboutAB 57 (Oppose)Steve Tye
Mayor
Nancy A. Lyons
Mayor Pro Tem
Carol Herrera
Council Member
Jimmy Lin
Council Member
Jack Tanaka
Council Member
May 19, 2015
21810 Copley Drive • Diamond Bar, CA 91765-4178
(909) 839-7000 a Fax (909) 861-3117
www.DiamondBarCA.gov
The Honorable Bill Quirk
California State Assembly, 20th District
P.O. Box 942849
Sacramento, CA 94249-0020
Via Fax: (916) 319-2120
Dear Assembly Member Quirk:
The City of Diamond Bar respectfully opposes AB 57, which would
unnecessarily and significantly impact a cities' authority to regulate the
placement of certain wireless telecommunications facilities. AB 57 goes
beyond the requirements of federal law and regulations by deeming approved
any application for colocation or siting of new wireless facilities if a jurisdiction
does not approve or disapprove the application within specific timelines.
In 2009, the Federal Communications Commission (FCC) adopted rules that
require local governments to review and act on applications for the
establishment of wireless communications structures within certain timelines,
with failure to act resulting in possible court proceedings. The issue was again
raised again in 2014 when the FCC reviewed requirements under a the new
6409 rule, regarding what is considered a "substantial modification". Again, the
FCC refused to issue a deemed approved rule.
It is important to note that federal law continues to be challenged in court.
Regardless of the outcome, it appears that the best course of action is to not
modify existing law until court proceedings and the FCC clarify regulations.
For these reasons, the City of Diamond Bar opposes AB 57.
Scerely, /_
Steve Tye
Mayor
CC: Senator Bob Huff, 29th District, Fax (916) 651-4929
Assembly Member Ling -Ling Chang, 55th District, Fax (916) 319-2155
Assembly Member Brian Maienschein, 77th District, Fax (916) 319-2177
City Council
Jennifer Quan, League of California Cities
Joe A. Gonsalves & Son