T-Mobile v. City and County of San Francisco (A144252)
Public Utilities Code section 7901 gives telecom providers the ability place their equipment in the public right-of-way so long as the equipment does not “incommode the public use of the road.” The question is this case is whether aesthetic considerations, such as poles blocking unique views of the San Francisco Bay, can be part of determining whether equipment “incommodes the public use of the road.” CSAC’s brief in support of San Francisco was prepared by Jeff Melching at Rutan & Tucker in Costa Mesa.