Telecommunications
GDB counsels its wireless telecommunications clients on zoning permitting issues, environmental analyses, administrative processing and hearings, and litigation involving agency decisions and opposition challenges.
GDB provides strategic guidance and hands-on representation to its clients in obtaining permits and approvals for a range of wireless telecommunications projects, whether involving macro sites, Section 6409 eligible facility requests, or small cell installations.
GDB’s attorneys have substantial expertise and experience in providing assistance on facility applications and preparation of robust administrative records; challenging local ordinances and policies that conflict with telecommunications laws; advocacy with agency staff; representation before agency hearing bodies on zoning permits and approvals; litigation challenges to adverse permitting decisions; and, defense of project permits against challenges. The firm’s attorneys are knowledgeable regarding the Telecommunications Act of 1996 (TCA) and amendments, Federal Communications Commission (FCC) Declaratory Rulings and Orders, including as to 5G projects, federal regulations implementing the TCA and FCC Rulings and Orders, FCC Shot Clock rules, regulatory guidance on radio frequency energy issues, and case authority involving the required timeliness of written agency decisions and an agency’s effective prohibition of a carrier’s wireless services.
GDB’s attorneys also advise telecommunications carrier clients on appropriate CEQA and NEPA review for wireless facility projects. The firm obtained the first known published decision (Don’t Cell Our Parks v. City of San Diego (2018) 21 Cal.App.5th 338) on the proper use of a CEQA exemption for a faux tree macro facility involving a site to be installed in a dedicated city park and near a natural preserve area.