Can the City require a wireless facility proposed in the public right-of-way be moved to other publicly owned or private property?

No. A local government cannot force a "wireless carrier" proposing to locate in the public rights-of-way to move the site out of the public rights-of-way. Cities are preempted by State and Federal laws in regard to licensing wireless carriers. Wireless carriers are franchised by, and have authorities under, the State of California, Public Utilities Commission and the FCC. Cities may consider reasonable alternative locations in the public rights-of-way if appropriate to lessen visual impact.

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1. Can the City regulate radio frequency emission levels from wireless antennas?
2. Can the City prohibit wireless facilities in the Right-of-Way?
3. Can the City require a wireless facility proposed in the public right-of-way be moved to other publicly owned or private property?
4. Can the City require wireless carriers to use specific equipment?
5. Are public notices required for new wireless sites in the City?