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MACKENZIE & ALBRITTON LLP <br />155 SANSOME STREET, SUITE 800 <br />SAN FRANCISCO, CALIFORNIA 94104 <br />TELEPHONE <br /> <br />August 20, 2018 <br />VIA EMAIL <br />Mayor Miguel Pulido <br />Mayor Pro Tem Michele Martinez <br />Councilmembers Vicente Sarmiento, <br />Jose Solorio, David Benavides <br />Juan Villegas and Sal Tinajero <br />City Council <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, California 92701 <br />Re: Draft Ordinance <br />Telecommunications Facilities in the Public Right -of -Way <br />Council Agenda Item 50(A), August 21, 2018 <br />Dear Mayor Pulido, Mayor Pro Tem Martinez and Councilmembers: <br />We write on behalf of Verizon Wireless to provide comment on proposed <br />amendments to Santa Ana Code of Ordinances Chapter 33 Article X regarding wireless <br />facilities in the right-of-way (the "Draft Ordinance"). Verizon Wireless appreciates <br />revisions by staff in response to our prior comments, including removal of an unlawful <br />finding requiring a coverage gap. However, there remain numerous provisions that <br />conflict with state or federal law. A preference for private property locations ignores <br />Verizon Wireless's statewide franchise to place its telephone equipment in any right-of- <br />way. The Draft Ordinance misinterprets federal Telecommunication Act protections for <br />wireless carriers by requiring that applicants prove new poles will avoid a prohibition of <br />service. The City may wish to follow the example of other jurisdictions that exempt <br />facilities on City -owned poles from wireless permit requirements. The Draft Ordinance <br />would greatly benefit from further review by staff to address the concerns raised by <br />industry, particularly provisions that violate state or federal law. For this reason, we urge <br />the Council to defer introduction of the Draft Ordinance. Our comments on the Draft <br />Ordinance are as follows: <br />Facilities on City -Owned Poles Should Be Exempt from Permit <br />Requirements. <br />For any right-of-way poles such as street lights owned by the City, the City will <br />have complete discretion over design and other factors in its proprietary right as pole <br />0 <br />