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MACKENZIE & ALBRITTON LLP <br /> <br /> <br /> <br /> <br />September 4, 2018 <br />VIA EMAIL <br />Mayor Miguel Pulido <br />Mayor Pro Tern 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), Sptember 4, 2018 <br />Dear Mayor Pulido, Mayor Pro Tern Martinez and Councilmembers: <br />We write again on behalf of Verizon Wireless to provide comment on the proposed <br />ordinance regulating wireless facilities in the right-of-way (the "Draft Ordinance"). <br />Verizon Wireless appreciates minor revisions that respond to our prior letter of August 20, <br />2018 by removing submittal requirements that would exceed the City's authority. <br />However, there remain numerous issues to be addressed before the Council conducts first <br />reading, including requirements that contradict state and federal law. <br />We emphasize that the City will miss an opportunity to incentivize small facilities <br />on City -owned poles that generate revenue for the City. This is because there is no <br />exemption for these facilities in the Draft Ordinance. Verizon Wireless has been working <br />cooperatively with City staff to draft a master license agreement. As pole owner, the City <br />has full discretion over facility design and other factors that can be included in the license <br />agreement. The wireless permit issued under the Draft Ordinance would be duplicative <br />and unnecessary. It would add additional cost and time, and it would discourage wireless <br />carriers from using City -owned poles where they could use utility poles or place new <br />poles. Verizon Wireless strongly encourages the Council to exempt facilities on City - <br />owned poles under a license agreement. <br />As we previously explained, several Draft Ordinance provisions contradict <br />California Public Utilities Code Section 7901 which grants telephone corporations such as <br />Verizon Wireless a statewide right to place their equipment in any right-of-way, including <br />new poles. To avoid violating Section 7901, the Draft Ordinance cannot prefer locations <br />