(May 24, 2007) The California Chamber of Commerce is joining the telecommunications industry and has filed a “friend of the court” brief in a case that will have a profound impact on the future of telecommunications in California.

The California Supreme Court will review the case of Sprint Telephony PCS, L.P. v. County of San Diego.

A recent Court of Appeal decision gives local governments permission to interfere with the timely and efficient deployment of telecommunications infrastructure throughout California. Currently, local ordinances give city and county governments the authority to set their own arbitrary permitting criteria which may be based on “aesthetics” or other subjective criteria without regard to the critical need for telecommunications infrastructure.

In its brief the CalChamber argued that if every city and county were to create its own discretionary permitting system with its own view of “aesthetics” for construction of new lines and equipment in the public rights-of-way, the telecommunications system needed for the critical development of California would have never been built.

The CalChamber argues that new telecommunications infrastructure is essential to future economic growth in the state. The CalChamber believes that it is the Legislature’s intention to promote the deployment of new telecommunications technology and cited an executive order signed by Governor Arnold Schwarzenegger in the fall of 2006, which created a Broadband Task Force to remove barriers to broadband access and to “enable the creation and deployment of new advanced communications technologies." The Governor expressly recognized that deploying “advanced communication services throughout California will enable continued improvements in health care, public safety, education and the economy.”

The CalChamber believes that California’s economic success depends upon maintaining the state’s technological edge over global competitors. Installations of high-speed data lines and fiber-optic cable are crucial to maintaining that edge. Allowing local governments to exercise discretionary control based on “aesthetics” will serve as a disincentive for telecommunications companies to invest in new infrastructure in California. Without continued investment in telecommunications, California businesses will lose the technological edge that is vital to the state’s economy.

Staff Contact: Erika Frank