To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Tolling Agreement with AT&T
?Recommendation of the County Administrator ? Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a tolling agreement amendment with New Cingular Wireless PCS, LLC (dba AT&T), to extend through February 27, 2023 the time to act on a wireless telecommunication facility land use permit application for the facility proposed to be located at 5707 Highland Road in the unincorporated San Ramon area.
FISCAL IMPACT:
The applicant is responsible for all related costs.
BACKGROUND:
New Cingular Wireless PCS, LLC, dba AT&T Mobility ("AT&T"), filed an application for a land use permit to establish a new wireless telecommunication facility at 5707 Highland Road, San Ramon CA 94583 (County File CDLP22-02051). The wireless telecommunication facility land use permit was filed September 1, 2022. On November 18, 2009, the Federal Communications Commission (the "FCC") released a Declaratory Ruling clarifying Section 332(c)(7) of the Communications Act. The Ruling permits a wireless service provider whose application has been pending for a period of 90 days for collocation applications, and 150 days for all other applications, to seek judicial review within 30 days on the basis that a state or local permitting authority failed to act on the application within "a reasonable time." The Ruling further permits the period for review of an application to be extended by mutual consent. The Department of Conservation and Development and the applicant have agreed that additional time is necessary to act on an appeal of the project at a public hearing before the County Planning Commission and, potentially, the Board of Supervisors. Thus, the subject tolling agreement would extend the time to act on the application to February 27, 2024.
CONSEQUENCE OF NEGATIVE ACTION:
If the tolli...
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