AB 162 Off California Assembly Calendar (for 2013)

CellTower

Updates from former City of Glendale wireless siting consultant Jonathan Kramer:

Assembly Bill 162 Pulled – Will Not Come Back Until At Least 2014

AB 162 has been pulled from this year’s legislative calender… AB 162 is not dead; merely pushed to next year’s legislative calendar.

In the update below, Kramer mentions Arlington, TX v. the FCC, a case involving time limits on wireless siting permits, now pending before the U.S. Supreme Court. The city of Glendale joined that appeal on the side of Arlington, which contends that the FCC lacks the authority to impose such time limits on municipal decision making with regard to wireless sites. The city of Glendale is listed as one of the Parties to the Proceedings.

Assembly Bill 162 in a Cocoon for 2013. Now what?

Now that Assembly Bill 162 has been removed from California’s legislative agenda for 2013, it’s vital that we remember that the Bill is not dead; it is merely awaiting a rebirth in some form in 2014.

Because of the reality of re-emergence, we need to continue to educate Assembly Member Holden and his staff about the inherent unintended consequences of this seemingly simple, yet highly technical legislation.

Coupled with education, we must work with elected officials in the Assembly and Senate to show them that there is no significant special problem for AB 162 to try and fix.

Finally, we need to continue monitoring what happens at the federal level with Section 6409(a). That legislation, which has serious constitutional deficiencies, will be vicariously defended by the wireless industry. We also need to track what happens with the pending U.S. Supreme Court decision regarding the FCC’s Shot Clock in the Arlington case.

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