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AT&T Small Cell Application <br />[Jurisdiction] <br />Page 2 of 2 <br />Applicable Law <br />Approval is required under the federal Telecommunications Act of 1996, 47 U.S.C. §§ 253, 332 ("Act"). The Act, <br />which was enacted to prioritize and streamline deployment of wireless technologies, limits the ability of state and <br />local governments to regulate wireless service. The Act establishes substantive and procedural limitations on the <br />review of wireless facility siting applications. A state or local government cannot take action that would <br />unreasonably discriminate against AT&T in acting on the application. A state or local government cannot take any <br />action that would prohibit or effectively prohibit the provision of wireless services. An effective prohibition occurs <br />when the jurisdiction's denial of an application materially limits or inhibits AT&T's ability to provide or improve <br />wireless services. A state or local government may not consider the effects of radio frequency emissions when <br />considering this application. <br />The county must review this application within a reasonable period of time, as defined pursuant to the shot clock. <br />Any decision to deny the application must be in writing contemporaneously with the decision and supported by <br />substantial evidence contained in a written record. The written denial must provide the basis therefor with a <br />recitation of findings of fact and conclusions of law supporting the denial. <br />Pursuant to the California Constitution and Section 7901 of the California Public Utilities Code, AT&T has a <br />statewide franchise right to construct telecommunications facilities and place poles within the public rights-of-way <br />so long as it does not incommode the public way. AT&T's right is subject only to the municipality's authority to <br />impose reasonable and equivalent time, place and manner restrictions pursuant to Section 7901.1 of the California <br />Public Utilities Code. AT&T's proposed small cell Facility do not incommode the public way. <br />Payment of application fees will be provided upon invoice from the county. <br />Questions or notices related to this Application may be directed to: <br />Pam Babington <br />pbabington@qualtekwireless.com <br />1200 Del Paso Rd. #150 <br />Sacramento, CA 95384 <br />(530) 601-8188 <br />We look forward to working with you to complete this wireless communications project in San Joaquin County. <br />Sincerely, <br />Pam Babington, on behalf of AT&T <br />Cc: Jeniece Avalos <br />