A. The purpose of this Chapter is to establish policies and procedures for use of the public rights-of-way by Video Service Providers and Telephone Corporations, in order to minimize the inconvenience to and negative effects on the public and their use of the public rights-of-way, and to eliminate the cost to taxpayers that results from installation, maintenance and removal of the Facilities needed for Video and Telecommunication Systems while ensuring that all users of the public rights-of-way are treated in an equivalent manner. It is also the policy of the City to promote undergrounding of Facilities, whether related to Video Services, Telecommunications Services, or any other utility or service, whenever Technically Feasible, in order to preserve historic and local character and minimize industrial clutter and ensure optimal pedestrian accessibility and traffic safety.

B. This Chapter is intended to protect and promote public safety, community welfare, equity, and the aesthetic quality of the City consistent with the goals, objectives, and policies of the Berkeley General Plan, while at the same time providing for managed development of wireless communications infrastructure in compliance with federal and state law.

C. The City recognizes that judicial interpretation of Public Utilities Code Sections 7901 and 7901.1 authorizes the City to take notice that “lines or equipment might generate noise, cause negative health consequences, or create safety concerns”, which “could disturb public road use, or disturb its quiet enjoyment.” (T-Mobile West LLC v. City and County of San Francisco (2019) 6 Cal. 5th 1107, 1119.) This Chapter seeks to protect the public welfare in a manner consistent with Public Utilities Code sections 7901 and 7901.1. (Ord. 7726-NS § 1 (part), 2020: Ord. 7083-NS § 4 (part), 2009)