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CC - Adoption of a Resolution, Denying Without Prejudice, T-Mobile's Application for a Proposed Wireless Telecommunications Facility in the Public Right-of-Way West of 10876 Culver Boulevard.
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Meeting Date: August 27, 2018
Contact Person/Dept: Sammy Romo/PW; Roland Miranda/City Attorney's Office
Phone Number: 310-253-5619; 310-253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (08/21/18);
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (08/21/18)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution denying without prejudice a wireless telecommunications facilities permit application filed by T-Mobile West for the installation of a wireless telecommunications facility, including accessory equipment and new free standing pole in the public right-of-way west of 10876 Culver Boulevard.
BACKGROUND
Procedural Background
On September 29, 2017 T-Mobile West submitted an application for a permit for a proposed wireless telecommunications facility (Attachment 1) pursuant to Culver City Municipal Code (CCMC) Chapter 11.20. For this type of wireless telecommunications facilities application, the Federal Communications Commission ("FCC") has established that 150 days is a presumptively reasonable period within which a municipality has to render a decision on this type of wireless telecommunications facilities application ("FCC shot clock"). A failure to act within this 150-day FCC shot clock period will place the city at risk of a claim by the applicant that the application has been "deemed approved" under state law, as discussed further below in the Legal Background section of this report.
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