Committee raises telecom and franchise questions; members split on scope and modernization

Sunnyvale's Charter Review Committee discussed Article XVI, the city's authority over franchises, and focused on communications and utility franchise language during the March 6 meeting.

Committee members raised multiple questions about franchise language and whether it covers modern communications such as fiber, wireless small cells and satellite services. Member Davis said local deployment lags deployment elsewhere, calling it a professional concern: "people working on them have to go to Asia to see them in use." Member We asked whether the charter's franchise language would apply to satellite or Wi‑Fi services; staff replied that federal and state laws related to certain communications antennae can preempt local rules.

Vice Chair Wickham questioned the list of franchise privileges in the charter and noted some items appear outdated or duplicative, asking whether categories such as "power" and "electricity" are distinct. The committee also discussed exceptions for poles owned by utilities (for example PG&E) and noted some rights are constrained by state or federal law.

Why it matters: Committee members said franchise language can affect the city's ability to secure fast internet and to negotiate terms for public assets. Members suggested the charter could preserve the city's options while recognizing legal preemption in some areas.

Next steps: Staff said city staff will supply municipal‑code references and noted the franchise provisions include an exception "insofar as entitled to do so by direct authority the constitution or laws of California or The United States of America." The committee asked staff to return with proposed edits and background on which franchise powers are city‑retained versus preempted by higher law.