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Board upholds Department of Public Works on multiple AT&T SMF excavation permit appeals; disputes center on 60‑day rule and SMF notice process

San Francisco Board of Appeals · May 7, 2014
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Summary

The Board of Appeals denied AT&T’s appeals of DPW denials for several surface‑mounted facility excavation permits (including 198 Palm, 398 Carl, 4590 Balboa, 2103 Hayes and 1303 Seventeenth), after hearing arguments about statutory timing under the Public Utilities Code, DPW’s SMF order and notice process, and alternate‑site feasibility.

The San Francisco Board of Appeals on May 7 denied multiple appeals by AT&T challenging Department of Public Works denials of excavation permits for surface‑mounted facilities (SMFs), upholding DPW decisions across a set of cases that the company had argued were unlawfully delayed and improperly denied.

AT&T counsel Foster Johnson told the Board the city failed to act within the 60‑day turnaround the company says the Public Utilities Code requires for franchise holders, citing permit submissions that, he said, went 170–270 days before formal denial. Johnson argued the city’s denials…

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