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Board rejects AT&T appeals over DPW SMF denials, refunds fees
Summary
The Board of Appeals rejected three AT&T appeals of Department of Public Works denials for surface‑mounted facilities as not yet ripe; the board found it lacked subject‑matter jurisdiction and ordered a refund of filing fees.
The San Francisco Board of Appeals on Jan. 15 rejected three AT&T appeals challenging Department of Public Works denials for proposed surface‑mounted facilities at three sites, finding the appeals were not ripe and outside the board’s subject‑matter jurisdiction.
AT&T told the board DPW’s SMF order and pre‑application process prevented AT&T from applying for excavation or encroachment permits and therefore created a catch‑22 that should not bar appeal. DPW’s John Kwong and department counsel said DPW had asked AT&T to explore alternate locations and work with the community; DPW noted that if AT&T filed an excavation permit it would be administratively denied and that denial would be the proper trigger for an appeal.
Targeted public comment limited to the jurisdictional question emphasized residents’ interest in pursuing alternatives and noted DPW had directed AT&T to work with neighbors. After deliberation the board voted 4‑1 to reject the appeals for lack of subject‑matter jurisdiction and to refund the $900 appeal fees. The board explained the appropriate sequence is for a departmental denial of a specific permit (for example an excavation permit) to be the trigger for an appeal to this body.
