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Board of Appeals denies Crown Castle rehearing for wireless permit at 15620 Seventh Avenue
Summary
The San Francisco Board of Appeals on Aug. 22 denied a rehearing request from Crown Castle (formerly NextG) over a revoked wireless equipment permit at 15620 Seventh Avenue, rejecting arguments about vested rights and federal preemption and directing staff to release a notice of decision.
The San Francisco Board of Appeals on Aug. 22 denied a rehearing request from Crown Castle NG West Inc. over the revocation of a wireless equipment permit at 15620 Seventh Avenue, voting 4–0 to reject the company’s request.
Natasha Ernst, government and utility counsel for Crown Castle, asked the Board to rehear the case, arguing the permit’s revocation would cause “manifest injustice” and claiming Crown Castle had vested rights, a statewide franchise and federal protections under the Telecommunications Act. Ernst told the Board the denial was based on neighbors’ objections and asserted that "resident dislike of an installation is not an adequate basis under the Federal Telecommunications Act" for denial.
Appellant Jeff Cooper, who had sought the original revocation, told the Board he believed the court decisions and record did not demonstrate vested rights at the site and emphasized the neighborhood context, saying the installation was on a quiet, protected residential street rather than the commercial setting represented by other cases the company relied on.
John Kuang of the Department of Public Works said the city retains oversight and that certain placements of wireless facilities — for example in historic neighborhoods or where visibility is an issue — require planning review. The Board’s discussion focused on whether the rehearing request raised new, material legal issues; by the time of the vote the majority concluded it did not.
Vice President Frank Fung moved to deny the rehearing request. On that motion the Board recorded a 4–0 vote to deny; the clerk was instructed to release a notice of decision and order.
The permit at issue was identified in the hearing record as permit number 11WR0002; the permit holder was described as NextG Networks of California Inc., now Crown Castle NG West Inc. The Board’s action leaves the prior revocation in place and starts the process for issuing the formal written decision.
The Board’s minutes record that Deputy City Attorney Robert Bridal was available to advise the Board and that staff would release the formal notice of decision.
