CITY OF HUNTINGTON BEACH v. PUBLIC UTILITIES COM.

No. G044796.

214 Cal.App.4th 566 (2013)

154 Cal. Rptr. 3d 241

CITY OF HUNTINGTON BEACH, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; CROWN CASTLE NG WEST, INC., Real Party in Interest.

Court of Appeals of California, Fourth District, Division Three.

March 14, 2013.


Attorney(s) appearing for the Case

Jennifer McGrath , City Attorney, and Scott F. Field , Assistant City Attorney, for Petitioner.

Frank R. Lindh , Helen W. Yee , Dale Holzschuh and Hien C. Vo Winter for Respondent.

Davis Wright Tremaine , T. Scott Thompson , Daniel P. Reing , Martin L. Fineman and Suzanne K. Toller for Real Party in Interest.


OPINION

IKOLA, J.

Public Utilities Code section 79011 grants "telephone corporations" the privilege to construct infrastructure upon public rights-of-way, subject to a municipality's "right to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed" (§ 7901.1, subd. (a)). In the proceeding under review, the Public Utilities Commission (commission...

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