AT&T Sues Albany Over Proposed Cell Phone Antennas on Solano Ave.

Published Sept. 3, 2013, 12:34 p.m.; updated Sept. 4, 3:09 p.m.

AT&T has sued the City of Albany in federal court, alleging an "unreasonable delay" in taking action on the company's application to install cell phone antennas on top of Sunny Side Cafe on Solano Avenue.

The suit, filed Aug. 27, in U.S. District Court for Northern California, says the city has violated requirements to take action "within a reasonable period of time" established by the Telecommunications Act of 1996 and a subsequent Federal Communications Communication ruling setting a 150-day "shot clock."

The suit asks the court to order the city to grant the AT&T application "forthwith."

The City Council is scheduled to review the AT&T application tonight, Sept. 3, and the staff report prepared for the meeting acknowledged that AT&T was expected to file suit alleging delay.

"It should be noted that the City has made every effort to process this application expeditiously," the staff report said.

The report also said that AT&T would likely dismiss the case if the council agrees to allow the antennas to be installed. The antennas were approved by the city's Planning & Zoning Commission in June, and the approval is now before the council for a public hearing and council review at the request for review from City Councilwoman Marge Atkinson.

The AT&T application was filed with the city on Nov. 30, the suit says. The "shot clock" did not run continuously, however. It was paused, for example, after the city determined that the initial application was incomplete and restarted once AT&T submitted further materials.

It is the second time that AT&T has sued the city over its efforts to install cell phone antennas in Albany. It previously sued over its first application for antennas in the city, on a San Pablo Avenue office building, a suit that cost the city $51,000 according to the city staff report. Those antennas won approval earlier this year.

For more details about the application for the Sunny Side Cafe, see the Patch article, "Council to Review OK of AT&T Antennas on Solano Cafe."

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