New Cingular Wireless PCS, LLC, dba AT&T Mobility (“AT&T”), filed an application for a land use permit to establish a new wireless telecommunication facility at 5707 Highland Road, San Ramon CA 94583 (County File CDLP22-02051). The wireless telecommunication facility land use permit was filed September 1, 2022. On November 18, 2009, the Federal Communications Commission (the “FCC”) released a Declaratory Ruling clarifying Section 332(c)(7) of the Communications Act. The Ruling permits a wireless service provider whose application has been pending for a period of 90 days for collocation applications, and 150 days for all other applications, to seek judicial review within 30 days on the basis that a state or local permitting authority failed to act on the application within “a reasonable time.” The Ruling further permits the period for review of an application to be extended by mutual consent. The Department of Conservation and Development and the applicant have agreed that additional time is necessary to complete the environmental review for the project and to act on the project at a public hearing before the Zoning Administrator and, potentially, the County Planning commission. Thus, the subject tolling agreement would extend the time to act on the application to November 28, 2023.

If the tolling agreement is not approved, the Federal Communications Commission "shot clock" requirements would require the County to act prescribed by the FCC.