T-Mobile is suing the City of San Francisco alleging that it did not process applications to modify wireless sites within the timetable set up the under the FCC’s shot clock.
T-Mobile submitted 27 applications for “minor modifications” to wireless facilities via the City’s electronic planning review process to obtain approval between June 24, 2020 and August 14, 2020, and the City had not acted on the applications by late October 2020, according to the wireless carrier’s complaint. Eleven applications have been acted upon, albeit belatedly, and the wireless carrier is seeking “deemed granted” status for the 16 applications that are still outstanding.
“T-Mobile has encountered significant delays by the City. Under Section 6409(a) of the Spectrum Act, the City must act on T-Mobile’s modification applications within 60 days,” according the complaint. “The City also had not notified T-Mobile that any of those applications were incomplete.”
In June 2020, the clarified that the 60-day “shot clock” begins to run “when an applicant takes the first procedural step in a locality’s application process and submits written documentation showing that proposed modification is an eligible facilities request,” according to the complaint.