Court to hear appeal in case pitting antennas against aesthetics

The state Supreme Court agreed Wednesday to decide whether San Francisco, in the interest of aesthetics, can prevent telephone companies from installing wireless antennas on utility poles.

A city ordinance regulating where antennas can be installed was upheld in September by a state appeals court, which said local governments in California have the authority to prohibit installations that could disturb or discomfort the public, for reasons that include their appearance.

But the state’s high court voted unanimously Wednesday to grant review of an appeal by telecommunications companies, which argued that the ordinance conflicts with state law. The ordinance will remain in effect until the court holds a hearing and rules on the issue.

Since 2011, San Francisco has required telecoms to obtain a city permit before installing large antennas and related equipment on roadside poles.

The Board of Supervisors declared in passing the ordinance that “San Francisco is widely recognized to be one of the world’s most beautiful cities” and that regulation would prevent installations whose appearance or location would “diminish the city’s beauty.”

The ordinance does not apply to utilities like Pacific Gas and Electric Co. or to video providers like Comcast.

As of 2014, when the companies challenged the ordinance, the city had received nearly 200 applications for permits and had denied only three, said Deputy City Attorney Erin Bernstein. She said the companies had generally gone along with regulators’ criteria for installations that suited their surroundings, especially in scenic and historic areas.

But wireless providers, led by T-Mobile West, argued that San Francisco was exceeding the authority provided by California law, which allows telecoms to install roadside equipment as long as it does not “incommode the public use” of the roads.

The companies contended that “incommode” meant blocking access and didn’t allow a city to decide whether an antenna was too unsightly to display. The First District Court of Appeal in San Francisco took a different view in its Sept. 15 ruling in the city’s favor.

“Public use of the right of way is not limited to travel,” Justice Terence Bruiniers said in the 3-0 ruling. He said cities in California have “the power to adopt ordinances for aesthetic reasons.”

The case is T-Mobile West vs. San Francisco, S238001.

Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicle.com Twitter: @egelko