SFPD Memo Wireless Facilities and Towers - School Facility (CA Dept of Education) 12/10/10 1:24 PM

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December 1998

To: County and District Superintendents

From: Duwayne Brooks, Director, School Facilities Planning Division

Subject: Wireless (Cellular) Facilities and Towers on School Sites

This memo expands, clarifies and replaces the May 19, 1997, memo regarding procedures and applicable laws to be followed when wireless
facilities and towers are being considered for placement on school sites. It contains revisions made to the 1996 Education Code and lists the new
citations, with the former corresponding citations in parentheses. This memo also clarifies language in reference to the California Environmental
Quality Act (CEQA).

The decision regarding the installation of wireless or cellular facilities and towers on any school site is best left to school district governing boards.
The Department of Education strongly suggests that districts recognize that since such facilities are non-educational elements, they are subject to
all local codes and ordinances as if they were being installed on private property. Leasing or allowing other agencies to use school property
should not be done without legal advice.

The issues discussed below are those that should be reviewed prior to allowing the installation of any non-educational facilities on school sites.

The following selected Education Code sections pertain to school district responsibilities in executing agreements for the use of school property.
In 1996, the sections referenced herein were renumbered and reorganized. This reorganization was effective Jan. 1, 1998.

Education Code sections 17387 (formally numbered Section 39295) through 17391 (formally numbered Section 39299) provide for the set-up of
advisory committees to insure there is community involvement in decisions regarding the use of excess school property.

Education Code sections 17455 (formally numbered section 39360) through 17499 (formally numbered section 39675) describe procedures for
the sale or lease of public school property not needed for educational purposes. Call Brian Breaks 916-445-3156, California Department of
General Services, Office of Public School Construction for information on recent legislation SB 50 (Greene) Chapter 407, 1998, if you have
questions on how SB 50 will impact your site. Education Code Section 17604 (formally numbered Section 39656) describes procedures for
delegation of powers to agents and their liability. On-site personnel may not make agreements with outside companies or agencies without
written authorization by the governing body of the school district.

Health and safety issues also are of concern to the community because of public perception of health problems. California Public Utilities
Commission Decision 95-11-017 states that current research on cellular facilities makes it difficult to conclude that a health and safety problem
exists; however it is also unclear that health and safety problems do not exist. The following are quotes from 1995 Cal. PUC LEXIS 842, 11: 62
CPUC 2d 227: 165 P.U.R. 4th 403, Page 6.

"11. Scientific studies have not indicated any obvious relationship between prolonged lower - level [Radio Frequency] radiation exposure with
increased mortality or morbidity, including cancer.

12. [The Public Utilities Commission's Advisory and Compliance Division] has volunteered to be a storehouse of the latest cellular EMF and RF
radiation developments and to convene periodic workshops upon the receipt of significant cellular [electro-magnetic fields] and RF radiation
information.

Note: CACD was reorganized recently and is now referred to as the Telecommunications Division.

13. Public perception about potential health problems will continue to exist as long as there remain unanswered and unexplored questions in the
scientific community on the EMF and RF radiation issue.

14. Cellular utilities have a responsibility to furnish and maintain facilities as necessary to promote the health and safety of their patrons,
employees, and the public."

The utility has limited rights, and building on school district property does not exempt it from community planning or other ordinances. Regarding
cell sites on school property, school governing boards must follow local planning ordinances and zoning requirements. Approval from local
building and planning departments may be necessary. Check local requirements with your local building and planning departments.

Government Code Section 53094 restricts a local school district governing board's authority to render a city or county ordinance inapplicable to

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SFPD Memo Wireless Facilities and Towers - School Facility (CA Dept of Education) 12/10/10 1:24 PM

use of school district property, if the proposed use of property is for non-classroom facilities.

Public Utilities Code Section 234 includes in its definition of a telephone corporation every corporation or person owning, controlling, operating, or
managing any telephone line for compensation within the state." In addition, Section 616 of the Public Utilities Code establishes that a telephone
corporation may condemn any property necessary for the construction and maintenance of its telephone line. However, school property cannot be
condemned without complying with specified procedural requirements such as conducting a public hearing. See Code of Civil Procedures, Section
12300.010 et. seq.

School districts should be aware that the provisions of the California Environmental Quality Act (CEQA), Public Resource Code Section 21000 et.
seq. must be complied with whenever a discretionary permit is required to construct wireless towers or facilities. The lead agency (usually the
school district) must determine whether the project will have an impact on the environment, which cannot be mitigated below a level of
significance. If that is the case, a full Environmental Impact Report (EIR) must be prepared. If all significant impacts of the project can be
mitigated, the lead agency may issue a Negative Declaration and forego a full scale EIR. If the wireless antenna, tower, and other facilities are
permitted uses under local zoning laws, as is the case in certain industrial or commercial areas, it is possible that no discretionary permit may be
required. However, industrial or commercial zones are not the usual zoning for school property, and the zoning must be verified with local
planning agencies for each school site. Implementation of the Public Resource Code is complex and should not be undertaken without legal
advice considering all paragraphs under CEQA.

Structures 35 feet or taller erected on school sites require approval of the State Architect. See Education Code Section 17368. Also, engineering
approval may be needed if parabolic discs are mounted or braced on existing structures such as light poles or buildings. Such additions to
existing structures can induce additional wind and seismic loading and become a threat to public safety.

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The information in this memo is not binding on local educational agencies or other entities. Except for the statutes, regulations, or
court decisions that are referenced herein, the memo is exemplary and compliance with it is not mandatory (See Education Code
Section 33308.5).
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