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(6) The Federal Communications Commission (FCC) has, in August 2018, interpreted the federal preemption to generally prohibit local express moratoria and de facto moratoria on wired and wireless telecommunications equipment, as such rules effectively suspend the review and approval of permits and applications. Prohibited moratoria include local statutes, regulations, or other written legal requirements that expressly or effectively prevent or suspend the acceptance, processing, or approval 'of applications or permits necessary for deploying telecommunications services and/or facilities. (7) Similarly, section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations, which have been judicially determined to include wireless telecommunications companies, to construct their facilities and lines along and upon any public road or highway; and to erect poles, ancillary equipment, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters, (8) On the other hand, section 79:01.1 of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which, roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner and may involve the imposition of fees. (9) The recent FCC Order dated September 26, 2018, further interprets provisions of the Telecommunications Act of 1996 to restate the preemption that local governments cannot enact ordinances and regulations that `.`prohibit" or "effectively prohibit" the provision of telecommunication services. Consistent with this interpretation, the Order further provides that all local jurisdictions must comply with various restrictions on the exercise of local aesthetic, zoning, public works, and fee restrictions when dealing with wireless installation siting applications. The Order became effective on January 14, 2019, and the FCC further stated that it expects local governments to be able to implement design, aesthetics, and other development regulations that are compliant with the Order by April 15, 2019. (10) Pursuant to FCC regulations, the Town cannot adopt a moratorium ordinance to toll the time period for review for certain type of facilities, even when needed to allow the Town to maintain the status quo while it reviews and revises its policies for compliance with changes in state or federal law. The Town is in immediate need of clear regulations for wireless installations in the public right-of-way given the number of anticipated applications and legal timelines upon which the Town must act. (11) The public right-of-way in the Town is a uniquely valuable public resource, closely linked with the Town's natural beauty including the hills and views of the Bay, and significant residential communities. The reasonably regulated and orderly deployment of wireless telecommunications facilities in the public right--of-way is desirable, and .unregulated or disorderly deployment represents an ever-increasing and true threat to the health, welfare and safety of the community. (12) The regulations of wireless installations in the public right-of-way are necessary to protect and preserve the aesthetics in the community, as well as the values of properties within the Ordinance 581 Page 2