Section 7901 provides that telephone corporations may construct lines and install equipment along public roads in ways and locations that do not “incommode the public use of the road.” The plaintiffs argued this language meant that cities could only regulate telephone lines to the extent they might obstruct the path of travel. The plaintiffs in the case, T-Mobile and other telecommunications companies, sued to invalidate San Francisco’s ordinance, arguing that it was preempted by one section of the California Public Utilities Code (section 7901) and in violation of another (section 7901.1).
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