S.F. can keep ugly antennas out of town, court says

San Francisco can prevent telecommunications companies from installing wireless antennas on utility poles that are so unsightly they would “diminish the city’s beauty,” a state appeals court says.

A city ordinance regulating where antennas can be installed was challenged by wireless providers led by T-Mobile West, which said it conflicted with a state law allowing telecoms to install roadside equipment that does not “incommode the public use” of the roads. The wireless companies argued that “incommode” meant blocking access and that because their antennas did not do that, the city had no right to ban them.

But the First District Court of Appeal in San Francisco said “incommode” has a broader meaning than just blocking access, leaving local governments free to prohibit installations that could disturb or discomfort the public.

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

San Francisco requires telecoms to obtain a city permit before installing large antennas and related equipment on their roadside poles. A January 2011 ordinance included statements by the Board of Supervisors that “San Francisco is widely recognized to be one of the world’s most beautiful cities,” that the city’s beauty attracts tourists and businesses, and that regulation would prevent installations whose appearance or location “will diminish the city’s beauty.”

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

The ruling upheld a decision by Superior Court Judge James McBride, who rejected the companies’ arguments after a nonjury trial in 2014. At the time, the city had received nearly 200 applications for permits under the ordinance 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.

“This ordinance is working, creating an environment where wireless companies and the city have to work together to preserve the aesthetics of the city that we all value,” Bernstein said.

The companies’ lawyer did not respond to a request for comment. They could ask the state Supreme Court to review the ruling. Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@ sfchronicle.com Twitter: @egelko