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3 development of his property, this lack of notice violated his due process rights.1 Mr. Russo appreciates the opportunity to now bring these problems to the City Council’s attention. II. The telecommunications service provider is AT&T, not FirstNet. The first page of the Project Narrative describes the facility as a “FirstNet/AT&T/Public Safety Facility/wireless tower.” However, the application afterward only discusses the First/Net aspect without sufficiently explaining what it is. FirstNet is a subscription plan that AT&T offers to individuals associated with emergency services. This service is built off of AT&T’s towers and utilizes AT&T’s other towers. As a result, lack of a “FirstNet” tower in this area is not indicative of lack of service for FirstNet subscribers. Mr. Ross in his report offers further detail on of FirstNet. AT&T seems to attempt to obscure that most of the antennas on the tower have nothing to do with FirstNet and are regular “AT&T LTE-5G commercial facilities.”2 FirstNet utilizes what is known as Band 14, which is a portion of the 700 MHz spectrum.3 According to the Antenna Inventory on in the Waterford EME Report, AT&T proposed to add more antennas for bands other than the 700MHz used by FirstNet (i.e., 850 MHz, 1900 MHz, 2100 MHz, 2300 MHz, 3500 MHz and 3700 MHz), than FirstNet-specific bands. 1 See Horn v. County of Ventura (1979) 24 Cal.3d 605, 614; GTE Mobilenet of Cal. v. Berkeley, Case No. 20-cv-05460-DMR, fn. 17 (N.D. Cal., March 27, 2023) (recognizing applicability of Horn to cell towers when they are nearby and impact the neighbor); California Land Use Practice (Cal. CEB 2024) §4.33. 2 Application Attachment C, p. 1. 3 https://www.digi.com/blog/post/what-is-firstnet-band-14. Att B - Page 23 of 46