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�� i� TELECOM LAW from page 1.......... EMINENT DOMAIN from page 1...... Joe L. Barton, R-Texas, chairman of the House Sen. Tom McClintock, Orange County Super- Energy and Commerce Committee, had been visor Chris Norby, and Jon Coupal, President of hoping a subcommittee of his panel would mark up the Howard Jarvis Taxpayers Association, sub- draft telecommunications legislation next week. But mitted finro measures last week, one of which is the chairman agreed Thursday to postpone that also sponsored by Assemblymember poug plan, aides to committee members said, because LaMalfa. Athird was filed this week signed by both Republicans and Democrats on the panel Douglas Adams McNea and Karin Annette said they needed more negotiating time. Hipona. McNea is a Republican candidate for the 16th Congressional District. Hipona is a trustee Barton has said he wants to enact legislation with the Jefferson Union High School District in sooner rather than later that would update the San Mateo County. Telecommunications Act of 1996 (PL 104-104) and set new rules for Internet-based video and voice The common thread in these measures is services. that they are attempting to capitalize on the issue raised in the U.S. Supreme Court case, Kelo v. But winning consensus among industry stake- Town of New London, to make broad, sweeping holders has been challenging. A draft bill, intro- changes in property rights law that would favor duced in September, ran into substantial opposition landowners over public investment. from regional Bell phone companies which thought it would not provide enough regulatory relief. A • Homeowners and Private Property second draft measure, released last month, ad- Protection Act of 2006. The flrst of the dressed the Bells' concerns, but flopped with McClintock/Norby/Coupal measures, this initiative Democrats, forcing the chairman to push back his would make sweeping changes to the calculation time line further. of just compensation. It defines the terms "taken" and "damaged" to include any action that reduces The Senate Commerce, Science and Trans- the use of property in whole or in part and would portation Committee also plans to take up telecom- requi�e compensation for these actions. It also munications legislation early next year. Chairman includes a prohibition regulating resale and rental Ted Stevens, R-Alaska, has scheduled a series of programs that would effectively transform most hearings on telecommunications issues for after inclusionary housing programs into compensable the holiday recess and also is said to be working takings. Additionally, it includes a limited reacqui- on a draft bill. sition right and requires attorneys' fees when a court or jury awards a value that is higher than Barton's panel is farther along and key mem- the original offer. bers of his committee plan to meet next week to try to make headway on their legislation. Among those . Califomia Property Owner Protection participating in the committee's informal talks are Act. The second McClintock/Norby/Coupal Barton; Vice Chairman Charles W. "Chip" measure focuses more on the means of com- Pickering Jr., R-Miss.; ranking Democrat John D. pensation, providing that condemnation for Dingell of Michigan; Fred Upton, R-Mich., chairman economic development must be conditioned on of the subcommittee on Telecommunications and the owner's permission. The measure also goes the Internet; and Edward J. Markey of Massachu- beyond that, by applying additional conditions to setts, the subcommittee's ranking Democrat. � eminent domain actions. It includes provi- sions for an owner's perpetual right of reacquisi- "This is the beginning of a conversation at the tion, requiring attomeys' fees when the agency's member level, where we can explain our positions, original offer is lower than a court award, and understand each other's goals for the bill and duly makes these changes retroactive to June 23, consider what consequences different proposals 2005, (the date of the Ke/o decision). Continued on Page 5 Continued on Page 6 Visit the League's Official Website--www.cacities.org PRIORITY FOCUS - PAGE 3 December 9, 2005 - Issue #47