April 17, 2002—BOMA International is stepping up efforts in Texas and Missouri to fight forced access—the ability of telecommunications firms to access commercial buildings without permission from the owners or “just compensation.”
Texas BOMA and BOMA International filed suit earlier this year to overturn forced access regulations and law in Texas. This case, Texas Building Owners and Managers Association Inc., et al. v. Public Utility Commission of Texas, et al., originated when Time Warner Telecom sought to place its equipment inside the Geoquest Center in Houston, Texas. Although many points are raised, BOMA prominently notes the law’s violation of the “taking without just compensation” clause of the US Constitution’s Fifth Amendment. Said BOMA in a recent report, “As a tangible sign of the importance of the case to the telecommunications industry, MCI has intervened in the case on the side of Time Warner. This case is cause for serious concern to all BOMA members regardless of whether your company earns a return on space leased to telecommunications companies to service your tenants. All parties recognize this is a precedent setting case that will have an impact far beyond the borders of Texas, and far beyond the scope of the types of services that Time Warner seeks to provide. The real estate industry must be fully prepared to support private property rights to the end, which may well be the United States Supreme Court.”
In Missouri, BOMA is fighting forced access legislation—SB 1110 and HB 1500—that would mandate access to office and apartment buildings for telephone operators, Internet providers, and cable operators. If this legislation is passed, says BOMA, more than seven hundred companies could have access to private properties.
BOMA members with property in Missouri are urged to write letters to their legislators voicing opposition to the bills. A model letter may be found on BOMA St. Louis’ Web site.
Based on a report from BOMA International
