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BOMA Groups Challenge Texas Telecom Access Law

AUSTIN-A Texas-size storm is brewing over the state's access law. Texas BOMA and BOMA International claim it amounts to an illegal taking of property. Time Warner Telecom's bid to access to Houston's GeoQuest Center is at the controversy's center.

By Tim Green | Updated on January 17, 2002

AUSTIN-Texas will be the constitutional battleground over Texas’ so-called “forced access” law that requires building owners to allow telecommunications carriers into their buildings.

The Texas BOMA and BOMA International are challenging the law in Travis County district court in a suit against the administering entity, the Texas Public Utility Commission. The groups say it amounts to an illegal taking of property, which is prohibited by the Fifth Amendment to the US Constitution. Other plaintiffs are Tanglewood Property Management Group, which manages the building; Emissary Group, a telecommunications consulting company; and San Felipe 5599 Ltd., the building’s owner.

While the suit was filed against the PUC, the other target is Time Warner Telecom of Texas. It filed the first complaint with the PUC under the law, seeking access to Houston’s GeoQuest Center building at 5599 San Felipe Blvd., which has 10 other telecom providers.

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