December 8, 2006
Issue #47-2006
WANT MORE DETAILS
ON BILLS?
Visit the League of
California Cities
website at
www.cacities.org/
billsearch.
KEEPING UP: MURRAY BROWN (1923-2006), FORMER WESTERN CITY EDITOR
CALL FOR MAYORS AND COUNCIL MEMBERS SESSION IDEAS
MAYORS AND COUNCIL MEMBERS ACADEMY IN JANUARY
NUÑEZ APPOINTS STATE ASSEMBLY COMMITTEE CHAIRS
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??????????????????????? ???????????????
Page 2
The 2007 California legislative session began on December 4, mostly for
swearing in ceremonies and organizational purposes. There are 46 new
legislators and 26 of them come with a local government background.
For more, see Page 5.
2007 CALIFORNIA STATE LEGISLATURE CONVENES
The U.S. Government Accountability Office (GAO) has released a report
on the use of eminent domain throughout the United States. The report was
mandated by the Transportation, Treasury, Housing and Urban Development,
Appropriations Act of 2006, which required GAO to conduct the nationwide
study. For more, see Page 4.
GAO REPORT ON USE OF EMINENT DOMAIN RELEASED
The League of California Cities has compiled and published a comprehen-
sive chart detailing the potential funding for local governments from Proposi-
tion 1C, Housing and Emergency Shelter Trust Fund Act of 2006.
The chart details the types of funding available, its purpose, and the lead
agency that will handle the disbursement of the funds. To view the chart, visit
www.cacities.org/hced, and click on “Proposition 1C: Potential Funds for
Local Government.”
PROPOSITION 1C: POTENTIAL FUNDS
FOR LOCAL GOVERNMENT
Page 3Visit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS
December 8, 2006 - Issue #47
Murray Brown,
former editor of West-
ern City, the League of
California Cities’
monthly magazine,
passed away on No-
vember 17. He was 83.
In addition to guiding
Western City magazine
in the 1970s, Brown is
considered the founding father of the California
Association of Public Information Officials
(CAPIO) and served as the statewide professional
public affairs organization’s first executive director.
CAPIO’s 300 members make it one of the largest
professional public affairs associations in the
United States.
A memorial is scheduled for December 17 at
the Valley Cities Jewish Community Center
located at 13164 Burbank Blvd. in Sherman Oaks.
The memorial will be held from 3 p.m. to 6 p.m. In
lieu of flowers, the family requests that contribu-
tions be made to the Alzheimer’s Association,
5900 Wilshire Blvd., Suite 1100, Los
Angeles, CA 90036.
The League extends its condolences to the
Brown family for their loss.
KEEPING UP: MURRAY BROWN (1923-
2006), FORMER WESTERN CITY EDITOR
Here’s an exciting opportunity to share your
ideas, knowledge and expertise with city elected
officials! The Executive Forum planners are
seeking proposals for timely topics related to
housing, telecommunications, redevelopment,
transportation, homeland security, eminent do-
main, ethics, water quality and supply, infrastruc-
ture, and any other topics of interest to elected
officials. All session ideas are welcome.
The 2007 Executive Forum will be held at the
Monterey Conference Center in Monterey, July 25-
27, 2007.
Suggested Topic Categories:
• What is new and critical for the future of
cities?
• What topic will draw a wide audience?
• Will this issue stimulate action and further
important discussion?
• Sessions may not include sales or product
promotion of any kind.
Please use the form at the end of this edition of
Priority Focus to submit your ideas. An electronic
version is also available on the League website.
Executive Forum proposals should be
e-mailed or faxed by 5 p.m. on Friday, December
15, to Paul Flint at (916) 658-8220 or
pflint@cacities.org.
CALL FOR MAYORS AND COUNCIL
MEMBERS SESSION IDEAS
Don’t miss this opportunity to get the League’s most useful reference tool. This
comprehensive California directory provides important contact information for mayors, council
members and city department heads. The directory also features the League’s staff directory,
League partners, affiliate organizations and a wide variety of advertisers.
INFORMATION YOU NEED, RIGHT AT YOUR FINGERTIPS!
Purchase this publication online at www.cacities.org/store or call (916) 658-8257 for an order
form. City officials price $30, non-city officials price $65, plus shipping & handling.
2006 CITY HALL DIRECTORY!PRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org
December 8, 2006 - Issue #47
Have you just been elected? Would you like to
get a jump start on your career as a city elected
official? Or maybe you are a seasoned veteran
wanting an update on the latest laws and other
issues facing cities and want to hone your knowl-
edge and skills? Then attend the Mayors and
Council Members Academy Leadership Institute on
January 10-12, 2007, at the Hyatt Regency in
Sacramento.
Topics of interest include:
• The Value of Basics – 10 Rules for New
Council Members
• Your Legal Powers and Obligations
• Effective Advocacy
• Land Use Planning
• How to Build and Maintain the Public’s
Trust (fulfills AB 1234)
• Your Financial Responsibilities
• Dealing with the Media
• How to Conduct an Effective and
Respectful Council Meeting
Those successfully completing the Institute will
graduate from the first level of the Mayors and
Council Members Academy. Many newly elected
officials have found this program essential for
success in office.
The full conference registration fee is $510.
Those registering online by December 15
will
receive a $20 CityBooks coupon. To register and
to view the program, visit www.cacities.org/events.
MAYORS AND COUNCIL MEMBERS
ACADEMY IN JANUARY
California Assembly Speaker Fabian Nuñez
has appointed the chairs for all Assembly commit-
tees for the 2007-2008 legislative session. The
following is a list of those appointed chairs:
• Aging and Long-Term Care –
Assemblymember Patty Berg
• Agriculture – Assemblymember Nicole
Parra
• Appropriations – Assemblymember Mark
Leno
• Arts, Entertainment, Sports, Tourism
and Internet Media – Assemblymember
Betty Karnette
• Banking and Finance –
Assemblymember Ted W. Lieu
• Budget – Assemblymember John Laird
• Subcommittee No. 1 on Health and
Human Services – Assemblymember
Patty Berg
• Subcommittee No. 2 on Education
Finance – Assemblymember Julia
Brownley
• Subcommittee No. 3 on Resources –
Assemblymember Ira Ruskin
• Subcommittee No. 4 on State
Administration – Assemblymember
Juan Arambula
• Subcommittee No. 5 on Information
Technology/Transportation –
Assemblymember Mike Feuer
• Business and Professions –
Assemblymember Mike Eng
• Education – Assemblymember Gene
Mullin
• Elections and Redistricting –
Assemblymember Curren Price
• Environmental Safety and Toxic
Materials – Assemblymember Jared
Huffman
• Governmental Organization –
Assemblymember Alberto Torrico
• Health – Assemblymember Mervyn
Dymally
Continued on Page 4
NUÑEZ APPOINTS STATE
ASSEMBLY COMMITTEE CHAIRS
Restore and protect local control for cities
through education and advocacy to enhance
the quality of life for all Californians.
Our MissionVisit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS
December 8, 2006 - Issue #47
• Higher Education – Assemblymember
Anthony Portantino
• Housing and Community Development
– Assemblymember Lori Saldana
• Human Services – Assemblymember Jim
Beall
• Insurance – Assemblymember Joe Coto
• Jobs, Economic Development and the
Economy – Assemblymember Juan
Arambula
• Judiciary – Assemblymember Dave
Jones
• Labor and Employment –
Assemblymember Sandré Swanson
• Local Government – Assemblymember
Anna Caballero
• Natural Resources – Assemblymember
Loni Hancock
• Public Employees, Retirement and
Social Security – Assemblymember Ed
Hernandez
• Public Safety – Assemblymember Jose
Solorio
• Revenue and Taxation –
Assemblymember Chuck Calderon
• Rules – Assemblymember Hector De La
Torre
• Transportation – Assemblymember
Pedro Nava
• Utilities and Commerce –
Assemblymember Lloyd Levine
• Veterans Affairs – Assemblymember Mary
Salas
• Water, Parks and Wildlife –
Assemblymember Lois Wolk
? ? ? ?????????? ASSEMBLY from page 3 GAO from page 1
? ? ? ???????????????
GAO concluded that there is insufficient
national and state data to make any assessments
on the use of eminent domain and its impact on
individuals and communities. In their conclusion,
the analysts note that compensation and public
hearings are two areas of concern that might
warrant further attention.
GAO interviewed numerous national organiza-
tions and property rights groups as well as indi-
viduals and city and state organizations and
agencies. Their research included reviewing
blight definitions in California and 9 other states
and interviewing officials at 10 state departments
of transportation regarding their land acquisition
processes. GAO conducted site visits in five
cities: Los Angeles; Chicago, Ill.; New York City,
N.Y .; Baltimore, Md.; and Denver, Colo.
Throughout the report, GAO presents the
differing perspectives and experiences on this
issue. However, they did find agreement on a few
points: “Regardless of their stance in the debate
on eminent domain, government officials and
property rights groups we interviewed identified a
few concerns related to the procedures on invok-
ing eminent domain, including the adequacy of
compensation amounts and the timeliness of
notification about public hearings.” For example,
several government officials shared a concern
that the cap on “business re-establishment
assistance” is too low.
It is not clear what more will be done with the
report. Federal eminent domain legislation ap-
pears to be dead for the remainder of the current
Congress. The new Congress will convene on
January 3.
To view the report, visit www.gao.gov, and
click on “Reports and Testimony.”PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org
December 8, 2006 - Issue #47
The Assembly committee chairs were an-
nounced this week. Announcement of the Senate
committee chairs is not expected until next week.
Of note for city officials are the following Assembly
committee chairs:
• Appropriations: Mark Leno (D-San
Francisco)
• Budget: John Laird (D-Santa Cruz)
• Budget Subcommittee #4: Juan Arambula
(D-Fresno)
• Environmental Safety & Toxic Materials:
Jared Huffman (D-San Rafael)
• Housing & Community Development: Lori
Saldana (D-San Diego)
• Judiciary: Dave Jones (D-Sacramento)
• Local Government: Anna Caballero (D-
Salinas)
For a complete list of Assembly Committee
chairs, see “Nuñez Appoints State Assembly
Committee Chairs,” on page 3.
Assembly members Jared Huffman and Anna
Caballero are new members of the Legislature.
Caballero served on the Salinas City Council and
has served as Mayor since 1998. Huffman was an
attorney for the Natural Resources Defense
Council and president of the Marin Municipal
Water District Board of Directors.
A top priority on the Legislature’s 2007 agenda
will be implementing legislation for the infrastruc-
ture bond package passed by the voters last
month. All bond monies have to be appropriated by
the Legislature, which is not a given for some of
the bonds. The Legislature will be constrained by
restrictions on the state’s debt service (it can not
exceed 6 percent of revenue) and by a two-thirds
approval requirement on appropriations bills
Eminent Domain Measures Filed
On the first day of the 2007 Legislative ses-
sion, Sen. Tom McClintock filed SCA 1, “The
Homeowners and Private Property Protection Act,”
and Assemblymember Mimi Walters filed ACA 2,
also relating to eminent domain. While the two
measures are different, both would eliminate the
use of eminent domain for redevelopment pur-
poses if the property acquired will be privately
owned. Neither measure deals with regulatory
takings.
On November 21, the Howard Jarvis Taxpay-
ers Association filed a voter initiative called the
“California Property Owners Protection Act,” with
the Attorney General for title and summary. It is
similar to the measure that was filed for the last
election but never circulated for signatures. It
contains regulatory takings features as well as
eminent domain provisions.
In the meantime, the League is working with its
partners from the Prop. 90 campaign to develop
reasonable eminent domain reform proposals to
be considered by the Legislature in 2007.
?????????????????????????? ????????????????? LEGISLATURE from page 1
Are you interested in helping out cities
on a short-term basis?
Cities, counties and special districts
are turning to Public Service Skills, Inc.
(PSS) for assistance from retired profes-
sionals with years of service with public
agencies. PSS can help agencies that
need support during a recruitment pro-
cess, while a department head is on
leave, or on special projects.
Sponsored by the League of California
Cities and the California State Association
of Counties, PSS can be an important
resource for temporary employment
needs. Check out our website at
www.pssinc.org or contact Debbie Kinsey
at (916) 658-8255.
Public Service Skills, Inc.
Experienced Professionals
Available
2007 EXECUTIVE FORUM
Call for Topic and Speaker Proposals
July 25-27, 2007 Monterey Conference Center
Deadline: 5 p.m. Friday, December 15, 2006 to Fax (916) 658-8220 or pflint@cacities.org
SESSION TITLE (Maximum of 10 words) ____________________________________________________________________________
________________________________________________________________________________________________________________________
SESSION DESCRIPTION (State “what will the audience learn?”)
_______________________________________________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
LEARNING METHODS (Creative ways to teach, learn and engage the audience)
Interactive Lecture Demonstration
Debate Other, describe ____________________________________________________________
Case Study
SUGGESTED SPEAKERS (Maximum of 2-3 experts in 90 minutes. Multiple speakers are optional.)
** Attach a 1 page biographical sketch for every suggested speaker/presenter.
1. NAME __________________________________________________________________
TITLE _____________________________________________________________________________________
Email ____________________________________________ Phone ( ) ___________________
Mailing Address ______________________________________________________________________________
2. NAME __________________________________________________________________
TITLE _____________________________________________________________________________________
Email ____________________________________________ Phone ( ) ___________________
Mailing Address ______________________________________________________________________________
3. NAME ___________________________________________________________________
TITLE _____________________________________________________________________________________
Email ____________________________________________ Phone ( ) ___________________
Mailing Address ______________________________________________________________________________
December 15, 2006
Issue #48-2006
WANT MORE DETAILS
ON BILLS?
Visit the League of
California Cities
website at
www.cacities.org/
billsearch.
KEEPING UP: DAN CURTIN (1933-2006)
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??????????????????????? ???????????????
Page 2
On December 8, Congress passed and the president signed into law, H.J.
Res 102 - a continuing resolution (CR), which will fund all federal programs
that were not enacted through annual appropriations bills by October 1, 2006
(the beginning of FY 2007). The effect of the resolution is to continue funding
for these programs at the FY 2006 level. For more, see Page 4.
FEDERAL UPDATE
Gov. Arnold Schwarzenegger, along with members of the California Con-
gressional Delegation, have sent letters to the Secretary of the Navy, request-
ing that the next Virginia class attack submarine be named the U.S.S. Califor-
nia. For more, see Page 3.
CALIFORNIA – ‘THE SUBMARINE?’
Governor, California Delegates, Call for Designation
Priority Focus will
not publish the next
two weeks. The
next issue of Priority
Focus will be avail-
able on January 5.
In the aftermath of Congress’ inaction last year in telecommunications
reform, the Federal Communications Commission (FCC) appears poised to
issue its own ruling in this area on December 20.
The FCC signaled its interest in this area in November 2005, when the
agency issued a notice of proposed rulemaking requesting comments on the
local cable franchising process and its applicability to new entrants—particularly
phone companies with facilities already in the public rights of way.
For more, see Page 5.
FEDERAL COMMUNICATIONS COMMISSION
TO VOTE ON CABLE FRANCHISINGVisit the League’s Official Website--www.cacities.org PAGE 2 - PRIORITY FOCUS
December 15, 2006 - Issue #48
The League of California Cities lost a true
friend last week with the passing of Dan Curtin.
Dan was the official “Dean” of planning and land
use in California (The University of
California, Irvine, actually bestowed this honorary
title on Dan in 1985). Indeed, it would be hard to
find a city attorney, planner, or land use profes-
sional who had not consulted one his publications
or attended one of his seminars.
Dan’s contributions to the field of land use and
planning law are innumerable. Dan was among
the first to specialize and define the practice area.
The binder that he prepared for the classes he
would teach in the 1970s became the basis for the
Curtin’s California Land Use and Planning Guide.
That book—which has been updated annually and
in its 26th edition—remains a “must-have” desk
reference because it so clearly lays out the sys-
tem that Dan personally developed for under-
standing and implementing land use law.
More than anyone, Dan shaped the general
plan as the center point for land use decision-
making. In Lesher Communications v. City of
Walnut Creek, the California Supreme Court
adopted Dan’s phrase that describes the general
plan as the “constitution for all future develop-
ment.” Several years later, in DeVita v. County of
Napa, the court accepted the notion of “vertical
consistency” that Dan had been teaching for
years: that all key development decisions must be
consistent with the general plan.
Dan also taught that cities and counties have
broad authority to promote the public welfare. He
brought this issue to life in memorable ways. For
example, when he discussed the seminal case of
Ewing v. City of Carmel-by-the-Sea (involving an
ordinance prohibiting short term residential rent-
als), he quoted the trial court judge to highlight the
point that courts should defer to local decisions:
“I think this is a terrible law, but I’m only a
lowly judge – I don’t have the policy-making
authority that the city council has.”
The take-home message to countless plan-
ning commissioners and council members was
clear: you have all the power you need to promote
your city’s vision if you’ll use it. (This is when he
would say, “It’s like Dorothy in the Wizard of Oz:
you had the power all along.”)
Dan’s career started in the California Legisla-
ture where he served as counsel for the Assembly
Committee on Local Government in 1959. He
then joined the city attorney community, serving
four years as the deputy city attorney for Rich-
mond (1961-1965) and 17 years as city attorney
for Walnut Creek (1965-1982). Dan was the
League’s City Attorney Department president in
1973 and served on the League’s board of direc-
tors. Dan also helped found and served on the
first legal advocacy committee, which has met
continuously ever since. In 1986, the League
officially recognized his years of service and
contributions to planning in California cities at its
annual conference.
KEEPING UP: DAN CURTIN (1933-2006)
Continued on Page 3PRIORITY FOCUS - PAGE 3 Visit the League’s Official Website--www.cacities.org
December 15, 2006 - Issue #48
When Dan joined the firm (now known as
Bingham McCutchen in 1983) he retained his
ability to see the local government’s perspective.
Ever the gentleman, he treated clients and adver-
saries alike with respect. He also continued to
elevate the professionalism and stature of the
municipal law by his extensive contributions to
educational seminars and publications. By this
time, his expertise and achievements were being
recognized nationwide. Dan received several
prestigious awards, including:
• The Jefferson Fordham Lifetime Achieve-
ment Award from the Section of State of Local
Government Law, American Bar Association, 2003
• The Charles S. Rhyne Award for Lifetime
Achievement in Municipal Law from National
Institute of Municipal Law Officers (now the Inter-
national Municipal Lawyers Association or IMLA),
September 1992
• The National Distinguished Leadership
Award - American Planning Association, 1988
Dan also traveled throughout the world —
including Albania, Hungary, Australia, Ireland and
China—providing expertise in land use law to the
international community, particularly to countries
struggling to transition into democracy. Through
the World Jurist Association, he promoted the rule
of law to the international community during the
association’s biennial international conferences.
He was also an active participant in the American
Bar Association’s Central and Eastern European
Law Initiative, set up to promote law reform in
emerging governments.
But Dan’s lasting professional legacy truly
rests with his peers who loved and respected him.
Dan was a mentor and a friend to two generations
of land use professionals. He reveled in mentoring
young attorneys and planners and making them
feel part of his circle. He would take an interest in
their careers and go out of his way to cite their
work. Dan made his numerous friends feel like
they were the most important person in his life. He
loved hosting dinners at conferences and hearing
CURTAIN from page 3
????????????????????????????????????????????? ? ? about everyone’s practices and his invitees
relished the heady conversations and the wisdom
he could share. His gracious, old-school style of
lawyering and living—always courteous, respect-
ful, and inquiring about family—will be enormously
missed.
The state of California is fortunate that Dan
Curtin was so generous with his talent and shared
his knowledge so freely. He trained countless
lawyers, planners, commissioners, and elected
officials. Many have asked, “who will replace
him?” The answer is that this responsibility falls
upon us all. He was a moral compass for the legal
and planning profession. And now we must make
our way without him.
Donations in the memory of Dan Curtin
may be sent to the Missionary Sisters of the
Eucharist, P.O. Box 88147, Houston, Texas,
77288, to assist in the education of the young
Mayan Indian Community. Donations may
also be sent to Maryknoll Fathers and Broth-
ers, P.O. Box 304, Maryknoll, N.Y., 10545-0304.
U.S.S. CALFORNIA from page 1
?????? ??????????????????
Currently there are two new Virginia-class
submarines, SSN-780 and SSN-781, which have
been ordered but not named. Today there is no
active vessel in the U.S. Navy named after the
state of California.
The most recent U.S.S. California (CGN-36)
was retired in 1971. The vessel was the lead ship
of its class of nuclear-powered guided missile
cruisers, and was known as the “Golden Grizzly”
in recognition of the grizzly bear on the California
State Flag.
Copies of the Governor’s letter and the
delegation’s letter are available at
www.cacities.org/federal.Visit the League’s Official Website--www.cacities.org PAGE 4 - PRIORITY FOCUS
December 15, 2006 - Issue #48
Defense and Homeland Security Appropria-
tions are not covered under the CR, as Congress
passed the FY 2007 spending bills shortly before
adjourning to campaign for the November 2006
elections. The CR will extend federal funding for
the remaining federal programs through February
15, 2007,
at the lowest of the House-passed or FY
2006 spending levels.
An exception is the Labor-HHS-Education
spending measure (H.R. 5647). Since the bill has
not passed in the House or the Senate, funding for
the programs covered by that bill will be left at the
FY 2006 level.
In an effort to expedite consideration of the
remaining FY 2007 appropriations bills, the incom-
ing House and Senate Democratic Leadership
recently announced their plan to pass a year-long
joint resolution early in the 110th Congress. The
resolution would enable Congress to fund at a
fixed level those Federal programs currently not
provided FY 2007 funding in the remaining 10
appropriations bills.
Incoming House and Senate Appropriations
Committee chairmen have indicated that they will
make “limited adjustments” to these programs, but
that the extended version would have none of the
earmarks contained in the remaining FY 2007
spending bills. The new Democrat-led Congress
hopes to conclude work on the FY 2007 measures
before the White House releases its FY 2008
budget proposal in early February 2007.
Water Projects Bill Awaits Action in Post-
Election Session
House and Senate conferees failed to reach
agreement on the long-awaited reauthorization of
the Water Resources Development Act (WRDA)
prior to adjourning the 109th Congress. The bill
would have authorized the Army Corps of Engi-
neers to undertake hundreds of navigation, flood
control, dredging and other water projects.
Conference discussions stalled over how
projects are reviewed and approved, and what
oversight should be imposed on the Corps.
Similar disagreements have stalled efforts to pass
a water projects authorization bill for several
years. No water projects authorization bill has
been enacted since 2000 (PL 106-541). The
House and Senate will now be tasked with devel-
oping new WRDA bills in the 110th Congress.
California Congressional Delegation
Leadership and Committee Changes
Over the past several weeks, incoming House
Democratic leaders have begun to organize
committee assignments for their membership for
the upcoming 110th Congress. The reorganiza-
tion places several Californians in key positions
on a variety of committees.
The House Education and the Workforce
Committee will remain under California leader-
ship, however current committee Chairman
Howard P. “Buck” McKeon (R-Santa Clarita) will
become the committee’s ranking member, while
the committee’s current ranking member George
Miller (D-Richmond) will take over as the
committee’s chairman. California Members will
also gain chairmanships on the House Govern-
ment Reform and International Relations commit-
tees, with Representatives Henry Waxman (D-
Los Angeles) and Tom Lantos (D-San Mateo)
chairing those committees respectively.
The House Appropriations Committee will
welcome three new Californian Democrats—
Representatives Barbara Lee (Oakland), Adam
Schiff (Burbank), and Mike Honda (San Jose).
They will join Reps. Sam Farr (Carmel) and
Lucille Roybal-Allard (Los Angeles), raising
California’s Democratic membership of the key
Federal spending panel from two to five.
On the Republican side, current Appropria-
tions Committee Chairman Jerry Lewis
(Redlands) will move into the ranking member
?????????????????????????????????????? ? ? FEDERAL UPDATE from page 1
Continued on Page 5PRIORITY FOCUS - PAGE 5 Visit the League’s Official Website--www.cacities.org
December 15, 2006 - Issue #48
position in the 110th Congress, and Congressman
John Doolittle (Granite Bay) is expected to remain
on the Committee.
Several Californians have also been selected
to serve on the Democratic Steering Committee,
including Representatives George Miller, who will
serve as the committee’s policy co-chair, Hilda
Solis (El Monte), who will serve as the
committee’s vice chair, Loretta Sanchez (Garden
Grove), Mike Thompson (Napa), Dennis Cardoza
(Merced) and Doris Matsui (Sacramento). Incom-
ing Majority Whip James Clyburn (D-SC) has also
selected California Congresswoman Maxine
Waters (D-Los Angeles) to join his Whip opera-
tion.
Other Californians with new committee as-
signments include Representatives Jane Harman
(D-El Segundo) and Grace Napolitano (D-Santa
Fe Springs). Congresswoman Harman will leave
her post as the ranking member on the House
Permanent Select Committee on Intelligence to
join the Energy and Commerce Committee, and
Congresswoman Napolitano will become the chair
of the Resources Committee’s Water and Power
Subcommittee and gain a seat on the Transporta-
tion and Infrastructure Committee. Current House
Administration Committee Ranking Member
Juanita Millender-McDonald (D-T orrance) is
expected to become the chair of the committee
when Congress reconvenes in January.
? ? ?????? FEDERAL UPDATE from page 4
FCC Commission Chairman Kevin J. Martin has
scheduled a vote at or before the FCC’s December
20 meeting to adopt new rules governing local
cable franchising.
The League submitted comments to the notice
this past February, as did several national local
government organizations and various municipali-
ties nationwide. The FCC sought information about
whether the current local cable franchising process
“unreasonably impedes” the cable competition and
broadband deployment goals of the FCC, and if so,
what it should do to address the problem.
A letter to the FCC from the U.S. Conference of
Mayors, National Association of Counties, National
League of Cities, and National Association of
Telecommunications Officers and Advisors chal-
lenging the FCC’s authority to pre-empt local video
(cable) franchising authority is available at
www.cacities.org/telecom.
The letter highlights the following key points:
• Title VI of the Communications Act does not
provide sufficient, if any, legal authority for the
commission to take action in changing the way
cable franchises are granted without explicit con-
gressional approval. The commission does not
have the authority to dictate the terms and condi-
tions of franchises given by local franchising
authorities.
• Title VI does not permit a fixed deadline on
local franchise authority action. A fixed deadline
would provide no incentive for new providers to
work toward a local franchise agreement because
they would have access to the public right of way
without local oversight if they simply wait out the
timeframes.
• The order would require the cost of any in-
kind benefits, such as I-Nets, as well as any mon-
etary payments other than the franchise fee, to be
offset against the 5 percent franchise fee. This
would be a significant net fiscal loss to the local
franchising authority. The “franchise fee” definition
in the Cable Act does not include in-kind services
or facilities, and it also does not include monetary
payments for PEG capital facilities and equipment
(including I-Net facilities) or monetary payments
incidental to the award or enforcement of the
franchise.
• The “build-out” requirements in the draft
order do not protect the interests of all customers
in a local franchising area. Competition is good
when everyone can benefit, not just a privileged
few. Local franchising authorities have effectively
managed build-out in their respective jurisdictions
without hindering the deployment of broadband
services.
The League will continue to monitor the situa-
tion in Washington D.C. and will provide more
information as soon as it is available.
FCC from page 1
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